Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, THURSDAY, DECEMBER 16, 2010 No. 167 Senate The Senate met at 9:30 a.m. and was Sovereign God, You see all that hap- words be true and sincere and their ac- called to order by the Honorable pens in our world as You lead us by tions be characterized by honor and re- KIRSTEN E. GILLIBRAND, a Senator from Your mercies and grace. Continue to spect. Help them to keep their prom- the State of New York. shower our land with Your blessings, ises to You and to one another, no mat- PRAYER protecting us from the forces that ter how great the challenges may be. The Chaplain, Dr. Barry C. Black, of- hinder freedom. Give our lawmakers Lord, enable them to walk securely in fered the following prayer: the wisdom to obey You, striving al- the path of Your will. We pray in Your Let us pray. ways to do what is right. May their great Name. Amen.

NOTICE If the 111th Congress, 2d Session, adjourns sine die on or before December 23, 2010, a final issue of the Congres- sional Record for the 111th Congress, 2d Session, will be published on Wednesday, December 29, 2010, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 29. The final issue will be dated Wednesday, December 29, 2010, and will be delivered on Thursday, December 30, 2010. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

PLEDGE OF ALLEGIANCE APPOINTMENT OF ACTING U.S. SENATE, PRESIDENT PRO TEMPORE PRESIDENT PRO TEMPORE, The Honorable KIRSTEN E. Washington, DC, December 16, 2010. GILLIBRAND led the Pledge of Alle- The PRESIDING OFFICER. The To the Senate: giance as follows: clerk will please read a communication Under the provisions of rule I, paragraph 3, to the Senate from the President pro of the Standing Rules of the Senate, I hereby I pledge allegiance to the Flag of the appoint the Honorable KIRSTEN E. United States of America, and to the Repub- tempore (Mr. INOUYE). GILLIBRAND, a Senator from the State of New lic for which it stands, one nation under God, The bill clerk read the following let- York, to perform the duties of the Chair. indivisible, with liberty and justice for all. ter: DANIEL K. INOUYE, President pro tempore.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S10311

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10312 CONGRESSIONAL RECORD — SENATE December 16, 2010 Mrs. GILLIBRAND thereupon as- EXECUTIVE SESSION from Congress and they demanded sumed the chair as Acting President more on election day. That is why pro tempore. today I am introducing this clean, one- TREATY WITH RUSSIA ON MEAS- page continuing resolution that would f URES FOR FURTHER REDUCTION operate the government through Feb- AND LIMITATION OF STRATEGIC ruary 18. So we have a choice. We can RECOGNITION OF THE MAJORITY OFFENSIVE ARMS pass this 2,000-page bill spending $1⁄2 LEADER The ACTING PRESIDENT pro tem- billion a page, or we can do this one- The ACTING PRESIDENT pro tempore. Under the previous order, the page, clean continuing resolution pore. The majority leader is recog- Senate will proceed to executive ses- through February 18 of next year. That nized. sion to consider the following treaty is the choice we have. which the clerk will report. Once the new Congress is sworn in, f The bill clerk read as follows: we will have a chance to pass a less ex- Treaty Calendar No. 7, Treaty with Russia pensive bill, free of this kind of waste- SCHEDULE on measures for further reduction and limi- ful spending. Until then, we need to tation of strategic offensive arms. take a step back and respect the will of Mr. REID. Madam President, fol- RECOGNITION OF THE REPUBLICAN LEADER the voters. lowing leader remarks, if any, the Sen- The ACTING PRESIDENT pro tem- I think the message was pretty clear ate will proceed to executive session to pore. The Republican leader is recog- last November. One pundit referred to consider the New START treaty. Roll- nized. it as a restraining order. In other call votes are expected to occur words: Quit doing what you have been OMNIBUS APPROPRIATIONS throughout the day in relation to doing. Here we are 1 month after the Mr. MCCONNELL. Mr. President, I amendments to the treaty. The man- want the American people to see some- election attempting to pass this 2,000- agers of this bill, Senator KERRY and thing. This is the bill the majority page bill when we could pass a one- Senator LUGAR, are two of our most ex- pager that would simply continue the would have us pass, this Omnibus ap- perienced Members, and they will do an government through February 18. propriations bill. It is 2,000 pages long. outstanding job of managing this legis- So we are going to have an oppor- I think the American people should lation. tunity to do this. I hope it makes sense think back to this time a year ago— The current continuing resolution on a bipartisan basis, this one-page last December—when the Democrats expires Saturday at midnight, so we continuing resolution until February did the very same thing. At that point, need to take action to consider a fund- 18, as an alternative to this 2,000-page it was a 2,700-page health care bill being resolution sometime in the next monstrosity that spends $1⁄2 billion a cause, frankly, they didn’t want us to few days. page. I don’t think there is any ques- see what was in it. Only afterwards did Just an update on the schedule: The tion it is the right thing to do, and I we find out about the ‘‘Cornhusker tax package which we passed yesterday hope my colleagues decide in the end kickback,’’ the ‘‘Louisiana purchase,’’ is now in the House. They are going to that is the direction we ought to take. and all the rest. consider that very likely today. We I am going to introduce this, and I just This is eerily familiar to anyone who have the omnibus or the continuing wanted to highlight it for my col- remembers the health care debate. We resolution we have to deal with in the leagues. even have snow in the forecast, which near future because, as I have indi- TRIBUTES TO RETIRING SENATORS is reminiscent of last year. Last year cated, the funding expires at midnight JIM BUNNING we voted on health care in a blizzard— on Saturday. Mr. MCCONNELL. Madam President, the 2,700-page health care bill in the The DREAM Act is something we I know there are others on the Senate middle of a blizzard. floor seeking to speak, but I wish to need to work on. It is an extremely im- This bill is so enormous it took the bid farewell to one of our colleagues. portant piece of legislation allowing Government Printing Office 2 days to young men and women to join the mili- 1 Few people can say they have had the print it. It spends more than $ ⁄2 billion same range of experience and successes tary. If they serve 2 years in the mili- a page. Let’s take a look at it again. in life as Senator JIM BUNNING. In fact, tary, they would be eligible to get their Here is the bill. It spends—right at green cards. It also allows them to con- there isn’t even another Major Leaguer 2,000 pages in this bill—it spends $1⁄2 tinue their education. It is an ex- who can say he struck out Ted Wil- billion a page. It has more than $1⁄2 bil- tremely important piece of legislation. liams three times in one game. JIM ac- lion in it for the Democratic health complished that notable feat in just his We have the 9/11 health matter; we care bill we passed last year, the 2,700- need to reconsider that. We hope we second year in the majors. page bill that looked pretty much like Thirty-nine years after that, he had can move forward on that matter. 1 this. It has $ ⁄2 billion in it for that become the only member of the Base- There are thousands of people who are health care bill we passed last year. desperately ill who need to be helped as ball Hall of Fame to serve in Congress. An ever-growing number of Ameri- For the past 12 years, I have been hon- a result of the terrorist attack that cans looking at that health care bill took place on 9/11. ored to work alongside this remarkable would like for us to repeal it, not fund American in the Senate. We followed Yesterday the House passed don’t it. This is exactly the kind of thing the ask, don’t tell, and we are going to different paths in life, but we sure have American people voted against last No- deep love for Kentucky and its people. have to deal with that in some way. vember—just this kind of thing. We We have nominations, including that It has been my honor over the years to had a referendum on November 2 on work closely with JIM to advance our of Jim Cole, the Deputy Attorney Gen- how the American people felt about eral, we have been trying for several common goals. what we have been doing for the last 2 So today I wish to say a few words months now to get cleared—that sec- years, and right at the top of the list about my good friend as we honor his ond ranking person in the entire Jus- was the 2,700-page health care bill. remarkable life and his remarkable tice Department. It seems to me we are Frankly, it is just unbelievable. Just service. having trouble getting even a vote on a few weeks after the voters told us JIM was born and raised in this individual. So that is going to they don’t want us rushing major Southgate, KY, and it wouldn’t sur- have to be resolved before we leave. It pieces of complicated, costly, far- prise anybody to learn he excelled in is extremely important we do that. reaching legislation through Congress, school and in sports growing up. He we get this 2,000-page bill. They want played baseball as a teenager at St. Xa- f to ram this gigantic, trillion-dollar bill vier High School in Cincinnati, but it through Congress, and they are using, was for his skills as a basketball player RESERVATION OF LEADER TIME once again, the Christmas break as an that would earn him an athletic schol- The ACTING PRESIDENT pro tem- inducement to vote for it. arship to Xavier University. pore. Under the previous order leader- Look, we all know this is not the way Baseball interrupted his college edu- ship time is reserved. to legislate. Americans expect more cation, but at his father’s insistence,

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10313 JIM would return to Xavier and earn a the time was held by Wendell Ford. It JIM has been a man of principle from degree in economics that would serve turned out to be a pretty close elec- start to finish. He has stayed true to him well in Congress over the years. He tion, but once he arrived in the Senate, himself. And in a truly remarkable life, entered the majors in 1955, and over the JIM set out to become one of the hard- he has got a lot to be proud of. But if course of a storied 17-year career he est-working and most influential Mem- you were to ask JIM to list his greatest would play for the Detroit Tigers, the bers of this Chamber. achievement, I don’t think he would Philadelphia Phillies, the Pittsburgh He has been a staunch social and fis- say it was his election to the U.S. Sen- Pirates, and the Los Angeles Dodgers. cal conservative, and a budget hawk ate or his induction to the Hall of JIM is a pretty imposing force at com- who for years has sounded the alarm on Fame. They would both come in a dis- mittee hearings—just ask Chairman the kind of concerns about spending tant second and third to the day he Bernanke—but he was a dominating and debt that drove so many Ameri- married his high school sweetheart, presence on the mound long before cans to the polls this month. JIM spoke Mary. JIM and Mary still live in the that. for many Americans when he said in a northern Kentucky town where he grew At 6 feet 4 inches, he was a hard- recent statement that, being a grand- up. They have been married for nearly throwing sidearmer who would tumble father to many he worries that future 60 years. Together, they have raised off the mound with every pitch he generations will be saddled by the poor nine children. And they enjoy nothing threw. By the end of his career, JIM decisions that are being made today. more than spending time with the next ‘‘For the first time in my life,’’ he said, could boast he was the first Major generation of Bunnings—which last ‘‘I question if my grandchildren will League pitcher to win 100 games, rack time I checked included 35 grand- have the same opportunities that I up 1,000 strikeouts, and throw no-hit- children and 5 great-grandchildren. JIM ters in both leagues. He finished with had . . .’’ One particular issue that has been will tell you there’s no secret to his an impressive 224 wins, 184 losses, 2,855 success. He is happy to give all the close to JIM’s heart is the issue of strikeouts, and a 3.27 ERA—the career credit to Mary. As he put it in his Hall stats that would earn him a spot in the adoption. In 2001, JIM introduced legislation to make adopting more afford- of Fame induction speech, she is his Baseball Hall of Fame. ‘‘rock.’’ JIM’s two greatest pitching achieve- able to American families. And in 2007, Today, we honor and pay tribute to ments were his no-hitter in 1958 and he introduced legislation to make our friend and colleague for more than the perfect game he threw on Father’s those tax incentives permanent. three decades of public service. JIM will Day, 1964, a feat that has only been ac- And, of course, if there was ever a be remembered for his two Hall of complished 20 times in baseball his- controversial issue regarding the na- Fame-worthy careers, for his example tory. Another little known feat was tional pastime on Capitol Hill, JIM was of principled leadership, and for his de- JIMMY’s so-called ‘‘immaculate inning’’ right at the forefront, including the in 1959 when he struck out three Red 2005 hearings related to steroid use in votion to God, country, and family. On Sox on nine pitches, a feat that has baseball. In one memorable exchange behalf of myself and the entire Senate only been achieved 43 other times in from that hearing, JIM offered the fol- family, JIM, we thank you for your baseball history. lowing testimony, from his own experi- service, and we wish you the best in Around here we joke that JIM likes ence as a player: ‘‘Mr. Chairman,’’ he the next chapter of your life. to throw the high hard ones, but he de- said, ‘‘maybe I’m old-fashioned,’’ [but] I yield the floor. veloped the skill early. Over a 4-year I remember players didn’t get better as The ACTING PRESIDENT pro tem- period with the Phillies, JIM hit more they got older. We all got worse. When pore. The Senator from Arizona is rec- opposing batters with pitches than any I played with Hank Aaron and Willie ognized. other pitcher in the league. In fact, Mays and Ted Williams, they didn’t put Mr. KYL. Madam President, I join over a 17-year career, he plunked 160 on 40 pounds to bulk up in their careers Senator MCCONNELL in a tribute to my batters or nearly 10 batters a year, and they didn’t hit more homers in friend and colleague, JIM BUNNING. JIM making him the 13th most dangerous their late 30’s than they did in their and I came into the House of Rep- pitcher of all time, ahead of such other late 20’s.’’ It was just this kind of resentatives at the same time as parts well-known head hunters as Roger straightforward, commonsense ap- of the 100th class. I have enjoyed being Clemens, Nolan Ryan, and Don proach to the issues that has won JIM with him as well in the Senate. JIM and Drysdale. a legion of admirers not only on the Mary are counted as among the best JIM has never been afraid of a little baseball diamond, but off of it. And on friends my wife Carol and I have. I chin music, and he brought that same this issue in particular, JIM’s passion agree with Senator MCCONNELL that competitive mentality to his life in and personal perspective helped shed while people may disagree with JIM public service. After baseball, public light not only on the dangers of steroid BUNNING, no one has ever doubted his service seemed like a logical choice. It use at the professional level, but on the courage, his sincerity, his love for this was JIMMY’s turn to give back, and give growing steroid epidemic among young country, his desire to do what is right, back is exactly what he did. athletes at all levels. and his commitment to all those ef- When JIM walks out of this Chamber Despite his high profile, JIM never forts. So I will greatly miss JIM when for the last time at the end of this ses- forgot about the issues that mattered he is no longer part of the Senate. I sion, he will be able to say with justifi- most to his constituents back home. think it is probably time for JIM and able pride that he has given 33 years of He’s been a staunch supporter of clean Mary to have a little bit of time to his life to public service and to Ken- coal technologies as an effective, effi- spend with all those children, grand- tucky. cient way to use coal, improve our en- children, and great-grandchildren. Ob- Over those three decades, JIM has vironment, and bring jobs to Kentucky. viously, we all wish them both well. served in all levels of government— Another issue that was extremely im- from the Fort Thomas City Council to portant to all Kentuckians was the OMNIBUS APPROPRIATIONS the Kentucky State Senate, to both failed clean up of radioactive contami- Madam President, I will speak for a Chambers in this building—12 years in nation that was found in the drinking few moments about the matter Senator the House and 12 in the Senate. He has water wells of residences near the De- MCCONNELL brought to our attention; dedicated his life to serving the people partment of Energy’s uranium enrich- namely, this almost 2,000-page Omni- of Kentucky, and Kentuckians are ment plant in Paducah, KY, in 1988. In bus appropriations bill. I know the ma- grateful for his service. 2004, JIM harshly criticized the DOE’s jority leader has turned to the START In the House, he made a name for cleanup efforts, as well as called sev- treaty, and I think it is fairly obvious himself, among other things, by work- eral hearings on Capitol Hill to draw why. The American people are focused ing tirelessly to strengthen and protect attention to DOE’s failure to com- like a laser beam on this spending bill. Social Security as chairman of the pensate many workers that had been I can’t turn on the TV without hearing House Ways and Means Subcommittee stricken with radiation-related dis- comments by both the commentators on Social Security. eases. as well as people in public life about And then, in 1998, he decided to make In every issue he has taken on, what this spending bill will do for this a run at the U.S. Senate seat which at whether national, statewide or local, country’s future.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10314 CONGRESSIONAL RECORD — SENATE December 16, 2010 I think it is time we devote some at- the legislation that is before us, a bill Medicaid expansion, as well as cuts to tention to this spending bill, rather that will cost more than $1 trillion. Medicare Advantage—something my than put it under the table and talk Very few Members will have time to constituents strongly objected to; an about the START treaty instead, analyze it, let alone read it. $80.7 million adjustment for HHS pro- which, after all, we could accomplish Funding of the government, of gram management, on and on. at any time. course, is one of the most important There are millions included for im- As the majority leader said, spending responsibilities that we as Senators plementation of the very controversial for the U.S. Government runs out at have. But as I said, this bill is going to Dodd-Frank financial reform bill, in- midnight Saturday night. I can hear get short shrift on the floor because it cluding a Securities and Exchange the cries at that time: We have an appears we will not even have an op- Commission funding increase of $189 emergency on our hands. You don’t portunity to amend it, if the majority million. That is 17 percent more than want to shut down the Federal Govern- leader’s schedule holds. last year; a Commodity Futures Trad- ment, do you? We have to do some- Let’s talk about some of the specifics ing Commission funding increase of thing. in it. As I said, it costs more than $1 $117.2 million or a 69-percent increase Well, the something is apparently trillion. There is nearly $18 billion over last year’s funding; Treasury gets this 2,000-page, over $1 trillion bill, more spending in this legislation than increase of $32.35 million or a 10-per- which will not have had adequate time in the temporary continuing resolution cent increase. It goes on and on. for debate or exposure to the American that was enacted last September. In The omnibus also contains $790 mil- people. Apparently, under the schedule, other words, at that time, we under- lion for an increase in education stim- as it now is, it would not even entitle stood we needed to begin the process of ulus programs. A thorough examina- us to try to amend it. Think about that funding the government, even though tion of those programs reveals that, at for a moment. That which is most im- not a single appropriations bill had least in some cases, they advance the portant to the American people and the been passed. So we passed legislation cause of the teachers unions—at least subject of the message conveyed in this that, over a 12-month period, was $18 in my view—more than the cause of last election—to stop the wasteful billion less than the bill that comes be- educating American children. Washington spending—we are not even fore us now. I don’t think this is re- Some claim that at least you can say going to be able to amend the $1 tril- sponsible, and I think most Americans this bill’s top line—its gross amount of lion-plus bill that has been laid before who have had to trim their budgets spending is consistent with the budget us. would agree it is not responsible. proposal advocated by Senators SES- I know—and I think most people in The bill contains more than 6,700 ear- SIONS, MCCASKILL, and many of the rest this body know—how important inter- marks. Think about that for a mo- of us, including myself. But that is not national relations and treaties are, in- ment. There are only 535 Members of true, as it turns out. It excludes nu- cluding the START treaty. But I also Congress. Most of us don’t have ear- merous parts, such as multiyear spend- agree with the colorful comment by marks in this bill. So at 6,700 ear- ing caps, enforcement mechanisms, and James Carville, a former adviser to marks, you are talking about some leg- limitations on emergency spending President Clinton, who has a way with islators in the House and Senate hav- designations—something I will talk words. He said the American people ing numerous earmarks. The total is $8 about in a second. In addition, the ma- don’t give a pig’s patooty about the billion worth of earmarks. There is a jority is using a budgetary sleight of START treaty. debate about whether earmarks are hand to ostensibly meet the spending Obviously, those of us in the Senate good or bad, and some who believe they caps for 2011. This is what I was going do. We understand its importance. But are OK say it is not that much money. to mention. They do this by a trick of at this moment, the most important But $8 billion is a lot of money no mat- retroactively declaring spending in last thing on the minds of the American ter who is doing the counting—even in year’s supplemental appropriations bill people is how we are going to fund the the Federal Government. It includes for Agent Orange claims as an emer- Federal Government without con- things—and I don’t like to make fun of gency. So that money is spent. It was tinuing to waste billions of dollars of these things because they all have last year’s funding. Now we are going their money. That is what we ought to some purpose—like $247,000 for virus- to call that money emergency funding. be focusing on in the last few hours we free wine grapes in Washington. I am What is the effect? It doesn’t count and have. sure it is important to have virus-free reduces the baseline and, like magic, Let me address a little bit about wine grapes, but the last time I by treating it as an emergency—to the what we have found so far is in this bill checked, the people who grow grapes tune of almost $3.5 billion—they have and why so many of us are so con- are doing fairly well financially and been able to secure a lower CBO score cerned about it. The first point I will could probably afford, if all the wine on the bill and, therefore, not exceed make is, I don’t think ever in the his- growers pool their resources, to come the spending caps. Without the gim- tory of the modern Congress that Con- up with $200,000 to try to make sure mick, they obviously would have ex- gress has failed or the Senate has failed their grapes are free of virus. ceeded the spending caps proposed in to pass a single appropriations bill. The There is a $100,000 appropriation for the Sessions-McCaskill legislation. American people should understand the Edgar Allan Poe Visitor Center in I will mention process briefly. This that, ordinarily, Congress passes a New York. Edgar Allan Poe is certainly bill is being considered under a deeply budget and we each—both bodies—pass an iconic American literary figure, but flawed process, as the Republican lead- about 12, sometimes 13 bills, to fund for the Federal Government—I mean er said. Voters made a very clear state- the different agencies and departments the taxpayers in Arizona probably ment, I think, last month. They do not and functions of the U.S. Government. don’t appreciate the need to pony up like wasteful Washington spending. We didn’t do that this year. We didn’t money for the Edgar Allan Poe Visitor They want it to stop. They didn’t like pass a single one. We didn’t pass a Center in New York. the health care bill. They do not want budget. So now the emergency that oc- The omnibus bill contains upward of us—here, a week before Christmas—to curs, because we will run out of fund- a $1 billion increase in spending for the rush very complex, very large bills ing on Saturday, obviously, is laid at vastly unpopular health care bill through the Congress without time for the feet of the majority, which didn’t Americans said they didn’t want and their representatives to read them, to do its work earlier in the year, and continue to strongly oppose. Here are a study them and have an opportunity, that forces us into the position of hav- couple of the details on that. There is potentially, to amend them. But under ing to act in this emergency way. an allocation of $750 million for the the schedule laid out, as I said, an open As the Republican leader said, iron- Prevention and Public Health Fund amendment process for this bill would ically, this is at the same time we were slush fund for a variety of programs— be impossible. considering the health care legislation not named; a $175.9 million adjustment At the very least, one would think last year, the week before Christmas, in the Centers for Medicare and Med- Republicans should be entitled to 1 or 2 in a situation in which Members have icaid Services program management amendments to each of the 12 appro- very little time and ability to change account to implement the massive priations bills that are included within

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10315 this giant Omnibus appropriations told it might occur at actually 12:01 on figure come from, well, it came from package. Under regular order, each of Sunday morning—in other words, one Senator MITCH MCCONNELL in a motion these bills would take at least several minute after midnight. Well, that he made before the Senate Appropria- days of floor time and we would con- would be very reminiscent of last tions Committee. It reflects the sider numerous amendments. That is year’s consideration of the health care amount that he said was the maximum not going to happen with this bill. In- bill, where through all the procedural we should spend in this current cal- stead, we will do the equivalent of gimmickry this body did not distin- endar year on our appropriations bills. more than a month’s work of floor guish itself in adopting legislation He prevailed. It is the same number as time in a couple of days, with no under a process the American people the so-called Sessions-McCaskill figure amendments. And some wonder why saw through, objected to, and continue that has been debated back and forth Congress’ approval rating has fallen to to criticize the legislation adopted as a on this floor, voted repeatedly by the 13 percent. Someone said: Who is the 13 result of the process as well as its sub- Republicans to be the appropriate total percent? And the answer was: Well, it stance. number. So we have a bipartisan agree- is our staff and our families. Maybe. If we want to do the same thing with ment on the total number. Yet now the Let me conclude here with a little bit this legislation, then it will dem- Republican leader comes to the floor, about jobs and energy prices. This bill onstrate in the very first act relating stands in horror at the idea of $1.1 tril- will raise energy prices in the United to spending after the election that this lion—the very same number he asked States and destroy energy jobs through Senate did not get the message sent by for in this bill. You can’t have it both and including some of the following the American people. ways. provisions: The ACTING PRESIDENT pro tem- Secondly, they say, well, this is a There is a ban on shallow water drill- pore. The Senator from Illinois. 2,000-page bill. Well, allow me to ex- ing. I thought the whole idea—espe- Mr. DURBIN. Madam President, are plain why. cially after the gulf, where we had we in morning business at this point? When you take the work of 12 sub- deepwater drilling problems—was to The ACTING PRESIDENT pro tem- committees, instead of separate bills encourage drilling in shallow waters to pore. We are on the treaty. and put them in one bill, the total make up for that other loss of produc- Mr. DURBIN. Madam President, I ask number of pages is going to increase. tion. The bill changes the law to triple unanimous consent to speak as in Maybe the best thing we can give as a the time for the Department of the In- morning business for no more than 10 Christmas gift to the Senate Repub- terior to approve exploration plans for minutes. lican Caucus is a speed reading course offshore operators from 30 to 90 days. The ACTING PRESIDENT pro tem- so they can sit down and read these This provision could lead to huge fi- pore. Without objection, it is so or- bills. It turns out their fingers get nancial penalties to the government, dered. smudgy and their lips get tired if you breach of contracts, and add further OMNIBUS APPROPRIATIONS have more than 100 pages in a bill. Over impediments to creating jobs and en- Mr. DURBIN. Madam President, I and over we are told, don’t worry about ergy here at home. want to respond to what has been said the substance, just count the pages, The bill reduces the State’s share of by my friend Senator KYL from Ari- and if it gets up to a thousand pages, it Federal onshore oil and gas production zona, as well as Senator MCCONNELL of is clearly a bad bill. Wrong. This 2,000- revenues to 48 percent, down from the Kentucky, about the appropriations page bill reflects the work of 12 sub- 50–50 split required under current law, bill, which we are going to consider in committees and 12 Republican Sen- and it raises fees for onshore and off- a very short period of time. ators who helped to assemble and to shore oil and gas production on Federal I am a member of this Appropriations devise the contents of that bill. It is no lands. These fees amount to a tax that Committee. I remember what hap- surprise that it would reach that num- will make domestic energy production pened, and I want to put it on the ber when we put all of the spending more expensive to produce, especially record right now so that some of the bills—the Appropriations sub- for the small businesses that do so. things that have been said can be com- committee bills—into one document. There is much more—much more the pared to what I think is the reality. Another point that is raised—what a American people should know—but we This is the reality: The Appropriations surprise—we have this thing thrown at are supposed to be talking about an subcommittees—each and every sub- us. We have not seen this before. We arms control treaty with Russia in- committee of that full committee—met don’t have time to look at this. stead. I want to remind everyone that with Democrats and Republicans and This bill was posted 2 days ago, and we are in a lameduck Congress, and my prepared a bill. I have the Sub- will be available not only for every view is that trying to enact such a committee on Financial Services and Senator and every staff member but for huge and complex bill within the nar- General Government. Senator SUSAN every citizen of this country to look at row postelection timeframe shows dis- COLLINS of Maine worked long and hard in detail. The reason Members have respect for the democratic process. For in preparation of that bill. Other sub- been coming to the floor talking about that reason and the others I have dis- committee chairs did the same thing. its contents is they have access to it, cussed, I urge my colleagues to oppose There was full bipartisan cooperation and have had for almost 48 hours, and cloture on this bill and to pass a sen- in the preparation of each of these sub- will for an even longer period of time sible continuing resolution of the kind committee bills—every single one of before it is finally considered. the Republican leader has introduced. them. And the appropriations bill that I also want to say that the schedule I want to leave no doubt about this we will vote on is the combination of we are facing here now, which is put- final point. Those who are watching all of that effort. ting us up against some deadlines— this process carefully and who under- Let me also talk about the amount of deadlines for the funding of govern- stand how the process works under- money we are going to appropriate to ment, a lot of personal family dead- stand that the important vote here is continue to fund the operations of our lines, which trouble all of us, but we on cloture. It is the first vote. It is, in Federal Government. accepted this job and its responsi- effect, the vote to consider this omni- It is true, it is over $1 trillion. In bility—many of these deadlines have bus bill. Our constituents will not be fact, it is $1.1 trillion in this bill. But come to be because of an exercise of fooled by Senators who vote ‘‘yes’’ on what hasn’t been said by Senator the Senate rules. Time and time and cloture to go to this bill—ensuring it MCCONNELL and Senator KYL is that is time again the Republican minority will be considered under this rushed exactly the amount they asked for. has forced us to go into a cloture vote, process without amendment—but then Senator MCCONNELL came to the Sen- into a filibuster—record-breaking num- who vote ‘‘no’’ on final passage, after it ate Appropriations Committee and said bers of filibusters over the last several is too late to stop the flawed process Republicans will not support this bill years. and say, well, I voted ‘‘no’’ on the bill. unless you bring the spending down to If Members of the Senate were to go Well, of course, they voted ‘‘no’’ on the $1.108 trillion. That is exactly what we back home and ask the cable TV view- bill, but then it was too late. bring to the floor to be considered. ers who watch C–SPAN what their im- The key vote is on the cloture vote, So to stand back in horror and look pression of the Senate is, their impres- whenever that might occur, and I am at $1.1 trillion and say, where did this sion is an empty Chamber—an empty

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While I have many issues with the hours on the clock instead of rolling up Let’s start the amendment process, New START, I want to address only a our sleeves and actually getting down let’s have votes, let’s not filibuster few of my major concerns this morn- to business. anything. Let’s get to the vote, vote on ing. First, START straitjackets the Now they come and tell us, well, we the substance, and let’s bring it to an are going to threaten to start reading end. Then let us bring up the Omnibus U.S. missile defense capabilities. Sec- bills. They have a right to do that appropriations bill and the CR, let the ond, START offers no method to make under the rules. It is really not needed, Senate work its will, and let’s vote on sure a historically noncompliant Rus- since all these bills have been posted it. sia state will keep its promises. Third, and any Senator who wanted to read We have two or three other items we the approach embodied by START is them has now had 48 hours to read this can complete, and if people don’t exer- representative of an outdated and sim- appropriations bill, if they wanted to. cise delay tactics, we can get this done plistic view of the U.S. position on the But they may burn off hours on the in a few days. I urge my colleagues, in world stage. clock again and then complain we are the spirit of what we did with the To begin, I wish to specifically dis- ruining Christmas for Members of the President’s tax package, let’s return to Senate and their families. Well, unfor- cuss the limitations placed on the U.S. a more bipartisan approach to com- missile defense by the New START. tunately, their hands are not clean. pleting our business and going home to When it comes to the things included The treaty signed by President Obama our families. in this bill, incidentally, I have heard and Russian President Medvedev on I yield the floor. April 8, 2010, places explicit limitations many Republican Senators come down The ACTING PRESIDENT pro tem- on U.S. missile defense. The preamble here and talk about specific elements pore. The Senator from Indiana. in this Appropriations bill they dis- Mr. LUGAR. What is the business be- of the treaty—the preamble declares an agree with, and that is their right. But fore the Senate? interrelationship between strategic nu- many of the same Senators who are The ACTING PRESIDENT pro tem- clear offensive weapons and strategic criticizing congressionally directed pore. The START treaty. nuclear defensive weapons. It implies spending, or earmarks, have earmarks Mr. LUGAR. I thank the Chair. I the right of Russia to withdraw from in the bill. That is the height of hypoc- wish to work with my colleague, the the treaty based on U.S. missile de- risy—to stand up and request an ear- chairman of our committee, to make fenses that are beyond ‘‘current stra- mark, have it included in the bill, and time available to Senators. I see the tegic’’ capabilities. The treaty pre- then fold your arms and piously an- distinguished Senator on the floor. amble, the very preamble of the treaty, nounce, I am against earmarks. You Are you prepared, sir, to make a gives Russia an opportunity to turn ought to be consistent enough to know statement? their backs on the treaty at the slight- if you are asking for an earmark one Mr. BARRASSO. Madam President, est sign of a shift in American defen- day and criticizing it the next, your yes, I am. sive strategy. This language is unac- credibility is going to be challenged. Mr. LUGAR. I yield to the Senator ceptable and needs to be removed. That is a fact. from Wyoming. As far as some of the things that I offered an amendment in the Senate The ACTING PRESIDENT pro tem- have been talked about, one of them Committee on Foreign Relations to pore. The Senator from Wyoming. strike this language. The White House brought up by Senator KYL relates to Mr. BARRASSO. Madam President, I drilling, and how quickly drilling per- resists any attempt to amend the pre- rise today to express my views on the mits will be issued by the Federal Gov- new Strategic Arms Reduction Treaty, amble. The administration argues it is ernment. also known as New START. This treaty a nonbinding concession to Russia. Our Department of Interior has asked Russia clearly doesn’t see it that same for 90 days to review applications for is an extremely important and serious matter. New START significantly im- way. They have made it quite clear drilling permits included in the bill. they consider the preamble legally Why would we want to be careful when pacts America’s national security and nuclear deterrent. As a result, I believe binding. A Russian Foreign Minister it comes to drilling permits? America stated the treaty contained ‘‘legally knows why. We saw what happened in this treaty deserves adequate time in the Senate—time to examine the binding linkage between strategic of- the Gulf of Mexico. We saw the damage fensive and strategic defensive weap- done. And we know for many busi- issues, time to debate the many flawed provisions, and time to vote on all of ons.’’ The Russians have wanted this nesses and many families and many language for a long time in order to people, and for a very fragile environ- the amendments offered for consider- have grounds to claim that the U.S. ment, things will never be the same. ation. missile defense program violates an Let us avoid that from happening in The majority leader should not be international agreement. This type of the future. Waiting 90 days instead of piecemealing together segments of 30 days is hardly an onerous burden to time for debate on an issue as impor- constraining language is not unique to make sure that what is done is done tant as nuclear arms control. The trea- the preamble. properly and done in a way that won’t ty should not be shortchanged and The treaty also places a legally bind- come back to haunt us. rushed through the Senate. The treaty ing limitation on missile defense in ar- Finally, to argue this is disrespectful should not be jammed together with ticle V of the treaty. Article V proof the democratic process is to ignore consideration of a 1,924-page omnibus hibits the transforming of offensive the obvious. Time and time and time Federal spending bill. The treaty strategic missile launchers into defen- again, when we have tried to move the should not be considered during a sive strategic missile launchers. As democratic process, we have run into a lameduck session. this Nation continues to face threats Consideration of the treaty will re- roadblock with filibusters from the from around the world, we should not quire a substantial amount of time in other side of the aisle—obstructionism. take any action that will hinder our order to sufficiently address its many I am glad we passed the tax bill yes- missile defense options. We need to be terday. It was an amazing day. I think flaws. Like many of my colleagues, I able to defend ourselves. the final vote was 81 to 18, which was plan on offering amendments, amend- an incredibly strong bipartisan show- ments designed to protect our national Just like the preamble, the adminis- ing. Let’s end this session on a bipar- security. This debate concerns the na- tration makes excuses as to why they tisan note. Let’s get away from lobbing tional security of the United States. It have made concessions to the Russians bombs back and forth across the aisle. is critical that the United States main- on our missile defense. The current ad- Let us roll up our sleeves and get down tains a strong nuclear deterrent in ministration claims that they have no to what we need to do. order to defend our Nation and provide plans to use the missile defense options

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10317 prohibited under the new START trea- of 180 inspections. This further plays knowing these details, and these de- ty. I believe that placing any con- into Russia’s favor due to there being tails matter. straints on future U.S. defense capa- 35 Russian facilities compared to only The force structure of our nuclear bilities should not even be up for de- 17 U.S. facilities to inspect. triad is critical to maintaining an ef- bate, let alone placed in a treaty on The administration also dropped two fective deterrent. The nuclear triad of strategic offensive nuclear weapons. key provisions from New START. The the United States spans sea, air, and The purpose of New START was to United States will no longer have con- land. By working together, our nuclear reduce strategic nuclear weapons be- tinuous monitoring at the Russian nu- triad complicates and deters any at- tween the United States and Russia, clear missile assembly plant. We had it tempt at a successful first strike by not limit the ability of the United in START I. Why are we giving up this anyone on our country. I believe the States to defend ourselves. It is out- important verification component in President’s force structure proposal rageous that the administration would New START? The United States also will weaken our nuclear triad. make any concessions to Russia on our will not have full access to Russian nu- The American people deserve a full national security. clear ballistic missile launch telemetry debate on the Senate floor on a treaty The United States must always re- under New START. Under START I we of this magnitude. It is my hope that main in charge of our own missile de- had unrestricted access. Why are we the Senate will take its constitutional fense—not Russia, not any other coun- giving that up? responsibility very seriously and pro- try. We should not be tying our hands The treaty does not provide us with vide the New START with the scrutiny behind our backs and risking the secu- the verification mechanisms that en- it deserves. rity of our Nation and our allies. Rus- able us to make sure Russia is keeping I yield the floor. sia is trying to force the United States its promises. Instead, there is a lot of The ACTING PRESIDENT pro tem- to choose between missile defense and trust and precious little verification. pore. The Senator from Indiana. Mr. LUGAR. Madam President, I un- the treaty. The clear choice should al- A weaker verification system is even derstand the distinguished Senator on ways be to protect the ability of the more dangerous due to Russia’s long the floor wishes to speak. I yield for United States to defend ourselves. I be- history of noncompliance on arms con- Senator UDALL. lieve the administration’s decision was trol treaties. Russia has a record of The ACTING PRESIDENT pro tem- a serious mistake. noncompliance and violations under pore. The Senator from Colorado. I also have major concerns about the the original START treaty. Up until Mr. UDALL of Colorado. Madam central limits of New START. This the end of the original START treaty President, let me start by thanking my treaty is a one-sided agreement aimed in December of 2009, Russia was con- good friend from Indiana, not only for at only reducing U.S. strategic nuclear tinuing to engage in compliance viola- yielding the floor to me but for his weapons. Russia is currently below the tions. The Department of State compli- strong leadership on this crucial treaty limit for strategic nuclear delivery ve- ance reports from 2010 spell out the nu- before us here in the Senate. hicles under the New START treaty. As merous violations made by the Rus- I rise in strong support of the New a result, Russia will not have to make sians. START treaty. I want to start by re- reductions. The United States will be Finally, the treaty relies on the false minding my colleagues that arms con- the only party required to slash its premise that Russia is America’s only trol treaties are an integral part of this forces. nuclear rival. This view of the world is country’s modern history, premised on Due to loopholes in the treaty count- outdated and simplistic. Even if we a shared belief that a world with fewer ing rules, Russia could deploy more could trust Russia there are numerous nuclear weapons is a safer world. Even than 1,550 warheads, go above that ceil- other threats such as North Korea and as the Cold War raged, it was Ronald ing and still be in compliance with the Iran which have repeatedly shown hos- Reagan who committed America to the treaty. Russia may even be able to de- tility to the United States and to our ultimate goal of eliminating these ploy more than 2,100 warheads under allies. We should never abandon our de- weapons from the face of the Earth. the treaty. Each deployed heavy bomb- fenses and sacrifice our deterrent in Those are his very words. This goal er, regardless of the actual number of the face of increasing international has animated numerous arms control warheads on it, only counts as one de- belligerence. It is the equivalent of agreements since then and it underpins ployed strategic warhead. If anything, asking America to stare down the bar- the New START treaty, an agreement I the limits just tell Russia how many rel of a gun without knowing whether believe we cannot fail to ratify. The weapons they are allowed to add to the gun is loaded, and then to trust the dangers of nuclear proliferation have their strategic nuclear force. Why person holding it not to pull the trig- grown. As the Senator from Indiana would the administration enter into a ger. knows well, because this has been a bilateral treaty that only requires the In arguing for this treaty the admin- part of his life’s work, the threat of United States to make sacrifices? This istration has tried to have it both global nuclear war has receded but the is not acceptable. ways. The treaty demands the United risk of nuclear attack has increased, New START offers us nothing in re- States reduce our nuclear strike force enabled by the spread of nuclear tech- turn, not even a robust verification by specific numbers. Yet the adminis- nology and the danger of materials mechanism that enables us to make tration has only offered a vague range falling into the wrong hands. sure Russia is keeping its promises. of estimates regarding where these I believe we cannot be seen as a cred- President Ronald Reagan regularly re- cuts would take place. The President’s ible leader of a nation strongly com- peated the phrase ‘‘trust, but verify.’’ force structure plan provides up to 420 mitted to meeting our nonproliferation He did it repeatedly regarding nuclear intercontinental ballistic missiles, 14 obligations unless we pursue further weapons. The verification measures submarines carrying up to 240 sub- nuclear arms reductions ourselves. The play an important role in analyzing the marine-launched ballistic missiles, and United States and Russia have over 90 New START. The New START has a up to 60 nuclear-capable levee bombers. percent of the world’s nuclear arms be- weak verification regime. Even if the administration did cut tween us. Thus, we have an obligation Former Secretary of State James the absolute maximum number of to verifiably decrease our nuclear Baker made the exact point by indi- weapons it has proposed to cut, it stockpiles and reduce this primary cating the New START verification would still fail to live up to the reduc- threat to global and national security. procedure provisions, he said, were tions demanded by New START. In- That is why the New START treaty weaker than the original New START. stead of giving the Senate a specific matters. It establishes limits for U.S. Under New START, the U.S. would be force structure, the President is re- and Russian nuclear weapons to levels limited to 18 inspections per year as peating his health care playbook and lower than the 1991 START Treaty and opposed to 28 in the past. Under the telling us to wait until after the United the 2002 Moscow treaty. original START treaty the United States ratifies the treaty to find out These limits have been validated by States conducted approximately 600 in- the details. our defense planners and ensure that spections. Under New START the It is wrong that the Senate is consid- we have the flexibility to meet our se- United States is limited to a maximum ering approving this treaty without curity needs.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10318 CONGRESSIONAL RECORD — SENATE December 16, 2010 The treaty also includes a strong Treaty opponents argue it inhibits clear. There are 58 Democratic Sen- verification regime, which Secretary our ability to maintain an effective ators and Senator LUGAR who obvi- Gates called the ‘‘key contribution’’ of and reliable nuclear arsenal. It is true ously are working to advance this trea- the agreement. that this administration inherited an ty. We do not have any amendments. As we debate this agreement today, underfunded and undervalued nuclear We are prepared to vote. So if col- we should not only consider the con- weapons complex. But the President leagues want to bring an amendment, sequences of ratification but also the understands that the nuclear experts now is the time to do it, and we en- consequences of failure. Because and infrastructure that maintain our courage them to do so. START expired over a year ago, we arsenal also help secure loose nuclear Let me just say that I know Senator currently have no treaty and, therefore materials, verify weapons reductions BARRASSO just spoke with respect to no constraints on Russia’s stockpile or and develop technologies that underpin missile defense. I understand the legiti- verification of their weapons. our nuclear deterrent. mate concerns that have been ex- The choice facing U.S. Presidents That is why the President’s budget pressed by a number of colleagues through the decades has been whether request provides $7 billion for these about the question of missile defense. I we are better off signing arms agree- programs this year, a 10-percent in- wish to make it as clear as possible, ment with the Russians or pursuing an crease over last year. New START from all of the record to date, that the arms race. Historically, Presidents would in no way limit these invest- treaty’s preamble, first of all, requires from both parties and bipartisan ma- ments. And as treaty opponents know nothing legally whatsoever. There is no jorities in the U.S. Senate have agreed well, the President has offered an even legal, binding effect of the preamble— that we are better served by agree- more robust investment in moderniza- none whatsoever. Secondly, Secretary Clinton said this ments. tion and refurbishment of our nuclear Today is no different. As U.S. Stra- infrastructure over the next 10 years, and Secretary Henry Kissinger said this: All it is is a statement of fact tegic Command’s General Chilton tes- totaling $84 billion. about the existence of a relationship. It tified, without a treaty, Russia is not The importance of ratifying this has no restraint whatsoever on our constrained in its development of force treaty goes beyond politics. We know that a lack of demonstrated bipartisan ability to proceed with missile defense. structure, and we have no insight into Moreover, the resolution of ratifica- its nuclear program, making this ‘‘the support could poison relations with Russia and our allies. And we cannot tion could not be more clear about worst of both possible worlds.’’ that. There are pages within the reso- Failure to ratify this treaty would risk the loss of American leadership in the world that would ensue if we are lution and several different individual make the broad ‘‘resetting’’ of U.S.- references to the fact that the missile Russian relations harder. The distrust perceived as too entangled in our own internal politics to ratify a strategic defense is not affected. it would engender would also reduce or Let me read from it. This is from even eliminate the possibility of fur- arms treaty that is clearly beneficial to our own security. ‘‘Understandings,’’ and this is the mis- ther bilateral strategic weapons reduc- sile defense understanding No. 1: tions. As former National Security Ad- I know that some of my colleagues hope to amend this treaty and, in so It is the understanding of the United viser Brent Scowcroft—I think we States— would all agree he is one of the wisest doing, kill it, since any changes will require the administration to start from This is what we will pass when we Americans about foreign policy—testi- pass this, and I am quoting from it— fied earlier this year, ‘‘the principal re- scratch and reopen negotiations with the Russians. I urge them to reconsider that the New START Treaty does not impose sult of non-ratification would be to and to think about what is at stake. any limitations on the deployment of missile throw the whole nuclear negotiating And I urge them and all my col- defenses other than the requirements of situation into a state of chaos.’’ leagues to listen to our military lead- paragraph 3 of Article V of the New START But we need to remember that this Treaty, which states, ‘‘Each Party shall not ership when they tell us that this trea- treaty is not just about Washington convert and shall not use ICBM launchers ty is essential to our national security. and Moscow, it is also about the world and SLBM launchers for placement of mis- As Senator LUGAR pointed out yester- community and our global relation- sile defense interceptors therein. Each Party day in his eloquent statement, ‘‘Reject- further shall not convert and shall not use ships. Failure to ratify this treaty ing an unequivocal military opinion on launchers of missile defense interceptors for would signal to the world that America a treaty involving nuclear deterrence placement of ICBMs and SLBMs therein.’’ is not willing to constrain its own would be an extraordinary position for It goes on to say that any New weapons arsenal, even as we ask other the Senate to take.’’ START treaty limitations on the de- countries to restrict theirs or avoid Let us not allow this to be the first ployment of missile defenses beyond joining the ‘‘nuclear club’’ altogether. time in history that the Senate denies those specifically contained—and I will It would discourage multilateral co- ratification to a treaty with over- speak to what they are in a moment— operation on nonproliferation goals whelming bipartisan support and the would require an amendment to the and hinder our ability to lead by exam- endorsement of the full breadth of our New START treaty. That would require ple. It would make global cooperation military and civilian leaders. I urge my an entire new process of ratification in on dealing with rogue states like Iran colleagues to support this treaty and order to live up to the requirements of and North Korea more challenging, to support a safer world. the treaty process itself. tying our hands at a time when the The ACTING PRESIDENT pro tem- Now, the specific, tiny, little limita- threat from those two countries is in- pore. The Senator from Massachusetts. tion they are talking about in there is creasing. Mr. KERRY. Madam President, I one that the Secretary of Defense said: Treaty opponents have tried to make wish to thank the Senator very much We don’t want; that is, the conversion the case that the dangers of ratifying for his comments and his support. It is of a current ICBM silo. There are four the agreement outweigh the advan- my understanding that Senator ENSIGN of them that are grandfathered into ex- tages of ratification. They are simply was going to speak at this point in istence here, but the military has de- wrong. time. He is on his way. We are happy to termined it is more expensive to do They argue that the treaty limits our accommodate that. that than to simply build a new silo for ability to develop missile defense capa- Let me say to colleagues that we are a ground-based missile, which is what bilities. The head of the Missile De- open for business. We are ready to en- we plan to do in the event we want to— fense Agency argued, that the treaty tertain amendments people may have. when we deploy. actually reduces constraints on missile We encourage colleagues to come down So there is, in effect, zero limitation. defense. And countless military and ci- here. Obviously, some people have Every single member of the Strategic vilian leaders, including the former raised the question of the press of time, Command and the current command Secretaries of State for the last five but it does not seem, from both yester- has said there is no limitation. Sec- Republican Presidents, have publicly day and today, that anybody is actu- retary Gates has said there is no limi- stated that New START preserves our ally in a rush to bring an amendment. tation. And I believe we will be able to ability to deploy effective missile de- We are prepared to vote on our side have even some further clarification of fenses. of the aisle. I want to make that very the absence of any limitation.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10319 The fact is, if you change that pre- this body the power of advice and con- threatening the world, the Soviet Union in- amble now, you are effectively killing sent in these serious matters. sisted that we sign an agreement that would the treaty because it requires the The American people sent a clear deny me and future presidents for 10 years President to go back to the Russians, message in November to concentrate the right to develop, test and deploy a defense against nuclear missiles for the people renegotiate the treaty, and then you on jobs, taxes, and the economy. While I do not think this lameduck is of the free world. This we could not and have to come back and go through would not do. months and months of hearings and re- the time to debate this very important treaty, I do plan on offering multiple This clearly states, in his own words, submission and so forth. where Ronald Reagan would be on this The important thing to focus on is amendments to address this treaty’s New START treaty. Another especially the fact that—and let me quote Henry flaws, as well as the resolution of rati- troublesome facet of the New START is Kissinger about the language Senator fication. My colleagues on both sides of that it would establish a Bilateral Con- BARRASSO has referred to. He said, ‘‘It the aisle will also offer amendments sultative Commission with the author- is a truism, it is not an obligation.’’ with topics ranging from how this trea- Secretary Gates also emphasized the ty restrains our missile defense capa- ity to agree upon additional measures fact that it has no impact whatsoever bilities to ceding the Senate’s advice to increase the effectiveness of the on the United States. Secretary Gates and consent power to the flawed Bilat- treaty. This seems like a broad and reminded us in May that the Russians eral Consultative Commission. vague purview for a commission, and it have always reacted adversely to our For example, there needs to be an is unclear why the Senate would dele- plans for missile defense, so they have amendment which addresses the verifi- gate its advice and consent responsibil- tried a number of times to try to inter- cation regime in this treaty, or lack ities to a commission. This leads me to rupt that. thereof. Further, it is astounding to me ask the question: Since missile defense Secretary Gates said in his testi- that tactical nuclear weapons were left has fallen under the purview of this mony: out of the treaty, considering that Rus- treaty, wouldn’t it be logical that this commission could make decisions as to This treaty does not accomplish any re- sia has approximately a 10-to-1 advan- straint for them at all. tage. Additionally, we need to consider what we can and cannot do with our how the rail-mobile ICBMs are count- missile defense assets? We must make He also said: ed, or not counted, and our Russian it clear this commission, the BCC, can- We have a comprehensive missile defense policy in a much broader sense. not have the authority to further hand- program, and we are going forward with all of it. As the Senate moves forward in ex- icap our national defense as it could amining the intended consequences of otherwise do under this treaty without In addition to that, General Chilton this treaty, we also need to pay careful further scrutiny of the Senate. reported on how he informed the Rus- attention to those consequences that I hope we agree as a body to insist sians in full about exactly what pro- are unintended because that is where that the workings of the BCC are com- gram we were going forward with, in- the danger truly lies. In order to prop- pletely visible and accessible to the cluding the recently agreed on deploy- erly examine these, the administration Senate and that we explicitly make ment at Lisbon for the deployment of needs to provide the Senate with the these changes to the treaty itself, not missile defense in Europe. full negotiating record which it has yet just the resolution of ratification. They understand exactly what we are to do. Only upon examination of this doing, what our plans are, and, not- As we move forward in examining record can we accurately determine this treaty, a colleague of mine will be withstanding that, they signed the how Russia views this accord to ensure treaty. So I think the comfort level of sorely missed. The senior Senator from that their understanding is the same as Missouri, KIT BOND, as vice chairman all of our military, of all of those in- ours. volved with the laboratories, and all of of the Senate Select Committee on In- On the topic of missile defense, this telligence is the foremost expert in the those involved with the Strategic Com- is clearly a case of the administration mand ought to speak for itself. Senate and likely in all of Congress on wanting to have its cake and eat it too. matters of intelligence. At least that is I see Senator ENSIGN is here. There should be zero—zero—mention of I yield the floor. my opinion. I wish to quote my good missile defense within 100 miles of this friend. The Select Committee on Intel- The ACTING PRESIDENT pro tem- treaty. Yet there it is, right in the pre- pore. The Senator from Nevada. ligence has been looking at this issue amble to New START, which clearly closely over the past several months. Mr. ENSIGN. Madam President, I rise recognizes an interrelationship be- As the vice chairman of this committee, I today to talk about this New START tween offensive nuclear weapons and treaty. I have some very serious con- have reviewed the key intelligence on our missile defense. I believe this is unac- ability to monitor this treaty and heard cerns about it. ceptable. I appreciate the work that has been from our intelligence professionals. There is Further, if we examine article 5, no doubt in my mind that the United States done by my colleagues. This is an in- paragraph 3, of New START, missile cannot reliably verify the treaty’s 1,550 limit credibly serious issue. I do not question defense is again referenced, plain as on deployed warheads. The administration anybody’s motives, but I do think day, in a provision prohibiting the claims that New START is indispensable to there are some serious flaws that lie United States from converting ICBMs reap the ‘‘Reset’’ benefits with Russia. If a not only within the four corners of the or sea-based launchers for missile de- fatally flawed arms control agreement is the treaty text but also speak to the man- fense purposes. Where is the wisdom in price of admission to the Reset game, our Nation is better off if we sit this one out. ner in which this administration has removing such an option from our tool- dealt with Russia. This policy of Rus- kit for the whole life of the treaty? I could not agree more. It is naively sian ‘‘reset’’ has meant that the United Russia must understand that we will optimistic to assume that a world with States is making major concessions, not limit our options for national de- fewer nuclear weapons is the same while our Russian counterparts give up fense based on current plans, ideas, or thing as a safer world. Our security has virtually nothing. technology. Should a breakthrough long depended on a strong and flexible Further, I have serious reservations occur in missile defense technology or deterrent. New threats are constantly about the manner in which the Senate launcher development we cannot have emerging from every corner of the is considering this treaty. This body, already ruled out pursuing new courses globe. This has been recently dem- the Senate, is supposed to be the most of action. onstrated by Iran’s resistance to deliberative body in the world. It is In their attempts to persuade Repub- denuclearization and North Korea’s in- supposed to be a chamber that respects licans to support the treaty, pro- creasingly violent saber rattling. The the rights of the minority. Senators ponents have attempted to invoke the United States must be able to rapidly are supposed to be afforded the right of name of Ronald Reagan. Let’s remem- adapt and respond to new threats to unlimited debate and the right to have ber that over two decades ago, Presi- our security. Now is the time for more their amendments considered. Rushing dent Reagan returned from Iceland and flexible deterrent capability, not less. a treaty of this magnitude through a made the following statement: New START is riddled with U.S. con- lameduck session is not what the While both sides seek reduction in the cessions from which I can see little Founders had in mind when they gave number of nuclear missiles and warheads gain. U.S. leadership in this arena will

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10320 CONGRESSIONAL RECORD — SENATE December 16, 2010 be measured by how well we protect it is $2 million higher than a silo which The first concern I have with respect our ability to defend ourselves and our the military thinks is more effective to going to the START treaty at this friends, not by how quickly we agree to and less expensive to maintain. As time is that we are putting the cart be- an imperfect treaty. Strategic Command General Chilton fore the horse. Our first job needs to be I yield the floor. noted, we also don’t want to force Rus- to ensure that the Federal Government The ACTING PRESIDENT pro tem- sia to make a split-second guess as to doesn’t run out of money at midnight pore. The Senator from Massachusetts. whether a missile that is flying out of on Saturday. Yet the majority leader Mr. KERRY. Madam President, I ask a U.S. silo field is either a missile de- has turned to the START treaty. Why? my colleague from Nevada—he men- fense interceptor which may be aimed I think the obvious—at least one—an- tioned he had some amendments, and at a rogue missile or a nuclear-tipped swer is to divert attention from this we are ready to do amendments. Is he missile aimed at Moscow. That confu- big pile of spending that I am pointing prepared to go forward with his amend- sion is impossible to distinguish unless to, 6,700 earmarks. If we are talking ments? we have a completely separate silo about the START treaty, we are not Mr. ENSIGN. Let me check. field. So converting an old ICBM silo in talking about the Omnibus appropria- Mr. KERRY. Madam President, let a particular field where we can’t distin- tions bill. But the American people are me speak to a couple points the Sen- guish between an interceptor or an talking about government spending. ator from Nevada raised. He talked ICBM actually increases the potential That is what we should be focusing our about the article V ban. I discussed of confusion and threat and possibly a attention on. this a few minutes ago with respect to dangerous mistake and decision. The problem now is that we are on the conversion of ICBM silo launchers. With regard to putting a missile de- the START treaty, and those of us who There is a one-paragraph restraint in fense interceptor in a submarine want to talk about this and want to the treaty with respect to the conver- launch tube, Secretary Gates and Ad- amend it and believe we will be denied sion of those missile defense intercep- miral Mullen both said this is not a the opportunity to do so will be actors. The Foreign Relations Com- cost-effective step, and it presents very cused of not wanting to talk about the mittee, in the course of our hearings, unique operational challenges. We need START treaty because that is what the pressed the administration on this to take these red herrings off the table. majority leader has put on the Senate question very extensively. There were Secretary Gates and Admiral Mullen floor. And he will say: Gee, you have a lot of questions asked by colleagues both noted it would make much more had all this time to talk about it. Why on both sides of the aisle. The record sense to put missile defense intercep- aren’t you talking about it? That is unequivocally counters the argument tors on aegis-capable surface ships, part of what is wrong with the process. just made by the Senator from Nevada. which is what they are doing, and that That is one of the reasons I have been The ban does not prevent us from de- is not constrained by any treaty. There saying you cannot do all these things ploying the most effective missile de- is no constraint whatsoever in our abil- and do them right. fenses possible. I will be specific. ity to go out and do what best meets In addition, the majority leader said We will soon have some 30 missile de- the needs as defined by the military this morning we have other things he fense interceptors in silos in California themselves. wants to consider before Christmas as and Alaska. We are going to have an The bottom line is, article V, para- well. There is no earthly way to do all additional eight extra launchers in graph 3 does not constrain us one iota. this within the time we have. Alaska, if we need them. If we need I yield the floor. Let me mention some of the concerns The ACTING PRESIDENT pro tem- more interceptors, the Missile Defense I will be discussing with respect to the pore. The Senator from Arizona. Agency Director, LTG Patrick Mr. KYL. Madam President, I plan to START treaty. I think one thing you O’Reilly, who was originally appointed speak for about an hour for the benefit have to talk about, first of all, is to that post in the administration of of scheduling, although I will only whether we are going to have sufficient President Bush, told the committee: scratch the surface of what I will have time in order to do what needs to be ‘‘For many different reasons,’’ they to say about this treaty. done to both amend the treaty as well would ‘‘never’’ recommend converting Let me begin by talking about 14 or as the resolution of ratification and de- either ICBM silos or SLBM launchers 15 specific things I intend to cover at bate some of the issues, including the into missile defense interceptor some point when we have time during issue that my colleague from Massa- launchers. this debate and note that there will be chusetts was just talking about. What we are hearing is a completely amendments proposed that deal with Secondly, what were the benefits of red herring argument, sort of throw it many of the items I am going to be the treaty for the United States vis-a- out there and say that somehow this is mentioning. vis Russia? What were the concessions a restraint on missile defense. Why is First, I think it is important for us we made to Russia? What do they get it not a restraint? One reason is cost. It to lay out what some of the concerns out of it? What do we get out of it? My is intriguing to me to hear a lot of col- are. own view is, they got virtually every- leagues raise this particular missile de- This morning when I talked about thing out of it, and I do not know what fense issue in the treaty, when they the fact that the Senate is going to we got out of it, except for the Presi- also raise the issue of the deficit and have to deal with the funding of the dent to say he made another arms con- how much we are spending and how we U.S. Government which expires on mid- trol deal with Russia. should not be spending on things peo- night on Saturday, I noted the fact Third, where will this treaty leave ple don’t want and the military doesn’t that the process the majority leader our nuclear forces, our delivery vehi- want. Here is something the military has invoked, to dual-track or consider cles, and our warheads in terms of the doesn’t want. They don’t want it be- the START treaty along with the Om- deterrent capability not only for the cause the conversion cost of the last nibus appropriations bill, is not a proc- United States but the 31 allies who rely ICBM launcher at Vandenberg into a ess that allows adequate consideration on the U.S. nuclear umbrella? We will missile defense interceptor launcher of either, and the American people sent have cut our forces to the bone. Yet, was about $55 million. a signal in the last election that they interestingly, Russia will not be forced The average cost for a new hardened didn’t want us to continue this waste- to make any reductions at all in these missile defense interceptor silo in a ful Washington spending spree we have delivery vehicles for the nuclear war- new missile field is $36 million. The been on. Yet the Omnibus appropria- heads. reason for that is because the Missile tions bill, which I am not sure I could Fourth—and there has been quite a Defense Agency has developed a small- lift, will do exactly that. bit of discussion in the media about my er, more effective, special purpose silo We ought to be focused on a process work on modernization—where does to meet its needs. by which that can actually be consid- the administration’s modernization The annual operating cost for a sepa- ered with amendments. Under the way plan end up relative to START? The rate converted silo, which is what our the majority leader has outlined our point here is, if you are going to bring colleagues are complaining about, is schedule, that does not appear to be your nuclear warheads down to a bare actually $2 million higher per silo, and possible. minimum number or below that you

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10321 have to make darn sure every single intercontinental ranges, a warhead treaty did not deal with tactical nu- one of them is safe, secure and reliable that is not a nuclear warhead, some- clear weapons, and respected Members and they will do what they are sup- thing which this administration and I of this body, including the Vice Presi- posed to do and everybody needs to think are very important for our future dent of the United States, then a Sen- know that. But all the experts agree ability to deal with rogue states, for ator, made clear that after the last the facilities we have for taking care of example. Nevertheless, contrary to treaty the next item on the agenda had our warheads and maintaining them Congress’s instructions, the adminis- to be to deal with tactical nuclear are inadequate for that purpose, and tration has subjected advanced U.S. weapons. It should have been, but it they have to be modernized. conventional military capabilities to was not done here. Is the process and the amount of limitations in this treaty, and we will Thirteenth—and this deals with some money that has been set aside for that discuss that. of the amendments that are going to be adequate? I will discuss my views on Eight is something else. There are necessary—there is a Commission in that and the questions that remain people who say there is nothing that here that somewhat like previous trea- about critical funding for the mod- stands between us and a nuclear-free ty commissions—it is called the Bilat- ernization of both our nuclear weapons world. It is called zero nuclear, the eral Consultative Commission—and the and the complex necessary to sustain President’s stated goal of a world with- treaty delegates to this Commission them. out nuclear weapons. Some say this the ability, even in secret, to modify Fifth is the administration’s uncer- treaty needs to be adopted, ratified in terms of the treaty—a group of Rus- tain commitment to the nuclear triad. order to permit us then to take the sians and a group of U.S. negotiators. This I find troubling because while next step, which is to achieve that There is some reference in the commit- they have committed to a moderniza- great goal. I submit that goal is nei- tee’s resolution of ratification, but, in tion program, they have not yet com- ther feasible nor desirable, and that to my view, it is inadequate for the Sen- mitted to a program for the moderniza- the extent this treaty is deemed as a ate to be able to react in time to notifi- tion of the three legs of the nuclear stepping stone toward that, it is a bad cation by that Commission of things it triad: the delivery systems, the ICBM step to take. is intending to do in time for the Sen- force, the bomber force, accompanied Moreover, it is an unwelcome distrac- ate to provide its advice and consent, if by cruise missiles and our submarine tion from addressing the true nuclear those are necessary. force. I will be discussing the areas in dangers the President has made very Then, as I mentioned, it is also im- which I think the commitments in that clear are his top priorities; that is, the portant for us to determine how this regard are insufficient and dangerous. dangers of proliferation and terrorism. treaty is distracting attention from Probably most interesting to a lot of Ninth is a question about verifica- what the President has said, and I people in this country, and certainly to tion, something Senator BOND has agree, is our top priority; that is, deal- a lot of our colleagues, is the question talked a great deal about and I am ing with proliferation and terrorism. of what has occurred with respect to going to be speaking some about be- This treaty does not do anything to ad- the relinking of strategic offense and cause of issues that arose during my vance our goals in that respect, and I trip with Senator FEINSTEIN to Geneva defense capabilities. This is the missile think it would be much better if we during the time our negotiators were defense concern. There is significantly could have spent part of the last 2 working on this treaty with their Rus- divergent views between the United years better focusing on the illegal nu- sian counterparts. States and Russia on this question of It is very clear that with lower force clear weapons programs of Iran and what the treaty does or does not do levels, we need better verification. But North Korea and why that should be with respect to missile defense. Both this New START treaty has substan- our top agenda item right now. Those are some of the things I am explicitly and impliedly, there are lim- tially weaker verification provisions going to be talking about. I will not itations on U.S. missile defense activi- than its predecessor, START I. Of have time to deal with all of them dur- ties in the treaty. course, Russia has a history of cheat- On the one hand, the Department of ing this first hour. But let me at least ing on every arms control treaty we Defense has said the United States has have ever entered into with them, briefly talk about the question of ade- plans for developing and deploying mis- which amplifies the concern. quate time. I do not think Senators are sile defense systems that will have ade- There are some comparisons, and I quite aware of some of the procedures quate capability against ICBMs com- would suggest they are false compari- that exist with respect to treaty ratifi- ing, for example, from Iran. If they sons, to the SORT treaty, which is the cation. Because of precedent in the have capability against those missiles, 2002 treaty. It is called the Moscow Senate, when cloture is filed, it will they also have capability against Rus- Treaty; that is, the treaty that deals close off debate both on amendments to sian missiles. with our strategic offensive weapons the treaty and the preamble, as well as On the other hand, the U.S. official after the fall of the Berlin Wall, the amendments to the resolution of ratifi- policy statement that accompanied the fall of the Soviet Union, and the deter- cation. treaty and subsequent briefings from mination by the United States and I think it is important to note there the State Department assures the Rus- Russia both to simply bring down our are amendments that Members, at sians that the United States will not nuclear forces. We did not need any- least on our side, have that go both to deploy defenses that are capable of un- more the nuclear forces that existed the treaty and preamble and also dermining the Russian deterrent. That during the Cold War. amendments that deal with the resolu- is important because of the way the There are some false comparisons tion of ratification. In fact, I think Russians interpret the preamble and there that I think are very important there are many more that deal with other features of the treaty. for us to talk about as it relates to this the latter subject. We are going to have Misunderstanding and conflict be- treaty before us. to be able to deal with both of those tween the parties is thus built into the I think we also need to talk about subject matters. So when Members treaty if the United States intends to the New START and Russian reset. I talk about filing cloture, I think it is deploy more capable missiles either to will talk about that a little bit when I important to realize that would cut off defend Europe or the United States, begin discussing the reasons for trying debate on every additional change, which it is our stated policy to do. So to act so quickly here. But I think it even if we have not been able to com- are we to believe the administration also requires some further discussion plete work on the amendments to the will ever put this treaty at risk over because, frankly, Russia is threatening resolution of ratification. future missile defense plans? That is a a new arms race if the Senate does not Also, I think it should be clear that subject we will be exploring in-depth. ratify this treaty. Is that the reset the there have been numerous letters sent Seventh, the Senate gave advice to President is so fond of talking about, to our leadership in the Senate and to the administration not to limit missile this new wonderful relationship with the committee leadership from Repub- defense or conventional prompt global the Russian Federation? lican Members of the Foreign Rela- strike, which is a capability that would Twelfth, I think we need to talk tions Committee, other Republican permit us to deliver over long ranges, about tactical nuclear weapons. The Senators, the 10 Republican Senators-

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10322 CONGRESSIONAL RECORD — SENATE December 16, 2010 elect, Representatives from the House Every minute that the START Treaty is It does expire on December 5 and in par- Armed Services Committee, and oth- being read on the Senate floor increases the allel, we have a bridging agreement that we ers, indicating this is not the appro- time that we lack verification of Russia’s are also working on with the Russians, so nuclear arsenal. priate time or way to deal with this there is no interruption. The key thing here Well, apart from the fact that he was is verification. We just want to preserve the treaty. verification. Incidentally, I happened to be watch- wrong about the reading of the treaty, So that was the intention. Those of ing Chris Matthews the other night—a he is also wrong about the urgency be- us who expressed concerns about this television program—and Lawrence cause of the lack of verification of the were at least, I think, somewhat mol- Eagleburger, one of the people who sup- Russians. First of all, I am confused by lified, except that when I went to Gene- port the treaty, was asked by Mat- the two main arguments to support the va, what we found was there had been thews what the fuss was about getting treaty. No. 1, we have this wonderful rela- no conversations whatsoever, and it ap- it done now and, among other things, tionship with the Russians that has peared to me—I came back to the floor this is what Lawrence Eagleburger, been reset and we are cooperating on and actually called it malpractice— former Secretary of State, said: all of these things. By the way, we that our negotiators and the Russian They want to do it before these lame can’t trust those guys so we quickly negotiators had not thought about, let duckers are out there. That’s not the way to have to put these verification measures move on this issue. alone begun, to negotiate what kind of in place. There is something that agreement would be put in place in the I agree with that. There are a lot of doesn’t quite connect there as far as I event the treaty expired and nothing serious things to consider, and the rush am concerned. else was in place to provide for verifi- to do all the business this lameduck But I go back to why we don’t have cation. But at least they promised we session has is not the best way to get verification right now. This story re- would have this bridging agreement. that done. minds me a little bit about the trial of Then the administration said—when The chairman of the Foreign Rela- a fellow who killed both of his parents the treaty was signed and the two tions Committee yesterday expressed and then pled for mercy from the court Presidents spoke to the issue—that we the view that we had plenty of time to because he was an orphan. This prob- would continue in the spirit of the pre- do this, comparing the work we have lem of verification was created by the vious treaty so there would be no dif- here to the START I treaty. The administration. It has nothing to do ference in action between the two START I treaty is the predecessor to with action by the Senate, and they countries in whatever time period it this New START treaty, though there have nothing but themselves to blame took for the ratification of the treaty was the intervening 2002 Moscow Trea- for whatever verification procedures to occur by the two countries’ bodies. ty I mentioned before. But just to are not in place. This is a quotation from the statement make two quick points on this: When How did that come about? Well, the of Presidents Medvedev and Obama: we dealt with START I, we did not START treaty had perfectly good veri- We express our commitment as a matter of have all the competing considerations, fication provisions in it that could principle to continue to work together in the the dual tracking with an Omnibus ap- have been continued for another 5 spirit of the START Treaty following its ex- propriations bill and the votes we are years if the United States had taken piration, as well as our firm intention to en- going to have to take on that, as well the view with Russia that that is what sure that a New START Treaty and strategic as the other items the majority leader we should do. But the administration arms enter into force at the earliest possible has mentioned. Secondly, if we are to said, no, we are going to deliver the date. talk about an analogous treaty, the START treaty on time so there won’t It is a complete mystery as to what START treaty was not considered by be any hiatus there, so we don’t need to happened. What happened to the bridg- the Senate until September of 1992, and continue the verification provisions of ing agreement? What happened to this the analogy would be that this treaty START I. spirit of cooperation we were going to before us now would be appropriate to Here is what was said in a joint continue in the spirit of the previous bring to the Senate next May, May of statement between President Barack treaty? We are now told it is an abso- 2011. That is how much time elapsed Obama and Dmitry Medvedev, Presi- lute emergency for the Senate to hurry between the two. dent of the Russian Federation, on up and ratify this treaty because the I am not suggesting we need that April 1 of 2009: Russians might cheat. Nobody has ex- much more time, but I am simply The United States and the Russian Federa- plained what happened here and no- pointing out the fact that it is not tion intend to conclude this agreement before the treaty expires in December. body has explained why it was impor- analogous. Probably a better analogy tant before, but it never got done, and Originally, we had nothing to worry would be the INF Treaty. That is a now we have the emergency. about because the new treaty would be treaty that took the Senate 9 days of There were documents that trickled done by then. It soon became evident floor time. We had no intervening busi- in over time, but one of the things we that wasn’t going to happen, the nego- ness of any kind. There were 20 votes have asked for to try to explain what tiations were dragging, and the treaty happened and what this spirit is that on amendments and plenty of time to would expire. Did this administration the Presidents both talked about was work out consideration of other decide to try to continue the existing the negotiating record. We have abso- amendments. treaty—which it could have done? It So the idea that, well, some treaties just takes the United States and Rus- lutely been denied access to that nego- have not taken that long, therefore, sia agreeing to do it, no Senate action tiating record. The Russians know why can’t we do this one, is a specious required. No, it didn’t do that. what we said and what they said. The argument, and I think when we see the Several of us began to express con- State Department knows what we said serious issues that need to be consid- cerns about this. The Republican rank- and what they said, but Senators who ered, our colleagues will appreciate the ing member of the Senate Foreign Re- are asked to give their advice and con- need to take adequate time on this lations Committee even introduced leg- sent can’t be trusted, I guess, to know agreement. islation to provide the necessary legal what was said between the Russian and One of the curious arguments is, we framework for verification to continue U.S. negotiators. have to do this quickly because the even though the two treaties had Numerous officials of the administra- verification provisions of the prede- lapsed, and I cosponsored that legislation have said there is an urgency to cessor START I treaty have lapsed and, tion. The administration said, well, ratify the treaty because we lack veri- as a result, we have a situation that is what we are going to do is get a bridg- fication measures with Russia. That untenable. As a matter of fact, Robert ing agreement with Russia that will was the statement Senator Clinton Gibbs, the Press Secretary, believing bridge the time between the time made back in August and others have that the Senate yesterday was reading START lapses and the time the new said the same thing. Of course, we do the treaty, which did not happen, nev- treaty is ratified. have some verification, but I don’t ertheless put out a statement, obvi- Michael McFaul, the NSC adviser for want to get into in open session the na- ously prematurely, and one of the Russia, in a press briefing on November tional technical means we have. We things he said was: 15 of 2009 made that point. He said: can discuss that in executive session.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10323 But apart from the mystery about Russia could not have an easier partner on going to be talking about rail mobile this bridging agreement and the com- the topic of nuclear arms than Obama. missiles. What about the United States mitment of the two Presidents, this ur- He is referring to President Obama. in contention? We shouldn’t be talking gency is irrational if we are to believe What exactly did the Russians get about U.S. missile defense. No, that is that we really reset this relationship out of this? Some said, Well, even OK, but we don’t want to talk about with Russia. In fact, administration of- though they are no longer a powerful rail mobile missiles. So the Russians ficials have actually denied that the nation they need the superpower sta- successfully prevented any revisions on emergency exists, a point that has been tus, and entering into a treaty such as that and there is maybe a concern now made by others. Gary Samore, who is this, such as the kinds of treaties that that we made a mistake in not includ- special assistant to the President, said: used to be entered into during the Cold ing that. Obviously, the concession I am not particularly worried near term, War, gives them a feeling of super- makes it much harder to monitor their but over time as the Russians are modern- power status along with the United forces if they go with rail mobile izing their systems and starting to deploy States. So it is important for us to do forces. new systems, the lack of inspections will cre- that. First of all, I am not sure you In addition, we limited the monitors ate much more uncertainty. treat a serious reset partner that way, of missile production at Votkinsk. Absolutely true. I agree with that. but apart from that, obviously, the Votkinsk was the missile production But he is not worried in the near term; Russians felt that if they could nego- facility in Russia that produced many that is to say, within the next few tiate a good treaty with the United of the missiles the Russians used and months. States, it would be to their benefit, and this was required by the START I trea- The Washington Post I thought put it I don’t question their intentions in ty. The Russians didn’t want this any- well. In an editorial they said: doing that. more. I can understand why. If we are But no calamity will befall the United But what we got out of this in terms going to understand what they are pro- States if the Senate does not act this year. of the primary feature of the treaty is ducing in their factory and see what The Cold War threat of the nuclear exchange to reduce the nuclear warheads and de- happens when they roll them outside between Washington and Moscow is, for now, the factory, then we will have a better almost nonexistent. livery vehicles. The delivery vehicles are the most important thing, in my idea of whether they are cheating. The So I don’t think it is a valid argu- Russians said from the very beginning, ment to rush this treaty through in the view. But only the United States reduces its strategic delivery vehicles We are not going to let you do that week before Christmas, that somehow anymore. So they got something very this is an urgent need and that our na- under this New START treaty. The Russians don’t. They currently have important with regard to verification. tional security is threatened if we Again, the argument is we have to do about 560 delivery vehicles. These are don’t do that. I also reject the argu- verification. Understand that verifica- ICBMs, bomber capability, and sub- ment that the only choice for us is this tion in this treaty is much weaker marine capability. The United States treaty or no treaty. Obviously, there than the verification that existed has 856. The treaty takes you down to are other choices. When it comes to under START I and that could have 700 of deployed delivery vehicles. So verification, both countries have the been continued for another 5 years if ability to have agreements with each even under the treaty, Russia can build the administration had taken that po- other that provide for the kind of in- up to that level by adding 140 launchers sition. spection regimes that would be appro- they don’t currently have, while the Very troublesome is a reverse in priate. United States must cut our forces by course by the United States and Russia Let me conclude at this point. Ian 156. One says, Well, why shouldn’t it be both with regard to MIRVing of ICBMs. Kelly, who is a State Department exactly equal? The United States has We have been working against spokesman, made a comment that I obligations beyond those of Russia. MIRVing for a long time and finally think sums it up. He said: Russia has a need to defend its terri- achieved in the last treaty a recogni- Both sides pledge not to take any measures tory. The United States has 31 other tion of the fact that MIRVed missiles; that would undermine the strategic stability countries relying on the U.S. nuclear that is to say, missiles that have nu- that the START has provided during this pe- umbrella. Therefore, the targets we merous warheads on top, are very de- riod between the expiration of the START must hold at risk and the concerns we stabilizing because it creates a situa- treaty and entering into the force of the new have about adequate delivery vehicles tion where you basically have to use treaty, which will take some months. are much different than Russia’s. them or you lose them. If we attack a He is right. But I think the argument Nonetheless, we have agreed to a par- missile silo and kill eight warheads all that the Senate has to act now—right ity number here of 700. So they can at once with one strike, that is a major now—or else our national security is build up to that number; we have to loss. So the idea is that strategic offen- going to be jeopardized by lack of veri- build down. That is not exactly a great sive weapons with those MIRVs on fication is specious, and it certainly victory, in my view. In fact, it is the them need to get off before they are hit raises questions if we are to examine first time since the very disastrous by an incoming missile. Very desta- what the real basis is and what the re- Washington naval treaties with Ger- bilizing. sult of this new reset relationship with many and Japan before World War II So both countries agreed we would Russia is. That is the argument: We that the United States has agreed to move toward a single warhead missile. have to do this now, because otherwise one-sided reductions in military might. Well, in this treaty, that all goes by we won’t be able to verify what the I mentioned the bridging agreement the boards. The United States is going Russians are doing. The other argu- before. Where that fell through the to continue to provide for single war- ment is that we reset our relationship cracks, I don’t know. The administra- heads, but not Russia. In fact, it is be- with Russia and, therefore, if we don’t tion was apparently pushing for it. It lieved that 80 percent of the Russian do this, it will make the Russians mad didn’t get it. We still don’t know what ICBM force in the future will consist of and they will not continue to cooperate happened because we haven’t been MIRVed ICBMs. I don’t know why the with us on important matters they given the record. administration walked back from that. have cooperated with us on. I think it On mobile missiles, this is a matter Again, we don’t know because we don’t is important to both examine that alle- that exercised the Russians when the have the negotiating record. gation as well as the question of what committee dealt with it in a very mod- The SLCM is the submerged launch the two countries got out of this trea- est way in its resolution of ratifica- cruise missile. Now, the START I treaty. tion. You see, the Russians have had ty had a side agreement that limited Let me speak for a moment about rail mobile missile plans and don’t submerged launch cruise missiles. But what the Russians got out of the treaty know exactly what they are going to this new START treaty ends that side and what the United States purport- do in the future with rail mobile, but agreement and says even though the edly gets out of the treaty, most of it when the committee deigned to speak United States is retiring our sub- characterized in this reset language. to this, the Russians reacted like a merged launch cruise missiles, as we Russian politician Sergei Kurginyan scalded dog: Well, we recommend the intended to do under START I, it ap- said: Duma not approve the treaty if we are pears that Russia is developing a new

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10324 CONGRESSIONAL RECORD — SENATE December 16, 2010 version of such a missile, with a range start—but it makes sense to have a ing the joint statement the two Presi- of up to approximately 5,000 kilo- conventional capability to do this. dents put together in working together meters, which is a longer range than The Russians have fought that. It is in the spirit of START I, the inspec- some ballistic missiles covered by the a little unclear why, since it would to- tions are significantly weaker, as I treaty. tally be aimed at other countries, cer- said. Again, why do we allow a relinkage tainly not Russia. In a treaty nomi- I will quote Senator BOND. He said: of a subject as important to us as mis- nally about nuclear weapons, we have a The administration’s new START Treaty sile defense with strategic arms limita- specific limitation on the U.S. plans for has been oversold and overhyped. If we can- tions and yet not limit rail mobile, conventional prompt global strike. It not verify that the Russians are complying SLCMs, and so on? It is a very lopsided would limit the capability we are seek- with each of the treaty’s three central lim- result in the negotiations, it seems to ing to address WMD and terrorist its, then we have no way of knowing whether me. threats by requiring that any such mis- we are more secure or not. There is no doubt I mentioned missile defense. Russia siles be counted against the already- in my mind that the United States cannot not only achieved a recognition of its too-low limit of 700 missiles for deliv- reliably verify the treaty’s 1,550 limit on de- position that missile defense is related ery of nuclear warheads. ployed warheads. to strategic offensive systems in the Let’s say we were going to deploy 24 Senator BOND is exactly right. We preamble of this treaty, but it nego- of these missiles—to decide a number. will discuss some of that in open ses- tiated limitations on U.S. missile de- That means you have to reduce the 700 sion and the rest of it in closed session. fense in article V. Importantly, it by 24. That provides a huge disincen- I will conclude this point by noting added some what I will call ‘‘bullying’’ tive to deploying these conventional that the Vice President and others language in the unilateral statement prompt global strike missiles and a have also suggested that this treaty is accompanying the treaty. These dangerous reduction from a negotiated important for the United States be- achievements came after the U.S. gave 700 launcher limit in the treaty. cause it is a valuable part of the so- away ground-based European systems I am not going to get deeply into in- called reset relationship with the Rus- and promised the Senate there would spections and verifications. That will sians. be no treaty limitations on defensive have to be dealt with in executive I have to ask several questions about missiles. closed session where we can discuss this. Why have we assumed this has Missile defense targets is another classified matters. Suffice it to say been such a great success? area in which the U.S. gave ground. here, in discussing the disparity be- My colleague, Senator DURBIN, for There is ambiguous treaty language tween what the Russians got and what example, stated a couple of weeks ago which I believe will constrain U.S. abil- we got, in a number of inspections this that we need Russia’s help in dealing ity to maximize the affordability of new treaty cuts the number of inspec- with Iran because that nation is about our missile defense targets. We are not tions by more than half compared to to bring online a new nuclear power- going to be able to reuse old targets. START I. Telemetry is a big issue the U.S. plant. I remind everybody that Russia Part of the problem is that none of built and fueled that powerplant for fought hard on but apparently caved the inspections that are permitted will on. We don’t have the record, so we Iran. So that is a great benefit to this ever enable us to have a good sense of reset relationship. don’t know what kind of quid pro quo the total number of warheads. So that We will have more to say about that could have been gotten for this. Under is different from the START I treaty. as well. I will conclude this part by START I, one of the most valuable col- We are never going to be able to mon- quoting from Dr. Henry Kissinger, who lection methods was the unencrypted itor, under this treaty, whether the believes the treaty should be ratified. telemetry from missile tests by the Russians are complying with the over- He said: Russians. They got that from our mis- all limit on warheads. Again, we will sile tests. We both knew the capability have to get more into that in executive The argument for this treaty is not to pla- of each other’s missiles. In a sense, session. cate Russia. That is not the reason to ap- that is stabilizing. But under New I talked about tactical nukes. I men- prove this treaty. Under no condition should a treaty be made as a favor to another coun- START, which is supposed to be im- tioned the fact that when he was a Sen- proving the situation with regard to try, or to make another country feel better. ator, Vice President BIDEN made re- It has to be perceived to be in the American certainty, unencrypted data from al- marks during ratification of the 2002 national interest. most every ballistic missile flight will Moscow Treaty. He said: be not subject to sharing with the So what are the two big arguments After entry into force of the Moscow Trea- for the treaty? We have to get this ver- other side. At best, five flights a year ty, getting a handle on Russian tactical nu- will be shared. But Russia can choose clear weapons must be a top arms control ification regime in place because the to never share flight test data from and nonproliferation objective of the United Russians may cheat. Well, I guess they new missiles they are currently devel- States Government. are our new best friends and we have to oping and testing. They can say here is Well, here it is 8 years later, and not keep it that way or else they will get data from five tests of old missiles, but only is there no further progress to- mad. Dr. Kissinger wrote before about they don’t have to share data as to any ward that—and I agree with the Vice this matter of what should motivate us of their new missiles. None of our intel- President—but this treaty, at the in- to do an arms control treaty. He said ligence people will tell you that is an sistence of the Russians, has not one every arms control treaty has to be improvement or a good situation. word about tactical nuclear weapons. I justified within its own four corners. Here is another disparity in the trea- will be discussing that in more detail You can never say a reason to do it is ty: conventional prompt global strike. later on. I just mention it here to illus- to make the other country feel better Remember I mentioned the Russian po- trate yet another area where it seems or to gain some kind of leverage with tential plans for rail mobile or cruise to me there is a great disparity. the other country or to gain its co- missile submarine launch. I think the I didn’t count up all of these things, operation in some way. A, it is illegit- United States has a very good idea but there have to be 10 or 12 areas in imate; and, B, it doesn’t work. He made about moving forward with something which the Russians have gotten very that point precisely with respect to we call conventional prompt global much what they bargained for. The this. He is saying that is not a reason strike. It is not even a nuclear pro- question is, What did we get? to endorse this treaty. gram. It is a sensible way to deal with We are told that we benefit for the I conclude that the two big argu- some of the emerging threats around following reasons: We can resume in- ments are not arguments at all, and, in the world today, where we may have a spections in Russia. As I said, we could point of fact, the Russians got a lot need, in a very quick time and over a have done that by extending the more out of this treaty than the United long distance, to send a conventional START I treaty. That is a problem of States ever would. warhead to a country. We may not our own making. By allowing that to I spoke a little bit about the treaty want to have to send a nuclear war- expire and not renewing or putting into limits because this is the central idea head—Heaven knows what that would place a bridging agreement or enforc- of the treaty—to reduce the number of

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10325 warheads and delivery vehicles. I want- We believe his statement is correct. I tions. And so that’s how we moved forward. ed to discuss that in this context beam worried that we have gotten very . . . The only assumptions we had to make cause there are a lot of people who be- close to the line. Nothing has changed with regard to the new NPR, which was, of lieve—and I certainly understand the course, in development in parallel at the since 2008 except that the Chinese have time [with the START treaty] was that there argument—that it seems like a good been working hard at their moderniza- would be no request for increase in forces. idea if both countries are reducing nu- tion. That is when the Bush adminis- And there was also an assumption that I clear weapons forces and warheads. tration testified that the current think is valid, and that is that the Russians That was exactly the theory under the level—the levels we have today, not the in the post-negotiation time period would be Moscow Treaty of 2002. We didn’t need levels we are going down to—were nec- compliant with the treaty. that many warheads and delivery vehi- essary for deterrence. He assumes they are going to be, in cles. I could quote from Secretary Bodman other words. But those are the two as- The United States said: We are just and Secretary Gates who spoke to that sumptions on which we had to base a going to reduce ours; and Russia said: issue in September of 2008 to make that reduction down to this level. I think We have to reduce ours, too, so why point. General Cartwright, Vice Chair- Senators should ask themselves wheth- don’t we have a treaty. The United man of the Joint Chiefs, who supports er they agree with these assessments in States said: We can have one, but we the treaty, testified that in 2009 he light of the facts that Russia does con- don’t need one; we are going to do this would be concerned about having fewer tinue to modernize its force, as does out of our own best interests because it than 800 delivery vehicles. I am China; that more nuclear forces in costs a lot of money. As a favor to Rus- quoting: those countries necessarily means sia, we said: If you want to do a treaty, From about 1,100 down to about 500—500 more potential targets for the United fine, but we will not make any conces- being principally where the Russians would States to hold at risk; and that Russia sions to do it. like to be, and 1,100 being principally where has violated practically every arms Now we are cutting into the bone and we would like to be, now the negotiation control treaty it signed with the getting the level of delivery vehicles starts. I would be very concerned if we got United States; and taking into account down to 700 could jeopardize our ability down below those levels, about midpoint. what hangs in the balance—the com- to carry out our missions. That is my Secretary Schlesinger said: mitment of the United States not only assertion. There are experts in the ad- As to the stated context of strategic nu- to our 31 allies and the nuclear um- ministration who have briefed us, who clear weapons, the numbers specified are brella we have but also the protection can show exactly where the targets adequate, though barely so. of the United States with our nuclear are, where our missiles are, how many Those are the views of experts. deterrent. We have little to gain and we would need, and so on. They say ac- Dr. Kissinger, who testified in sup- much to lose if we can’t be certain the tually we still have enough to do the port of the treaty, said this: numbers in New START are adequate. job. [T]he numbers of American and Russian Let me conclude this point by talk- I am willing to accept their, first of strategic warheads and delivery systems ing about some counting rules. This is all, patriotic motivations, expertise, have been radically reduced and are ap- a little esoteric and gets down into the proaching levels where the arsenals of other and judgment on this issue. But I also weeds, but it is important to under- note that when you read all of the countries will bear on a strategic balance, as will tactical nuclear weapons, particularly stand in the context of what I am talk- statements that all of them made, they given the great asymmetry in their numbers ing about. appreciate that this is it—this is the in Russia’s favor. Under the treaty, strategic stability limit beyond which we don’t dare go. It There are two things he is talking may be weakened because there is not rests upon several assumptions, includ- about. First, as Russia and the United a specified loadout of reentry vehicles ing the assumptions that the Russians States bring our forces down, there is a per missile. That is what we used to are never going to break out or cheat. certain point—I am not suggesting we have. The counting rules in the treaty It rests on the assumption that we are there yet, but there is a certain present opportunities for allowable don’t have new targets that we have to point that countries, such as China, for cheating that the United States is not worry about. example, can say: Wait a minute, there likely to pursue—in fact, I would say I suggest, especially with respect to is now not that much difference be- we will not pursue—but which could the Chinese development and mod- tween where Russia and China are— give Russia an advantage. ernization of its nuclear force, and the Russia and the United States are and While the United States improves role it is beginning to play in the world where we are, and therefore, if we just stability in our ICBM force by elimi- militarily, it is not necessarily a valid build ours up somewhat, we can be at nating the MIRVing I talked about be- assumption that the targets that ex- virtual parity with Russia and the fore, Russia will become more reliant isted during the Cold War are all that United States, and, voila, instead of on MIRVed ICBMs, and, again, that is we will ever have to worry about. destabilizing because it encourages Let me talk briefly about this matter having two powers with a large number of nuclear warheads, you then have first-strike planning for fixed silo of how we have brought down the num- weapons—the ‘‘use it or lose it’’ prob- ber of warheads and missiles, and why three. So there is an incentive for countries like that to build up once we lem. it is not necessarily the great thing The Chairman of our Joint Chiefs of that the proponents are cracking it up get down to a certain point. The other point he makes is with re- Staff, Admiral Mullen, said: to be. The first point I will reiterate: spect to tactical weapons. Tactical The United States will ‘‘de-MIRV’’ the We did all the giving; they did the tak- does not really relate to the amount of Minuteman III ICBM force to a single war- ing. We have to reduce the number of head to enhance the stability of the nuclear boom the weapon makes, its destruc- our delivery vehicles, and they can ac- balance. tive capabilities, so much as the deliv- tually build up theirs. So why would we, then, encourage ery vehicle it is on. The Russians have At the signing of the treaty, Russia the Russians to go exactly the opposite a significant advantage in that, as Sec- had a total of 640 strategic delivery ve- direction in this treaty? hicles, with only 571 of them deployed. retary Kissinger pointed out. So there Let me quote again. This is from a That is according to the Moscow de- is an asymmetry that exists both with Russian forces blog, November 30, 2010: respect to warheads and delivery vehi- fense briefing in 2010 about their mis- The commander of the Strategic Rocket siles and delivery vehicles. Aleksey cles. Forces, Lt.-General Sergei Karakayev, an- General Chilton, when he talked Arbatov, a former deputy chairman of nounced today that all new mobile Topol-M about support for New START, predi- the Duma Defense Committee said: missiles will carry multiple warheads. This cated it on no Russian cheating or modification of the missile is officially The new treaty is an agreement reducing known as the Yars or RS–24. The first three the American and not the Russian strategic changes in the geopolitical environ- RS–24 missiles were deployed in Teykovo nuclear forces. In fact, the latter will be re- ment. I would like to read his earlier this year. duced in any case because of the mass re- quotation. He said: moval from the order of battle of obsolete It was decided . . . we would just fix that That is what I was referring to be- arms and the one-time introduction of new [Presidential guidance] for our analysis of fore, and that promotes strategic insta- systems. the force structure for the START negotia- bility, not stability.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10326 CONGRESSIONAL RECORD — SENATE December 16, 2010 Finally, due to the bomber account- sion, before offering such an amend- tion. My colleague and friend, Senator ing rules, at least one Russian military ment, to appreciate why we believe KERRY, has been very helpful, I might commentator has noted: such an amendment would be impor- say, in occasionally restarting those Under the treaty, one nuclear warhead will tant. conversations when they got bogged be counted for each deployed heavy bomber As my colleague well knows, there is down a little bit and was helpful—and which can carry 12 to 234 missiles or bombs a great deal that can be said about I specifically have complimented him depending on its type. Consequently, Russia this. I am trying to say it in as suc- before and will do it again—in ensuring will retain 2,100 warheads. cinct a form as I can. that the President’s increase in the Might I inquire how close I am to Mr. KERRY. I appreciate it. budget for our nuclear modernization using the 60 minutes I had intended to Mr. KYL. But there is a great deal of program that was in his budget this speak? discussion that needs to occur for a year will actually be carried out in the The ACTING PRESIDENT pro tem- predicate for the amendments we in- funding the Congress does. We had to pore. The Senator has about 10 minutes tend to offer. do a continuing resolution back in Sep- remaining on the hour he asked for, Mr. KERRY. Madam President, I tember, and I think it was largely due but there is no time limit. completely respect what the Senator to Senator KERRY’s efforts that that Mr. KYL. I appreciate that there is from Arizona has just said, and we ob- funding was included. no time limit on my speaking and I ap- viously want to give him time to lay I just note that we have had a lot of preciate there is no time limit on my any predicate to whatever he may per- concern back and forth about whether time, but I have an engagement at ceive to be a flaw. For instance, as he there is a real commitment to get that noon and, second, I did not want to be raises the question about the MIRVing, done over the years. Obviously, both of out here on the floor talking for too as he just did—and later, I will go us appreciate the fact that no one can long. through each of these points—but the guarantee anything, but there is a cer- The ACTING PRESIDENT pro tem- fact is, the reason the Russians are tain amount of good will and commit- pore. The Senator from Massachusetts. MIRVing—which we all understand, ment involved here, and certainly the Mr. KERRY. I wish to ask the Sen- and there are plenty of letters from the administration needs to be very ac- ator, if I can—I don’t want to interrupt Strategic Command and elsewhere that tively involved in ensuring that the him, but I wanted to inquire, get a will articulate the way in which they funding required for its modernization sense here—I appreciate a lot of the do not see that as a threat—the reason program actually comes to pass. comments he has made. First of all, let they MIRV is because they cannot af- I note that the continuing resolution me say that I have appreciated work- ford to do some of the other things as passed by the House of Representa- ing very closely with Senator KYL on with respect to the numbers of mis- tives unfortunately conditioned this this for months now. We have had an siles, so they put more warheads on funding Senator KERRY and I were re- enormous amount of dialog; we have one missile. sponsible for—conditioned it on the had a lot of meetings; we have gone We have preserved a very significant ratification of the START treaty, say- back and forth. I think he would agree breakout capacity here. As General ing: If you don’t ratify the treaty, you that we have tried very hard and in Chilton and others will point out, it is are not going to get the money. Thank- good faith to address many of the con- not a flaw at all. It is actually an ad- fully, a couple of administration offi- cerns he has raised, notwithstanding vantage which is maintained in this cials relatively quickly pushed back on the ones he just raised in his speech, treaty for the American strategic pos- that and said: No, that is not right. many of which I will speak to as we go ture. I will go into that later. What the The treaty stands on its own, and the along. Senator describes as a flaw from his modernization program stands on its But I would like to sort of get a sense point of view I think the record will own, and this funding is necessary. from him. He mentioned amendments, well state is sort of a preserved Amer- That is the kind of pushback on what others have, but we are now almost at ican advantage. might otherwise be rather petty poli- lunchtime, and we don’t have an That said, I respect, obviously—we tics that is going to be required by all amendment. I would like to get a sense want to get this joined. I think what of us who understand that moderniza- of when we might anticipate really the Senator has just laid out is very tion is critical in the future. being able to do the business on the helpful. It will help us join the debate. With that belief predicate, let me treaty. But I do want to impress that the soon- state what the problem has been and Mr. KYL. I will be happy to respond. er we can get to some of these amend- generally how we went about trying to Part of the business of the Senate on ments, the more we can really discover correct or solve the problem. the treaty is to expose its flaws and to whether something is, in fact, a flaw or The United States, believe it or not— have a robust debate about those flaws, is not a flaw and has been adequately and this is the fault of Republican and which can provide the foundation for answered. Democratic administrations and Re- amendments which we intend to offer. Mr. KYL. I appreciate my colleague’s publican and Democratic Members of I was struck by the seriousness and comment. I note that I think the rea- Congress—it is a negligence, I would importance, at least in my mind, of the son the Russians are going to MIRVing say a gross negligence on all of our two-page list of amendments my staff is—at least the primary reason is ex- parts. I take some of the blame for not acquired from colleagues. As my col- actly as Senator KERRY has stated. having yelled about this more than I league knows, we actually shared a list They have financial limitations on have. But at the same time that every of 10 or 12 amendments that I had what they can do here, but I don’t other nuclear power is modernizing its thought about, and actually some of think one can deny that the result of it forces, both its facilities and its capa- my colleagues—in fact, we had a cou- is strategic instability compared to bility to maintain its weapons, its ple-of-hour conversation about that moving toward a single warhead mis- weapons, and, in the case of the Rus- one morning to see if we could reach sile, such as the United States has been sians and the Chinese, their delivery agreement on any of them, which we doing and will continue to do. systems as well—while every one of were not able to do. But there are some What I wanted to do in this segment them has a capacity to do that, to ac- very serious amendments, most of of my remarks before I conclude—and I tually produce a warhead to put back which go to the resolution of ratifica- will advise my colleagues that the next into production when one comes out of tion, and a few go to the treaty or the thing I intend to be talking about is production, the United States does not. preamble itself. the administration’s commitment to The country that literally invented I note that yesterday my colleague the nuclear triad, but I don’t think I these weapons with the Manhattan said—I think I am quoting him cor- am going to have time to get to that. Project is still using Manhattan rectly—‘‘Make no mistake, we will not I would like to conclude now with some Project—that is 1942, in case you have allow an amendment to the treaty or comments about modernization. forgotten—era buildings to take care of the preamble.’’ Maybe there are the It has been well known that I have these most sophisticated weapons. If votes to not allow that. But I do think been involved in negotiations with the you were to liken it to a car, it would it is important for us, in this discus- administration regarding moderniza- be like a Ferrari race car or Formula 1

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10327 race car, highly technical—I don’t the number of weapons in our stockpile with- pension liability that would have to be think you would want to refurbish out either resorting to testing our stockpile dealt with in order for the scientists to those in somebody’s old backyard ga- or pursuing a modernization program. continue to work. I will not go into the rage. That was pretty much the genesis, quotations here. Vice President BIDEN The bottom line is that these facili- that and the so-called Perry-Schles- acknowledged the same thing in a ties have to be brought up to modern inger Commission, which ran the red statement he made. I appreciate the standards to be able to modernize our flag up the flagpole to get this program fact that, by the way, they com- weapons over time. Why do the weap- moving. So in fiscal year 2010, the plimented our work and our staff for ons have to be modernized? Generally Obama administration devoted $6.4 bil- pointing out a lot of these things, speaking, these are weapons that were lion to nuclear weapon activities, but which were the bases then for the ad- designed in the 1970s, built in the 1980s, it has acknowledged that that is a loss ministration coming back and doing an and built to last 10 years. Do the math. of purchasing power of about 20 per- update to the 1251 plan, which at least We are still relying on those weapons. cent, from 2005—this is by the adminis- incorporated funding for some of the What we found, even though we have tration’s own calculations. So we knew items we had talked about. cut way back on the funding for what from the very beginning there was not There has been some talk about an we call surveillance—that is to say, enough money in the plan to get the additional $4.1 billion, and I know Sen- taking a look at several of these weap- job done. ator KERRY will confirm this. It grates ons every year, taking the skin off, In December, a year ago, 41 Sen- on me, and I am sure it does on him as looking down inside, seeing what is ators—this is before Scott Brown, I well, to hear people referring to this in rusty and what is loose and so on, to might add, joined us—wrote a letter to negotiation terms: Well, they gave KYL use an analogy to a car maybe—what the President stating: another $4.1 billion. That should be we found is that there are significant Funding for such a modernization program enough. issues with these weapons that need to beginning in earnest in your FY 11 budget is That is not the point here. This is an be addressed if our commanders and needed as the U.S. considers the further nu- ongoing, evolving process. The admin- labs are to continue to be able to se- clear weapon reductions proposed in the istration has also identified about an- cure them as safe, secure, and reliable, START follow-on negotiations. other $2 billion likely to have to be as they must. To make a long story short, the ad- spent within 6 years, but they were So we need the facilities in which to ministration had a 10-year plan in only looking at a 5-year process, so bring these sophisticated weapons in, place that was becoming pretty appar- that $4 billion pertains to 5 years. My take them apart, make sure they are ent would not be adequate. That 10- guess is, there will be another $6 billion put back together properly with all the year plan called for about $7 billion a over the last 5 years, and we will ulti- requisite either new parts or reused year over 10 years, to basically operate mately look at about $20 billion, more parts or whatever is necessary to con- the facilities. I have said, it is like the or less. tinue to allow them to work and get money to keep the lights on, but not The point is, I did not believe the ad- them back into production. money for this new modernization of ministration had been sufficiently The timeline on this is more than our nuclear warheads or most of it careful in defining the requirements critical. Suffice it to say in this open would not have gone to that. and identifying the amount of money session of Congress that we dare not They realized they needed about $10 that would be needed. I have said to waste any more time at all. I think billion, at least according to their ini- many people, including my colleague that is one of the reasons why the tial calculations. They got about half Senator KERRY, we better not under- President’s advisers from the labora- of that from the Defense Department, estimate this for the appropriations tories and the Department of Defense the other half they figured they would Members of Congress. We better let and Energy presented this to the Presi- get from savings from recalculating in- them know upfront, this is going to be dent and his nuclear posture review. In terest costs in the latter years of the pretty costly, and get that out on the the modernization plan he developed, budget. So they added a $10 billion slug table. there is a very firm commitment on his onto the $70 billion that was already To their credit, the administration part to move forward with this, be- budgeted for general operation of the has now put out new figures. As I will cause no time can be wasted. system, and said that is our $80 billion discuss in more detail later, but to To give you one illustration, when we modernization program. But based summarize here, while that is a big left one of the facilities we had exam- upon work that had done by labora- step forward and very welcome, and I ined—we have been to each of these fa- tories earlier, by other study groups will support it all, there are other cilities and we have talked to the peo- and so on, a lot of experts agreed, in- things that need to be done. One of the ple there, and we were given a little cluding all of the former lab directors, biggest concerns I have is that it souvenir from one of them. It is en- that that slug of $10 billion would achieves this objective in part by sim- cased in plastic, a little vacuum tube. never be adequate for the costly items ply extending the date to complete It is a vacuum tube such as those that that needed to be performed over the these two big facilities I mentioned by came out of our black-and-white TVs next decade. Most of us estimated it to another 2 years. They would not be back in the 1960s, I guess. It is still be about double that cost or about $20 complete until 2023 for one and 2024 for being used in a component of one of our billion. I think that is essentially the other one. weapons, and they are replacing it with where we are going to end up, by the That has the advantage of getting circuit boards, of course. way. them outside the 10-year budget win- That is the kind of thing that needs In any event, the two biggest drivers dow, so you do not count any new to be modernized in these weapons. So are two new buildings, facilities that money, but it extends the time by what is it going to take to do it? Well, have to be built, one for plutonium which these facilities can be done. And the Congress, understanding that we work at Los Alamos Lab in New Mex- every year we were told it is about a had to get about this, in the last De- ico, the other for uranium work at the $200 million expense to keep the exist- fense bill put in a requirement that the so-called Y–12 plant at Oak Ridge, TN. ing facilities operating. President prepare a plan. It is named Those two buildings alone could end up So we are losing a lot of money every after the section of the bill, which was costing over $10 billion. As a result, as year that we do not get these two new 1251. That section of the bill now is the I said, we went to the administration buildings constructed so we can move nomenclature for the plan, the 1251 and said, we appreciate this moderniza- into them and get the modernization plan for modernizing our forces. tion plan, but you need to update the done. That is the biggest concern I This followed a speech Secretary plan and incorporate a lot of new costs. have. I will talk about some others Gates made. Let me quote from the We showed them a lot of areas in later. speech and then get into a little bit of which there were deficiencies, includ- But let me conclude here with a cou- the detail here. He said: ing deferred maintenance that had to ple of quotations that I think illustrate To be blunt, there is absolutely no way we be performed. We even pointed out the importance of doing what we need can maintain a credible deterrent and reduce there was a billion-dollar unfunded to do here.

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In particular, we are Dr. George Miller: ‘‘In my opinion, there is are essential, irrespective of whether or not pleased because it clearly responds to many no ‘fat’ in the program of work that has been the START treaty is ratified. of the concerns that we and others have planned and, in fact, significant risks exist; voiced in the past about potential future- therefore, there is no room for error.’’ 49 He and I think all of us agree, it is year funding shortfalls, and it substantially Secretary Schlesinger: ‘‘I believe that it is even more important if we go down to reduces risks to the overall program. We be- immensely important for the Senate to en- the lower numbers in the START trea- lieve that, if enacted, the added funding out- sure, what the Administration has stated as ty. But this is important either way. I lined in the Section 1251 Report update—for its intent, i.e., that there be a robust plan note that former Energy Secretary enhanced surveillance, pensions, facility with a continuation of its support over the Spence Abraham wrote a column in construction and Readiness in Technical full ten years, before it proceeds to ratify Weekly Standard recently that made Base and Facilities among other programs— this START follow on treaty.’’ 50 the same point, that regardless of what would establish a workable funding level for Secretary Baker: ‘‘Because our security is based upon the safety and reliability of our is done on the START treaty, this a balanced program that sustains the science, technology and engineering base. In nuclear weapons, it is important that our modernization needs to move forward. summary, we believe the proposed budgets government budget enough money to guar- I made the point earlier about how provided adequate support to sustain the antee that those weapons can carry out their the House Democrats conditioned the safety, security, reliability and effectiveness mission.’’ 51 funding on ratification of START. I of America’s nuclear deterrent within the Secretary Kissinger: ‘‘As part of a number hope in the comments that are made limit of 1,550 deployed strategic warheads es- of recommendations, my colleagues, Bill on the floor here, it may be the subject tablished by the new START Treaty with Perry, George Shultz, Sam Nunn, and I have of an—in fact, it probably will be the adequate confidence and acceptable risk. called for significant investment in a re- subject of at least one amendment to I think it is very important to sort of paired and modernized nuclear weapons infrastructure and added resources for the the resolution of ratification. But this do that. I would think we have ade- three national laboratories.’’ 52 is a place where the debate we have, quately addressed it, because there is Under Secretary Joseph: ‘‘New START the comments we make, may be as im- also language in the resolution of rati- must be assessed in the context of a robust portant as an amendment, because it is fication that embraces the moderniza- commitment to maintain the necessary nu- a statement of our intention as Sen- tion component. So I thank the Sen- clear offensive capabilities required to meet ators. I think you will find that repub- ator from Arizona. I think that has today’s threats and those that may emerge lican Senators who support the START been a constructive component to help- . . . This is a long-term commitment, not a 53 treaty, and I am sure Democratic Sen- ing us to be in a position to be able to one-year budget bump-up.’’ ators who support the START treaty, Under Secretary Edelman: ‘‘a modernized ratify the treaty. nuclear force is going to be essential to that. will all say, one of the things that has Mr. KYL. Madam President, I appre- As Secretary Gates suggested in October to happen is the modernization of our ciate my colleague’s comments. Rather 2008, it’s a sine qua non for maintaining nu- facilities, along the lines of this up- than read the remainder of this, I ask clear deterrents.’’ 54 dated 1251 plan, and the statements unanimous consent that at the conclu- Secretary Gates: ‘‘I see this treaty as a ve- that the administration, as well as we, sion of my remarks here there will be hicle to finally be able to get what we need have made. additional quotations on the need for in the way of modernization that we have Mr. KERRY. Madam President, modernization by former lab directors been unable to get otherwise.’’ ‘‘We are es- would the Senator yield? sentially the only nuclear power in the world Dr. Miller, Secretary Schlesinger, and that is not carrying out these kinds of mod- Mr. KYL. I will yield. several others. 55 Mr. KERRY. I want to compliment ernization programs.’’ I would conclude by emphasizing Secretary Gates: ‘‘This calls for a reinvigo- the Senator, and confirm on the record what the lab directors also emphasized ration of our nuclear weapons complex that that Senator KYL indeed brought to in this correspondence. ‘‘As we empha- is our infrastructure and our science tech- the attention of the administration sized in our testimonies, implementa- nology and engineering base. And I might and to all of us several points which tion of the future vision of the nuclear just add, I’ve been up here for the last four the laboratory chiefs agreed were in de- deterrent will require sustained atten- springs trying to get money for this and this is the first time I think I’ve got a fair shot ficiency. And he is absolutely correct, tion and continued refinement.’’ that while it is not directly within the of actually getting money for our nuclear ar- The outyears are very important. senal.’’ 56 four corners of the treaty, the mod- That is why the record we create in ernization, per se, obviously if you con- NNSA Administrator Thomas D’Agostino: this debate is important to ensuring ‘‘The B61 warhead is one of our oldest war- template reductions, you have to also that those who come after us will ap- heads in the stockpile from a design stand- be able to understand you are main- preciate our intentions as we move for- point. And actually warheads [are] in the taining the capacity of your existing ward here that we never again take our stockpile . . . that have vacuum tubes . . . force. Senator KYL has been diligent in We can’t continue to operate in this manner eye off the ball and allow the deteriora- pursuing that. where we’re replacing things with vacuum I also applaud the administration for tion in our nuclear forces to occur, as tubes. Neutron generators and power sup- responding, and I think he would too, we have, so we can continue to support plies and the radar essentially are compo- and acknowledging that. So he is cor- them as called for in this moderniza- nents that have to be addressed in this war- rect, that I think this part of the tion plan. I will ask unanimous consent head. Also I think importantly this warhead, the work on this warhead, will provide our record is an important one. We have to have those printed in the RECORD at this point, and then make the remain- first real opportunity to actually increase met separately with Senator INOUYE, der of the statement at another time the safety and security of that warhead for with Senator FEINSTEIN, and they have when I have not taken up all of my col- 21st century safety and security into that agreed with Senator KYL, that they ac- warhead. So when we work on warheads from cept the need to continue down to the leagues’ time. now on I’d like to be in the position of say- levels that the administration has put There being no objection, the mate- ing we made it safer, we made it more se- on the table, and they are committed rial was ordered to be printed in the cure, we increased the reliability to ensure to doing that. RECORD, as follows: that we would stay very far away from ever 57 That said, let me also place in the ADDITIONAL QUOTES ON MODERNIZATION having to conduct an underground test.’’ RECORD a letter from our three labora- Former laboratory directors: ‘‘However, we ENDNOTES tory leaders, Dr. George Miller at Law- believe there are serious shortfalls in stock- 47 ‘‘Harold Agnew et al., Letter from 10 rence Livermore, Dr. Michael pile surveillance activities, personnel, infra- Former National Laboratory Directors to Anastasio, who was just referred to at structure, and the basic sciences necessary Secretary of Defense Robert Gates and Sec- Los Alamos, and Dr. Paul Hommert at to recover from the successive budget reduc- retary of Energy Steven Chu. May 19, 2010. tions of the last five years.’’ 47 48 Dr. Michael It Anastasio, Director, Los Sandia. I will read the relevant por- Dr. Michael Anastasio: ‘‘I fear that some Alamos National Laboratory, Testimony to tion. I will put the whole thing in the may perceive that the FY11 budget request the Senate Armed Services Committee, July RECORD. But here is what they say: meets all of the necessary commitments for 15, 2010. We are very pleased by the update to the the program . . . I am concerned that in the 49 Dr. George Miller, Director, Lawrence Section 1251 Report, as it would enable the Administration’s Section 1251 report, much Livermore National Laboratory, Testimony

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(U) The Chairman of the Joint Chiefs of Ted Warner, the representative of the 52 Secretary Henry Kissinger, Testimony to Staff, the Joint Chiefs, the Commander, U.S. Secretary of Defense to the negotia- the Senate Foreign Relations Committee. Strategic Command, and I assess that Russia tion, testified in the Foreign Relations May 25, 2010. will not be able to achieve militarily signifi- Committee, saying we agreed to a re- 53 Under Secretary Robert Joseph, Testi- cant cheating or breakout under New gime whereby conventionally armed mony to the Senate Foreign Relations Com- START, due to both the New START ICBMs or SLBMs—for the folks who mittee. June 24, 2010. verification regime and the inherent surviv- 54 Under Secretary Eric Edelman, Testi- don’t follow this, those are the inter- ability and flexibility of the planned U.S. continental ballistic missiles or sub- mony to the Senate Foreign Relations Com- strategic force structure. Additional Russian mittee. June 24, 2010. warheads above the New START limits marine-launched ballistic missiles— 55 Secretary Robert Gates, Testimony to would have little or no effect on the U.S. as- would be permitted. But, yes, they did the Senate Armed Services Committee. June sured second-strike capabilities that under- agree to count them under the stra- 17, 2010. write stable deterrence. U.S. strategic sub- tegic delivery vehicle and strategic 56 Secretary Robert Gates, Testimony to marines (SSBNs) at sea, and any alert heavy warhead ceilings. Senator KYL sees the Senate Armed Services Committee. June bombers will remain survivable irrespective that as a problem. All of our folks who 17, 2010. of the numbers of Russian warheads, and the 57 NNSA Administrator Thomas negotiated this treaty and our military survivability of U.S. inter-continental bal- D’Agostino, Testimony to the Senate Armed and our strategic thinkers see that as listic missiles (ICBMs) would be affected Services Subcommittee on Strategic Forces, only marginally by additional warheads pro- an advantage for the United States. April 14, 2010. vided by any Russian cheating or breakout That protects us. We are better off that Mr. KERRY. Madam President, I scenario. way. Why? Because it would be ex- thank the Senator from Arizona. I look (U) If Russia were to attempt to gain polit- traordinarily difficult to verify compli- forward with anticipation to when he ical advantage by cheating or breakout, the ance with a treaty that limited nu- returns to the floor with an amend- U.S. will be able to respond rapidly by in- clear-tipped ICBMs and SLBMs but ment. We look forward to moving on creasing the alert levels of SSBNs and bomb- didn’t count and, therefore, didn’t in- that. I also regret that he will not be ers, and by uploading warheads on SSBNs, spect identical conventionally armed bombers, and ICBMs. Therefore, the surviv- here, because I would like to be able to able and flexible U.S. strategic posture ICBMs and SLBMs. We couldn’t tell the answer some of the concerns he raised, planned for New START will help deter any difference between them. We would be because I think there are answers to future Russian leaders from cheating or absolutely foolish on our part to allow them. I think it is important obviously breakout from the Treaty, should they ever the Russians to deploy additional for that part of the record. have such an inclination. ICBMs and SLBMs based exclusively on Some of the questions that were (U) This assessment does not mean that their assurance that they are not nu- raised were questions about verifica- Russian compliance with the New START clear armed. How would we know? It is tion. I will not take a long time, be- Treaty is unimportant. The U.S. expects only by putting them under the count- Russia to fully abide by the Treaty, and the cause I know the Senator from Ne- U.S. will use all elements of the verification ing that we, in fact, protect the inter- braska and the Senator from Georgia regime to ensure this is the case. Any Rus- ests of our country rather than cre- are waiting to speak. In a letter from sian cheating could affect the sustainability ating a whole sidebar arms race which the Secretary of Defense to us regard- of the New START Treaty, the viability of would make everybody less safe. Not ing this issue of verification—and we future arms control agreements, and the counting those missiles would, in fact, may well have a closed session where ability of the U.S. and Russia to work to- create a new risk—the risk of break- we will discuss that to some degree. gether on other issues. Should there be any out, that we allow the other side, Rus- But in the letter, Secretary Gates signs of Russian cheating or preparations to sia, the opportunity, even if there were breakout from the Treaty, the Executive writes to me, and, through me, to the branch would immediately raise this matter no cheating, to simply leave the treaty Senate, saying: through diplomatic channels, and if not re- and arm those missiles with nuclear The Chairman of the Joint Chiefs of Staff, solved, raise it immediately to higher levels. warheads on very short notice, and we the Joint Chiefs, the Commander, U.S. Stra- We would also keep the Senate informed. would all be worse off. tegic Command, and I assess that Russia will (U) Throughout my testimony on this In fact, what Senator KYL was com- not be able to achieve militarily significant Treaty, I have highlighted the Treaty’s plaining about is something that cheating or breakout under New START, due verification regime as one of its most impor- makes us more stable. If we did what to both the New START verification regime tant contributions. Our analysis of the NIE he is sort of hinting he might like to and the inherent survivability and flexibility and the potential for Russian cheating or do, we could actually create greater in- of the planned U.S. Strategic force structure. breakout confirms that the Treaty’s stability, and it would be clearly much They have confidence in this verifica- verification regime is effective, and that our national security is stronger with this Trea- more likely to kill the treaty alto- tion regime. We need to have con- gether. fidence in the leadership of our mili- ty than without it. I look forward to the Senate’s final advice and consent of this im- Some of these things get raised and tary, national security agencies, the portant Treaty. they sound like there is reasonableness intelligence agencies, and the strategic Sincerely, to them. But when we put them in the command, all of whom are confident we ROBERT M. GATES. overall context of strategic analysis have the capacity to verify under this Mr. KERRY. One last quick com- and thinking and the balance, the sort treaty. ment. Senator KYL knows these mate- of threat analysis that attaches to any I ask unanimous consent to have rials very well. He is an effective advo- treaty of this sort, what we are trying that printed in the RECORD. cate for a point of view. But that does to work through is sort of reaching an THE SECRETARY OF DEFENSE, not mean that by saying those things, equilibrium between both sides’ percep- PENTAGON, Washington, DC, Jul 30, 2010. all of them have a factual underpinning tions of the other side’s capacity and of Hon. JOHN KERRY, or that they are, in fact, the best judg- what kind of threat that exposes each Chairman, Committee on Foreign Relations, ment as to what our military thinks or side to. That is how we sort of arrive at U.S. Senate, Washington, DC. the national intelligence community that equilibrium. That is what has DEAR MR. CHAIRMAN: (U) As the Senate thinks about the components of this driven every arms control agreement considers the New Strategic Arms Reduction treaty. Let me give an example. Sen- since their inception. The Pentagon Treaty (New START) with Russia, I would ator KYL has raised concerns about the has made very clear that the global like to share the Department’s assessment of the military significance of potential Rus- conventional prompt global strike ca- prompt strike is going to be developed, sian cheating or breakout, based on the re- pacity. What he didn’t say is, Russia but it is going to be developed as a cent National Intelligence Estimate (NIE) on very much wanted to ban strategic niche capacity. They think it is too ex- monitoring the Treaty. As you know, a key range conventional weapons systems pensive to do in huge numbers. It is

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10330 CONGRESSIONAL RECORD — SENATE December 16, 2010 also very clear that under the best cir- sought out Senator Nunn and Senator had cooperative communication back cumstances, it is going to be a long LUGAR in my deliberations during the and forth between the two countries time before that is ready to deploy. committee debate and my consider- that controlled 90 percent of the nu- We have boost-glide vehicles still in ation of what I would do in terms of clear weapons in the world. My history the proof-of-concept test stage. Nobody that committee vote and later a vote with this goes all the way back to has any imagination as to whether on the floor. I wish to make a couple climbing under a school desk, to intro- they will be ready in 10 or 15 years. The notes about the success of the Nunn- ducing President Ronald Reagan, to 1 life of this treaty is 10 years. So we are Lugar initiative. Nunn-Lugar is a com- year serving on the Foreign Relations looking beyond the life of the treaty mitment to see to it that nuclear ma- Committee of the Senate. for when they might or might not be terials are secure. It is a commitment My decision to support the treaty ready. There are a host of other con- to see to it that loose nukes around the coming out of the committee were cepts out there about this. We are world don’t fall in the hands of those based on four principles. The first is in- going to get a report from the Pen- who would kill my grandchildren, your spections. It has been said the inspec- tagon next year on what technologies grandchildren or all of us in the United tions have been reduced. What has not they think are most promising. It is States. I don’t think it has been men- been said is the number of sites to in- going to be exceedingly difficult to tioned, but as a result of the Nunn- spect have also been greatly reduced. imagine bringing them online within Lugar initiative, since 1991, since its The number of inspections correspond the 10-year life of this treaty. Any con- formation, they have reduced the num- with what is necessary to inspect the cept of sort of revising things that ber of loose nukes in the world by 7,599. Russian arsenal and know whether make this treaty subject to some com- Belarus, the Ukraine, Kazakhstan no they are complying with the treaty. In- spections are very important. We ponent of that is, in effect, a guise to longer have nuclear arsenals. Through learned on 9/11 what happens when we try to kill the treaty. I say that about that comprehensive threat initiative, don’t have human intelligence on the this one component of it. There are they have destroyed the weapons, and ground where we need it. What happens many others, many other similar kinds they have turned weapons of mass de- is we get surprised. What happened to of arguments raised in the last hour. struction into plowshares that are powering powerplants. The nuclear us on 9/11 is almost 3,000 citizens died As we go forward, if an amendment at the hands of a heinous attack by threat initiative does not mean we get arises, we will deal with each of them. radical terrorists because we didn’t I want colleagues to be aware there is out of the business of having a nuclear have as good intelligence as we needed arsenal. It means we get in the busi- more underneath some of these red her- to have. That is why I don’t want to ness of security for the nukes that are rings than may appear to the eye at turn my back on the opportunity to there and establish goals toward non- first blush. have human intelligence on the ground I yield the floor. proliferation which to all of us is criti- in the Russian Federation verifying The PRESIDING OFFICER (Mrs. cally important. that they are complying with a mutual HAGAN). The Senator from Georgia. My history as far as this goes back to pact we have made with them and, cor- Mr. ISAKSON. May I inquire if there the 1950s. It goes back to Ms. Ham- respondingly, the transparency they is a scheduled recess at 12:30? berger’s first grade class, when I re- have to inspect our nuclear arsenal in The PRESIDING OFFICER. We are member getting under the school desk not under that order. the United States. once a week to practice what we would The second point I wish to make that Mr. ISAKSON. Madam President, I do if a nuclear attack hit the United caused me to come to the conclusion it was on the floor last night and ad- States. My history with this goes back was the right thing to do to support dressed my significant concerns with to October of 1962 when, as a freshman the treaty in committee was the verifi- the omnibus and the dual-track process at the University of Georgia, I stood in cation process. I have heard some peo- we are on right now. That statement fear with all my colleagues and ple say this verification process is not has been made. I come this morning to watched what was happening in Cuba, as good as the old verification process. address the START treaty, the New watched the blockade, watched the I am not going to get into that argu- START treaty. I voted for it to come strength of John Kennedy, who faced ment, but this verification process is a out of the Foreign Relations Com- the Russians down and ultimately pre- heck of a lot better than no verifica- mittee to the floor. I want to go vented what would have been a nuclear tion process at all, which is exactly through my reasons for having done so. strike against the United States and what we have today. I wanted to talk about what the New ultimately our strike against them in Since December 5 of last year, we START treaty is, not what it is not. Cuba as well as in Russia. haven’t had the human intelligence. First, I want to pay tribute to DICK Then I remember the night in Octo- We couldn’t verify. Verification is LUGAR. He has been a bastion of ber of 1986, when I had the honor to in- critically important because with veri- strength on nuclear proliferation and troduce Ronald Reagan in Atlanta the fication comes communication. With nonproliferation issues for years. I night before he flew to Iceland to begin communication comes understanding, thank Senator KERRY for the time he negotiations on nuclear treaties at and from that understanding and com- gave us to go through hour after hour that time. In one speech made today, it munication comes intelligence. While after hour of hearings and hour after has been referenced that Reagan re- our inspections are to make sure the hour after hour of secure briefing in jected what Gorbachev offered at Rey- quantity of the nuclear arsenal and the the bowels of the new Visitor Center, kjavik. That is correct. Reagan re- warheads and the delivery systems are where we read the summary of the jected not doing research and develop- within compliance, it also gives us notes of negotiations on the treaty, ment and building a nuclear arsenal. interaction to learn what others may where we read the threat initiative and But what he did insist on was verifica- know about nuclear weapons around the estimate of the terrorism threat tion of what both countries were doing the world that are not covered by this initiative and all the classified docu- so we could never have a situation of treaty. mentation about which we cannot not having transparency, not having That brings me to one other point. It speak on this floor. These things are intelligence, and not knowing what the has been said by some that bilateral critical to our consideration as we de- right and left hand were doing. It was treaties are no longer useful in terms bate this treaty. out of that rejection and at his insist- of nuclear power; we need multilateral I wish to talk about two Senators, ence that the beginning of the negotia- treaties. I have to ask this question: If one a Democrat and one a Republican. tions for the START treaty began. we reject the one bilateral treaty over With all due respect to the chairman, They were ultimately signed in 1991, nuclear power, how will we ever get to it is not he. It is a Democrat by the under the administration of George a multilateral treaty? We will not do same of Sam Nunn from Georgia, who H.W. Bush. it. I think it is important to have a bi- chaired the Armed Services Com- Until December 5 of last year, that lateral treaty between the two coun- mittee, who, along with Senator START treaty had been in place. For tries that controls 90 percent of the LUGAR, put together Nunn-Lugar and those years, the United States had weapons so we see to it, as other coun- the cooperative threat initiative. I transparency. It had verification. It tries gain nuclear power, we can bring

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10331 them into a regimen that requires What is known as the Lugar Doctrine Transparency and information shar- transparency and accountability too. is very important to understand at this ing enable our military planners to You will never be able to do that if you stage of the debate. In doing my re- better prepare for a real threat. With- reject it between yourself and the Rus- search on the treaty, and the work that out such agreements and under- sian Federation. DICK LUGAR and others have done on standings, our military and the mili- Now, the third thing I want to talk nonproliferation, I came upon what is tary of countries like Russia must pre- about for a second—I mentioned Sen- known as the Lugar Doctrine. I would pare for worst-case scenarios. ator Nunn before. He served as Armed like to read it because it answers the That leads to inefficient, runaway de- Services chairman, and so did John question I just raised about a loose fense spending. If that sounds familiar, Warner, who is a distinguish retired nuke getting into the hands of a rogue that is because we have been down that Republican Member of this Senate. terrorist: road before—it was called the arms They released a joint statement not Every nation that has weapons and mate- race. too long ago and raised a point I had rials of mass destruction must account for The U.S. and the former Soviet not thought of. If you will beg my what it has, spend its own money or obtain Union poured massive resources into doing this, I will read on the floor of international technical and financial re- building not only vast stockpiles of nu- the Senate one of the points they made sources to safely secure what it has, and clear weapons, but also on the expan- that was supportive of this treaty. I pledge that no other nation, cell, or cause sive systems needed to defend against quote from Senator Nunn and Senator will be allowed access or use. incoming bombers and missiles. Warner: That is as clearly and as succinctly Since the late 1960s, arms control . . . Washington and Moscow should expand as you can state the future fear that agreements and other measures have use of existing Nuclear Risk Reduction Cen- all of us have for this country and what worked to reduce nuclear forces and ters—which we— might happen with nuclear weapons. systems that support them. Meaning Warner and Nunn— So in closing my remarks, I went I would note that former President and other members of Congress— through interviews with Sam Nunn, Ronald Reagan, who accelerated nu- Meaning DICK LUGAR— listened to the chairman and the rank- clear modernization and launched the established with President Ronald Reagan to ing member, listened to the testimony, Star Wars missile defense effort, over- further reduce nuclear threats. Ms. Gottemoeller, and all the others, came his initial distaste for arms con- For example, to improve both nations’ read the documentation, which every- trol agreements. Working with Soviet early warning capabilities, the centers could body else can read in the secure brief- Premier Gorbachev, Reagan laid the exchange data on global missile launchers. ing room, and I came to the conclusion Other nations could be integrated into this foundation for today’s START treaty. system. It could provide the basis for a joint that verification is better than no veri- In July 1991, Presidents Bush and initiative involving Russia, the United fication at all; that inspections and Gorbachev signed the START I treaty States and the North Atlantic Treaty Orga- transparency are what prohibit things and the Senate later approved it on an nization on a missile defense architecture for like what happened on 9/11 from ever overwhelming and bipartisan vote of 93 Europe that would help address other key happening again, and that you can to 6—a vote which concluded after 4 issues, like tactical nuclear weapons vulner- never expect multilateral negotiations days of floor debate. Nebraska’s Sen- able to theft by terrorists. Indeed, when the with other countries that have some ators at the time, Jim Exon and Bob centers were proposed, they were envisioned degree of nuclear power if the two to help prevent catastrophic nuclear ter- Kerrey both supported the START 1 rorism. These initiatives can go forward with greatest powers refuse to sit down and treaty. a New START Treaty. negotiate and extend the under- As we consider New START, it is our I thought that observation was very standing they have had since 1991. constitutional duty to address today’s telling and looking prospectively into Only through setting the example, concerns and the treaty’s merits. the future about, again, having the two without giving in or capitulating a Now I have heard five main concerns nations—the Russian Federation and thing, do we hopefully give hope to the during debate. the United States—bring in other peo- future that my grandchildren and They are: No. 1, treaty limitations on ple, such as NATO, to be a part of a yours can live in a world that will not missile defense; No. 2, sufficiency of treaty and a missile defense system be free of nukes but will be secure; that modernization plans for nuclear enter- that is agreeable with all parties. The loose nukes are not in the hands of bad prise; No. 3, adequacy of treaty absence of negotiation, the absence of people; and we have transparency and verification measures; No. 4, force transparency, the absence of coopera- accountability while still having the structure changes resulting from trea- tion ensures that cannot happen. capability to defend ourselves and exe- ty reductions; No. 5, and the timing of My fourth point is this: The thing I cute the security of the people of the the Senate’s deliberations of the trea- fear the most as a citizen, the thing I United States of America. ty. fear the most as a Senator, and the It is for those reasons I supported the First, the New START treaty won’t thing I fear the most, quite frankly, as New START treaty in the committee, affect any current or planned U.S. mis- the father of three and grandfather of and I submit it for the consideration of sile defense efforts. Some point to lan- nine is a nuclear fissionable material the Members of the Senate. guage in the treaty’s preamble and the getting into the hands of a radical ter- I yield back my time. inclusion of unilateral statements. But rorist. That is the fear that all of us The PRESIDING OFFICER. The Sen- they are not legally binding. And dread. ator from Nebraska. changing the preamble would unravel It is critical, when we look at what Mr. NELSON of Nebraska. Madam the treaty. the Nunn-Lugar initiative has done in President, I rise to discuss the New The only binding restriction on mis- the destruction of loose nukes—7,599— START treaty. In the last 40 years, our sile defense systems arises in article V. what the original START treaty, the country has participated in numerous It prevents conversion of ICBM silos foundation it gave us, to begin to re- arms control and nonproliferation ef- into missile defense launchers. That duce nuclear weapon proliferation forts. They are a critical element of has no practical effect because con- without reducing our ability to defend our national security strategy. verting silos is more expensive and less ourselves and to launch strikes that If done right, arms control agree- desirable than building new silos. are necessary to protect the people of ments can enhance U.S. national secu- Second, some have questioned the ad- the United States of America. rity by promoting transparency and in- ministration’s commitment to mod- But I worry about one of the radical formation—sharing that can inform us ernize our nuclear facilities and forces. terrorists getting hold of one of these about the size, makeup, and operations As the chairman of the Armed Serv- materials, and I fear in the absence of of other military forces. ices’ Strategic Forces Subcommittee, I transparency, verification, and inspec- They also provide other countries held three hearings this year address- tion, we run the risk, unwittingly, of with information about our force and ing the health of our nuclear weapons playing into their hands and making capabilities, and that promotes a stra- complex. that type of a material more and more tegic balance and discourages an at- I would note that the administration available. tack on the U.S. or its allies. asked for $7 billion in Fiscal Year 2011

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10332 CONGRESSIONAL RECORD — SENATE December 16, 2010 for stockpile sustainment and infra- Those are concerns that have been constraint. Entering into this treaty structure investments. raised. Now let’s look now at the mer- demonstrates our commitment to mod- That is roughly 10 percent more than its. ernizing the nuclear stockpile by mak- 2010 funding. In recent months, I have spoken ing the most of what we have to spend The administration also plans to in- about this treaty with key military and to keep our country safe. vest $80 billion in the next decade to leaders including Secretary Gates, Ad- The New START treaty offers the sustain and modernize the nuclear miral Mullen, General Cartwright, and possibility of providing our military weapons complex. That is the biggest General Chilton. with insights needed to efficiently and commitment to the nuclear enterprise Each has expressed full support and successfully provide a safe, reliable, in more than a decade. On top of that, participation in this treaty. They also and secure nuclear deterrent. the administration recently offered an fully support the proposed reductions At the end of the day, the New additional $4 billion toward moderniza- to the nuclear arsenal and the contin- START treaty builds on successes from tion goals. ued sustainment of the nuclear triad. previous treaties, and paves the way Third, some argue that verification In addition, Secretary Clinton and for further bilateral agreements be- measures are less rigorous than for every living former Secretary of tween the United States and Russia. START I. State—nine in total—have all pub- It moves us further away from a nu- Its verification measures expired last lically voiced their support. Five clear war no one wants. Even as it December. So, as of today, we have former Secretaries of Defense on both does, we will retain a powerful and ef- gone 376 days without onsite moni- sides of the aisle have endorsed the fective deterrent capability. toring and verification in Russia. treaty. Seven former Strategic Com- And finally, ratification also will The less we are allowed to see for mand commanders have endorsed the send a strong message to those around ourselves the more uncertainty we will treaty. STRATCOM, headquartered in the world opposed to proliferation and feel about Russian forces. my State in Omaha, NE, in the Belle- those seeking to proliferate. New START includes verification vue area, oversees America’s strategic For these reasons, I support the New measures allowing 18 onsite inspections nuclear, nonnuclear and cyber de- START treaty and I believe the Senate annually. We determine where and fenses. should ratify it as soon as possible. when to go, with very little advance Also, it is important, I believe, that I yield the floor. notice to the Russians. the U.S. Strategic Command actively The PRESIDING OFFICER. The Sen- As many of you know, this treaty played a key role in negotiating the ator from New Mexico. counts every warhead and delivery sys- treaty. With that experience, the Mr. BINGAMAN. Madam President, I tem and tracks them with unique iden- former STRATCOM commander in would like to speak briefly on the New tifiers. That is a tremendous advance- chief General Chilton who is recently START treaty and state the reasons I ment in transparency over the previous departed, said: believe the Senate should go ahead and system of attribution. And it certainly Our nation will be safer and more secure ratify this treaty. is better than no verification system, with this treaty than without it. What we Let me highlight some key points on, which exists at the present time. negotiated to is absolutely acceptable to the first, what the treaty accomplishes. Fourth, some express concern about United States Strategic Command for what Let me mention four things. we need to do to provide the deterrent for No. 1, it reduces the number of de- the treaty’s impact on the nuclear the country. triad—our strategic bombers, missiles, ployed nuclear warheads by a rel- I wholeheartedly agree. atively small number; that is, it takes and ballistic missile submarines. I am prepared to vote to ratify the In testimony and in direct conversa- us from 2,200, which is what we were re- New START Treaty because it pro- tions with me, our military leaders quired to reduce to under the Moscow motes our national security and can have assured that the New START re- Treaty, down to 1,550. make America and the world safer. It tains the triad. Second, its counting regime is not increases transparency between nu- Proposed reductions by the Pentagon based on attributing a number of war- clear nations. It promotes cooperation aim to spread across all systems and heads to a launch system but, instead, and not suspicion. And it reduces the minimize impacts to any one system or like the 2002 Moscow Treaty, this trea- possibility of a nuclear exchange and base, thus retaining a safe, secure, and ty actually requires the counting of de- still enables America to respond to the effective triad. ployed warheads. terrible threats that continue in the Finally, some indicate that consid- Third, this treaty reestablishes a ver- nuclear age. ering New START now prevents the I would like to elaborate. ification regime of inspectors on the Senate from spending adequate time to America will be stronger if we can ground. This is something which lapsed consider the treaty, or that we would continue to look under Russia’s hood, a year ago when START I lapsed. be rushing judgment on the treaty. and they under ours. Trust but verify Fourth, this treaty still maintains a New START was signed in April of still works. credible nuclear deterrent against Rus- this year, and the Senate has had it for This treaty will help U.S. Strategic sia, against China, against anyone who consideration since May. Command accomplish its absolutely might threaten our country. Together, the Foreign Relations, In- vital mission for our Nation. Before discussing some of these telligence, and Armed Services Com- Further, as the chairman of the U.S. points in detail, let me put the New mittees have held 21 hearings and brief- Senate—Russia Interparliamentary START treaty in some historical per- ings related to the treaty. The truth is Group, I have held many meetings with spective, at least as I see it. that the Senate has been actively de- my Russian counterparts about this As this chart graphically dem- liberating New START for 7 months. treaty. It is a step in the right direc- onstrates, at the peak of the Cold War By comparison the 2002 Moscow Trea- tion to encourage further cooperation some 30 years ago there were about ty took 9 months to complete and between the U.S. and Russia. As we 60,000 nuclear warheads. That is clearly START I took a little more than a work toward cooperation, the treaty an astounding number given that a sin- year. When it came to floor debate, the reestablishes verification measures and gle warhead would destroy most major 1991 START I treaty required 4 days of increases transparency considerably. American cities and most major cities debate, while START II, the Chemical That will reduce uncertainty about anywhere in the world. Weapons Convention and the 2002 Mos- Russian forces, and increase their pre- From 1991, when the first START cow Treaty each took 2 days. dictability. Without this treaty, our treaty was signed, until 2002 when the I am confident that the Senate has understanding of Russian nuclear Moscow Treaty was signed, the number fulfilled its responsibility to fully con- forces will continue to deteriorate. of warheads declined dramatically sider and deliberate on New START, We would have a tendency for U.S. from about 50,000 to a little over 20,000, and our actions are entirely consistent forces to overcompensate for what we or about 10,000 for the United States with the past actions of this body in don’t know. and 10,000 for Russia. This includes considering previous arms control That is a losing strategy in an era of spare and deployed warheads not just agreements. large budget deficits and needed fiscal those that were deployed. The Moscow

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If the States.’’ thousands and which are the most eas- New START treaty is ratified as shown The second point is that the intel- ily concealed of the weapons? on this chart, down here where this ligence community has judged that we The fourth point: Let me turn to the arrow is in the right-hand bottom cor- are better off with this treaty and its issue of modernization of our own nu- ner, in 2010, it will take the number of inspection regime than we are without clear arsenal. Despite our deployed warheads to 1,550 from the it. Monitoring and verification under unsustainable budget deficit—and I no- Moscow lower limit of 1,700 that was in START I, which has now expired, was tice the Senator from Alabama is on the Moscow Treaty. That is a very based on counting strategic launch sys- the Senate floor today. He and I both modest reduction compared to what tems and then attributing a number of voted against the tax bill. I don’t know has been done in previous arms control warheads to each submarine, each air- all of his reasons. One of mine was the agreements. plane, each missile. This counting rule unsustainable deficits faced by this After the Cold War ended 20 years overestimated the number of warheads country today. But despite these ago, it was clear we had an astounding carried on U.S. strategic systems. The unsustainable budget deficits, this ad- and excessive number of nuclear weap- New START treaty is much more spe- ministration is committing an addi- ons. I believe it was the hope and the cific than START I. It counts only the tional $14 billion over the next 10 years expectation of most Americans that actual number of warheads carried by for a total of $84 billion to modernize there would be deep reductions in nu- each deployed missile. In fact, this is our nuclear weapons enterprise to en- clear weapons at that time. That re- the same counting rule as in the Mos- sure that as we draw that nuclear arse- duction, in my view, has been slow in cow Treaty which was developed by the nal down, reduce the numbers in the coming. Our government has declas- prior administration and subsequently nuclear arsenal under New START, we sified the number of nuclear warheads approved in the Senate 95 to 0. will be capable of maintaining those we have in our active stockpile, and Moreover, under this treaty we have weapons we do rely upon. that number is 5,113. If asked directly, the ability to inspect on the ground, Now, this chart shows the 10-year I believe most Americans would be sur- with short notice, to determine wheth- projection for weapons stockpile and prised to know at the end of 2010 we er uniquely coded launchers actually infrastructure funding, and my col- still have over 5,000 nuclear warheads, carry the declared numbers of war- leagues can see there is a very substan- and we have 2,200 that are deployed. heads. Contrary to what some have tial commitment of funds by this ad- Today we have a treaty before us claimed, short notice inspections of ministration to maintain the reli- that achieves a modest reduction from uniquely identified launchers combined ability of our stockpile. the Moscow level of 2,200 deployed war- with other intelligence assets give us a The fifth point I wish to make is that heads. As I indicated before, this treaty high probability of detecting cheating concerns have been raised regarding will take us down to 1,550. Quite frank- such as uploading more warheads, the nonbinding Russian unilateral mis- ly, I am surprised some are arguing for which would take days to months for sile defense statement. This is separate having a drawn-out debate over the Russia to achieve. from the binding provisions of the trea- treaty. START I took about 4 days of Condition 2 of the resolution of ap- ty. This is a nonbinding statement that floor debate and lowered the number of proval out of the committee speaks to Russia made that considers the treaty warheads between Russia and the the monitoring issue by requiring the effective only where there is, as they United States from about 50,000 to President to certify that our National put it, ‘‘no qualitative or quantitative 20,000, a 60-percent reduction. The Mos- Technical Means or other intelligence buildup of the missile defense capabili- cow Treaty lowered the total number assets, combined with our on-the- ties of the United States of America.’’ of U.S. warheads from about 11,000 to ground verification capability, is ‘‘suf- In testimony before the Armed Serv- today’s level of about 5,000. That took ficient to effective monitoring of Rus- ices Committee, Secretary of State 2 days to debate. That involved a 55- sian compliance with the provisions of Clinton stated unequivocally the trea- percent reduction. Yet with a rel- the Treaty.’’ ty does not constrain our missile de- atively modest reduction called for in Third, there is a larger policy issue of fense efforts. Secretary Clinton went this treaty, we still have people pro- strategic stability. This treaty pro- on to say: posing a floor debate that could extend vides a framework of transparency Russia has issued a unilateral statement into the next Congress. through inspections and accountability expressing its view. But we have not agreed Let me turn to a number of sub- of warheads and launchers. If we are to this view and we are not bound by it. In stantive issues associated with the New worried about unchecked growth of fact, we have issued our own statement mak- Russia’s strategic nuclear forces, not ing it clear that the United States intends to START treaty that I believe weigh in continue improving and deploying effective favor of its ratification by the Senate. now but 5 years from now, it makes missile defense. First, we have been briefed by the mili- great sense to approve this treaty. In the same hearing, Secretary of De- Many have criticized the treaty be- tary commanders about the 1,550 defense Gates said: ployed warheads that will still be in cause it does not deal with Russia’s numerical advantage and tactical nuclear The treaty will not constrain the United place once this treaty is approved. This States from deploying the most effective total is comprised of about 700 de- weapons, such as gravity bombs or sub- missile defense possible, nor impose addi- ployed ICBMs and SLBMs and about marine launched cruise missiles. I tional costs or barriers on those defenses. 800 total heavy bombers and launchers. would point out that none of the pre- Secretary Gates then goes on to say I urge my colleagues to obtain the vious nuclear arms control treaties in that hearing: classified briefing on the treaty. I be- have dealt with tactical nuclear weap- As the administration’s Ballistic Missile lieve it is clear the commander of the ons. While I agree we should have dis- Defense Review and budget makes clear, the U.S. Strategic Command has analyzed cussions with Russia on tactical nu- United States will continue to improve our in detail the strategic nuclear force clear weapons, we need this treaty to capability to defend ourselves, our deployed structure of each side under this treaty restart the process of negotiations if forces and our allies and partners against and is confident we can maintain our we are ever going to achieve the goal of ballistic missile threats. deterrence against Russia and China, reducing tactical nuclear weapons. From a historical perspective I would who hold 96 percent of the world’s stra- This treaty lays the groundwork for note that similar unilateral statements tegic nuclear warheads. a subsequent negotiation to address on missile defense were made by Russia The resolution of approval as re- tactical nuclear weapons, many of in connection with START I and in ported by the Senate Foreign Relations which are deployed close to our NATO connection with START II, both of Committee speaks to this issue, noting allies. If we cannot demonstrate we which treaties were approved by the in condition 3 that before any reduc- have the ability to enter into binding Congress.

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Meanwhile, China, Russia, standing included in the instrument of many times, I have had a front-row Pakistan, and India continue to expand ratification that ‘‘it is the under- seat on it. their stockpile, while rogue, outlaw na- standing that the New START Treaty Our President, whose work and pro- tions, such as North Korea and Iran, does not impose any limitations on the posals absolutely deserve fair and just posing great risk to world peace, ad- deployment of missile defenses other consideration in the Senate, after ap- vance their nuclear weapons programs. than the requirement of paragraph 3, propriate debate, has stated that this We will need to talk about this more article V.’’ treaty is a critical part of his approach as this debate goes forward. It is quite That section of the treaty prohibits to strategic issues, repeatedly insisting clear that the greatest threat to world the use of existing ICBM and SLBM that it is needed so the United States peace and nuclear danger arises from launchers for missile defense or the can set an example and show leadership the rogue nations and other nations conversion of missile defense launchers in moving toward what he has often that have less secure situations than for ICBMs except for those that have stated to be his goal—a nuclear-free the Russians do. While it could be very been converted before the treaty was world. beneficial to have a good treaty with signed. This treaty now comes at a time the Russians, this is not the core of the On the question of whether we should when our Nation is the world’s only nu- danger this Nation faces today. We have had very little work, very vote on ratification in this Congress or clear power. We are the only nuclear little success, in getting the kind of ro- leave this to the next Congress to con- power to have no nuclear production bust support from Russia and China sider, some Senators claim that we facility ongoing at this time. It will that we should have regarding North simply need more time and that other have to be reconstituted. That has been Korea and Iran. It is inexplicable to me treaties have laid before the Congress a sore spot in this Congress for quite a why they would jeopardize their rep- for much longer periods. This is simply number of years, but it has not hap- utation as a positive force in the world not the case. Arms control treaties pened. to curry favor with rogue nations such since the ABM Treaty in 1972 were ei- For over a decade, the Senate’s ef- as Iran and North Korea. But this ad- ther taken up, debated and ratified forts to modernize our aging weapons ministration has been unsuccessful in within the same Congress or, in the stockpiles—which our scientists have gaining the kind of support to ratchet cases of START II, the Moscow Treaty told us are getting to a point where up the sanctions to get those countries and the Chemical Weapons Treaty were they have to be fixed—have been that could perhaps make a difference. taken up, debated and approved within blocked by House Democrats, mostly, The Russians are steadfast in their the Congress from which the Foreign and some Republicans there. We have nuclear program. They have absolutely Relations Committee reported a reso- gotten bills out of the Senate to do no intention of going to zero nuclear lution of approval. This historical this, but they have failed in the House. weapons. I had an opportunity to talk precedent on the ratification of arms It has been an article of faith on the to some of their people, and it is pretty control treaties runs counter to what left in America and abroad on the clear to me they thought it was outside some of my colleagues are advocating. international left that our goal must the realm of good judgment to discuss It is this congressional session of the be to eliminate all nuclear weapons going to zero nuclear weapons. They Senate that received the treaty, held 21 from the world. President Obama and were never going to zero nuclear weap- hearings and briefings and submitted his administration have often used ons. They have a 10-to-1 advantage over over 900 questions as part of the advise that rhetoric. But our modernization the United States in tactical nuclear and consent process and it should be capability hasn’t been started, and weapons—more maneuverable—and this congressional session of the Sen- that is a troubling situation. As Sec- this treaty does absolutely nothing to ate that should finish the job. retary Gates has said about moderniza- deal with that situation. The Russians Let me conclude with where I started tion, we cannot continue at this rate. may make some changes in the future, on the New START treaty, it is a rel- In 2008, I sponsored legislation to cre- perhaps, but I don’t think they are atively modest treaty in terms of re- ate a bipartisan commission of experi- going to do much on tactical nuclear ducing the number of nuclear war- enced statesmen to do a study of our weapons. It is a critical part of their heads. Our military commanders have nuclear posture. The legislation passed defense strategy. analyzed the force structure under the and the Commission on the Strategic We understand Russia is willing and treaty and have concluded it maintains Posture of the United States did its has plans at this time to reduce their our nuclear deterrent and that it pro- work. It was headed by Dr. William J. strategic nuclear stockpile, which is vides on the ground intelligence Perry and James R. Schlesinger, a what this treaty deals with, not the through verification that the intel- former Defense Secretary of this coun- tactical weapons, and that is because it ligence community believes we are bet- try—a Democrat and Republican. They represents a necessary economic move ter off with than without. Finally, it is reached a consensus on a number of for them. Frankly, I don’t think they clear that it does not impede our mis- key issues. They concluded that we see the United States or Europe as the sile defense programs. could reduce our nuclear stockpile kind of strategic threat they used to In my opinion there is no credible ar- more than the current number, but be, and they are willing to pull down gument that the ratification of this that ‘‘modernization is essential to the those numbers. It is a good thing, and treaty undermines our national secu- nonproliferation benefits derived from we should celebrate what gains we can rity. I urge my colleagues to vote for the extended deterrent.’’ So they said obtain. the ratification of the New START it was essential to have a moderniza- Some close observers believe this treaty. I thank the chair and yield tion program. treaty curtails the U.S. programs, such back any remaining time. I know a lot of the discussion has as missile defense, while not curtailing The PRESIDING OFFICER (Mr. been ongoing about that. I do believe certain Russian modernization pro- COONS). The Senator from Alabama is Senator KYL has done an excellent job grams of the systems they want to ad- recognized. in raising this issue, and the adminis- vance. In short, the Russians seem to Mr. SESSIONS. Mr. President, as we tration responded positively in some have negotiated more effectively than begin consideration of the New START regards. The Commission also, nicely, the United States in this treaty. That treaty, we must understand that the in diplomatic language, deflected the is my observation. We wanted it too proposal is not made in a vacuum. In administration’s goal of zero nuclear desperately. I warned our negotiators one sense, it is an important part of weapons by saying: that they were too committed, too des- our Nation’s strategic policy. I have It’s clear that the goal of zero nuclear perate to get this treaty. It would served as chairman, ranking member, weapons is extremely difficult to attain and make more difficult the negotiation and a member of the Subcommittee on would require a fundamental transformation also with the Russians. I think that Strategic Forces, subcommittee of the of the world political order. has proven to be true.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10335 Let me be plain about my overall ‘‘A World Without Nukes, Really?’’ defense site in Poland in exchange for concern. First, the idea that it should Good question. So some of my Demo- the Russian cooperation. The New be the goal of this country to move to- cratic colleagues may say these state- York Times summarized these cables ward the total elimination of nuclear ments about ‘‘no nukes’’ or, you know, on November 29: weapons is not just a fantasy, a wild they are just rhetoric, you have to say Throughout 2009, the cables show, the Rus- chimera or some harmless vision; I those things to keep the President’s sians vehemently objected to American think it is dangerous. It can only raise political left in line. The President is plans for a ballistic missile defense site in questions about the quality of the not really serious about it. It is not a Poland and the Czech Republic. . . . In talks judgment that underlies our strategic real goal of his. with the United States, the Russians insisted that there would be no cooperation on other policy. Well, I do not know. America leaders issues until the European site was scrapped. The question arises, is the fierce de- usually mean what they say. He has . . . Six weeks later, Mr. Obama gave the termination of this administration to not renounced the policy. Secretary Russians what they wanted: he abruptly re- get a treaty a part of their stated goal Flournoy was repeating it a few weeks placed the European site with a ship-borne of moving to zero nuclear weapons and ago at an international conference. I’ve system. setting ‘‘an example’’ for the world? Is got to say, a lot of people were not too So it makes me a bit nervous. We had the United States of America, under impressed with that policy, frankly, a plan to place that in Europe, a two- whose nuclear umbrella resides a host from our allies around the world. stage system instead of the three stage of free and prosperous nations, no Even if the President is not telling us we have in the United States, to give longer reliable as a nuclear power? We accurately what his philosophy is, us redundant coverage from Iranian at- know many other nations that are part these words do not mean anything. He tack, and the Russians did not like it. of our nuclear umbrella are worried is throwing out astonishing visions They did not want a missile defense about our nuclear policy. I can under- about what he would like to happen, system on their border, even though, at stand that. How far, how low does this the lamb lying down with the lion. best, it would have only minimal sup- world leadership role take us? How few What else is he not serious about as we port against a massive number of mis- weapons should we go to? Down further consider this treaty? If one is not accu- siles that they have. We were only from 1,500, as this treaty would have rate about matters as significant as going to put 10, I think, in Poland. But it—and that might be a sustainable nuclear weapons, we have a grave prob- they objected. They objected. The Bush number—to 1,000 or 500? Well, not 500, lem of leadership in this country. Does administration stood firm. They got somebody would say. But I note that it mean the President favors mod- the last treaty by standing firm. In- Mr. Jim Hoagland, writing in the ernization of our stockpile? He says so. deed, former Secretary of Defense for Washington Post on December 10, de- But, in essence, he has conditioned Policy Doug Feith wrote an article in clared that the treaty fails, in his view, that support on passing of the treaty one of the major newspapers, an op-ed, because the numbers are not low when we need to modernize the stock- I think the Wall Street Journal, saying enough. He says that ‘‘500 or fewer’’ pile whether or not we have a treaty. that they said no, and eventually the would be sufficient. Does this give me confidence that the Russians agreed to sign. Well, will this example of reducing President is clearheaded about our nu- He raised an important issue. I want our weapons cause other nations to fol- clear policy when the Secretary of De- to share this with my colleagues whom low our good example? I think not. If fense and former Secretary of Defense I know believe so deeply we have to Iran and North Korea risk their secu- and the laboratory directors and the have this treaty or all kinds of bad rity and their financial soundness on top military people have, without ex- things will happen. Mr. Feith told the building a nuclear arsenal today, will ception, said we need to modernize our Russians: We do not have to have a our example cause them to stop? I nuclear forces, and he is only going to treaty with you. We do not have a trea- think not. Rather, I must conclude it support it if this Congress ratifies the ty with other nations that have nu- will embolden them. As our weapon treaty? I do not feel good about that. A clear weapons. If it is not a good trea- numbers fall lower and lower, these lot of people have opposed moderniza- ty, we are not going to agree to it. rogue nations can begin to see clearly tion. They think modernization is a Eventually the Russians agreed. He their way to being a peer nuclear com- step toward more nuclear weapons, in said the very same insistences, the po- petitor of what is now the world’s their mind, and we ought to eliminate sitions they asserted at that time greatest military power. Why would we nuclear weapons, not have more. against the Bush administration that want to encourage them in that fash- That is, frankly, where the Presi- they rejected were demands acquiesced ion? I think it is a risky goal. dent’s political ancestry is. That is in by this administration in this trea- Thus, to the extent that the treaty is where he came from politically. So for- ty. an effort to advance the stated goals of give me if I am not real comfortable So forgive me if I am a bit dubious this administration—a nuclear-free about this. Does the President mean it about how wonderful this treaty is. I world—the treaty will be counter- when he says he has not compromised asked the State Department about productive and dangerous, I think. If and will not compromise our ability to those cables, and we have not heard that is what it is about, it is counter- deploy strategic missile defense sys- any information on them. So there are productive, and it will enhance and en- tems in Europe? many more things we need to talk courage other nations to have nuclear There is a rub here. Some in this rel- about with regard to the treaty and the weapons, and any country that has ad- ativistic, postmodern world may not overall strategic situation we find our- vanced under our nuclear umbrella who have the slightest concerns that our selves in. does not now have nuclear weapons Commander in Chief’s words are am- Are we making the world safer? I am may decide they have to have their biguous on matters such as this. They worried that we are not. I am worried own, further proliferating nuclear do not believe much in the authority of that this approach may not make us weapons. words anyway. But call me old fash- safer. I am well aware that some of our At the Halifax International Security ioned. I think words are important. best allies are worried now about the Forum a few weeks ago, supported by These words that I am hearing worry constancy of the United States, the the German Marshall Fund, Under Sec- me. So these views that are fantastical commitment of the United States to a retary of Defense for Policy Michele place a cloud of unreality over this en- defense, even if, God forbid, nuclear de- Flournoy repeated the administration’s tire process. fense of our world allies, that we will goal of zero nuclear weapons, and fur- Secondly, I am not persuaded that not follow through, and so they may ther stated, ‘‘It is a vision. It’s an aspi- this administration has not retreated have to have their own nuclear weap- ration.’’ She acknowledged, ‘‘It may on nuclear missile defense to a signifi- ons. not happen in our lifetimes.’’ I can tell cant degree. I am not persuaded that I know there is a good bit more to you it is not happening in our life- that has not occurred. For example, discuss in this debate. I encourage this times, with a high degree of certainty. the latest WikiLeaks reveal that the body to be deliberative in its consider- The name of the panel, by the way, administration negotiated away Presi- ation of the treaty. I am not happy had a little bit of an irony to it. It was dent Bush’s plan for a forward missile that it is being shoved at this point in

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10336 CONGRESSIONAL RECORD — SENATE December 16, 2010 time. I was so hopeful and expectant try to be thoughtful about what the I would hope my colleague would not that we would be able to give a firm numbers are and about the treaty as a view this—given all of the signoffs that date to start the debate early next whole. I appreciate that. A couple of have accompanied it, from our national year, and we could have a robust de- comments I want to make. No. 1, the security establishment, from the Joint bate, not only about the treaty but administration is not linking mod- Chiefs of Staff, from military leaders, how it fits into our overall nuclear ernization to the treaty. I think it is from the national intelligence commu- strategic posture, what are we going to clear now to Senator KYL. I read a let- nity, from our laboratory directors, do about missile defense, what are we ter before the Senator started speaking our strategic commanders—all of them going to do about updating our stock- from the directors of the three labora- have agreed 1,550, the current number pile, and what about our triad and de- tories expressing their satisfaction and of launchers we have, the 800—this is livery systems, what are we going to do gratitude with the levels of funding going to permit the United States to about those. Now it is being jammed in that have been put in there. maintain the advantages we feel we here. I understand why. They have got I acknowledge that Senator KYL was have today. more votes they think now, and the correct in finding some inadequacies in I hope my colleague would look hard likelihood of it passing is greater now. the original funding levels, and the ad- at sort of how Henry Kissinger and I think it has a realistic chance of ministration, in good faith, has made George Shultz and Bill Perry have passing next year. up for those. What happened over in framed this concept of moving in that But, more significantly, I think the the House, happened over in the House. direction as an organizing principle. I administration wishes to avoid a full It was not instigated by the adminis- don’t expect it in my lifetime. I doubt debate about the strategic nuclear pol- tration. In fact, the administration has the Senator does. But I wouldn’t vote icy of the United States. If that is suc- countered that and made it clear that against this treaty that provides a win- cessful, then I think the American peo- modernization is necessary as a matter dow into what the Russians are doing, ple will be the losers, as will the secu- of modernizing, in order to keep our ar- provides verification, reduces the rity of the United States. senal viable. threat, and creates stability. I I yield the floor. The second point I wish to make to wouldn’t link the two, and I would The PRESIDING OFFICER. The Sen- the Senator, I hope the Senator does hope the Senator would not. ator from Massachusetts. not vote against this treaty because he I see the Senator from Arizona has Mr. KERRY. I wanted to ask the Sen- thinks somehow this is a step to some arrived. ator before he leaves, it is now 1:30 in irresponsible slippery slide that takes Mr. SESSIONS. May I ask, I believe the afternoon, and we have yet to have us to ‘‘zero’’ nuclear weapons without earlier today the Senator made the one amendment presented to us. I recall of the other things that very intel- point: ognize there is a value to having some ligent, thoughtful statesmen have Make no mistake, we are not going to of these comments help frame it, but it amend the treaty itself. We are willing to ac- talked about in the context of less nu- also can be done in the context of a cept resolutions that don’t kill the treaty. clear weapons. specific amendment. But I should point out to the Sen- I think I understand that. But I do I would ask the Senator if he has an ator, Dr. Henry Kissinger, who is an ad- assert that, as we both know, amending amendment he is prepared to offer that vocate for this concept, not as some- a treaty is not something that is easily could help us move forward? done. So we have to deal with whether Mr. SESSIONS. Well, it is difficult to thing we are going to do tomorrow or in the next, you know, 10 years per- we think the treaty is helpful. We can amend a treaty, as the Senator knows, do some things through the amend- haps, 20 years, 30 years, but as an orga- once it has been signed. There are ment process to make it more palat- nizing principle, as a way of beginning things that can be done. I think, first able and acceptable to people who have to think differently about how we re- and foremost, we need to ask ourselves, concerns. I do not dispute that. But I solve conflicts—because whatever you is this a good thing for the country? do believe that, fundamentally, this do that moves you toward a world of Will it advance our interests? I believe day ought to be about discussing the less nuclear weapons, because we have we need a pretty big discussion about overall strategic impact of the treaty. that and where we stand. to get 67 votes here, clearly would I thank the Senator from Massachu- I know Senator KERRY has been sup- build the kind of consensus that says setts. portive of modernization—I believe you we are doing things that make us safer. Mr. KERRY. I thank the Senator. We have—at least as this treaty has moved So it would have to be accompanied by have incorporated into the resolution forward, if not in the past. And we need the other country’s transparency, by of ratification some 13 different dec- to do that. But I am a bit uneasy that other countries taking part. larations, understandings, and condi- the President is basically saying, if you It would also, I would say to the Sen- tions. We certainly would welcome do not pass my treaty, we are not going ator, almost necessarily have to be ac- more if they are constructive and are to modernize, when I think moderniza- companied by something that today is not duplicitous. We have already ad- tion is critical to the security of our way out of reach, which is a kind of re- dressed the missile defense issue, the country. I also want to know how it straint on conventional weapon growth rail-mobile issue, the verification fits into our overall strategic policy. and involvement and the way in which issue. All of those have been addressed. So that is kind of my biggest con- we try to resolve conflicts between But I welcome and look forward to cern, I say to Senator KERRY. I do not countries. working with the Senator in the next It is no accident that George Shultz, know that the numbers that the treaty days to see if we can do that. takes us to, the reduced numbers them- Bill Perry, and Sam Nunn, as well as I suggest the absence of a quorum. selves are dangerous. Some people say both of the 2008 Presidential nominees, The PRESIDING OFFICER. The they think it is a bit dangerous, but Senator MCCAIN and President Obama, clerk will call the roll. most experts do not think so. I am not have all agreed this is a principle The assistant legislative clerk pro- inclined to oppose a treaty on whether worth trying to move toward. One ceeded to call the roll. it is 1,550 or 1,700 or 1,800. But I think thing is for certain: The road to a re- Mr. MCCAIN. I ask unanimous con- if it is part of a trend to take our num- duced number of nuclear weapons in sent that the order for the quorum call bers down further—perhaps you saw the world, which would reduce the be rescinded. Mr. Hogan’s article saying it ought to amount of fissionable material poten- The PRESIDING OFFICER. Without be 500 or lower. That would make me tially available to terrorists, certainly objection, it is so ordered. very concerned and I think would cause doesn’t pass through a nuclear Tehran. Mr. MCCAIN. Mr. President, we are serious ramifications internationally. So if we are going to have our bona discussing the New START treaty at Would you agree? If this treaty would fides to be able to leverage North this time. I look forward to continued be, say, for 500, it would definitely cre- Korea and Iran, we need to at least debate and discussion on this vital and ate some concern and angst around the prove we can put together a bilateral important national security issue. I world? agreement between the two countries wish to, however, remind colleagues Mr. KERRY. Well, let me say to my that have 90 percent of the world’s nu- that, as with any other issue that re- friend—and I appreciate his desire to clear weapons. lates to this treaty and the Russians, it

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10337 can’t be totally considered in a vacu- televised call-in show would put undue pres- was drawing to a close, new charges um. Events that have transpired in the sure on the judge as he deliberates and ex- were brought against him which were last several years in Russia should posed Putin’s role as a driving force behind then even more blatantly political bring great concern and pause to all of the seven-year legal onslaught. than the previous ones. One of his lawyers, Karinna Moskalenko, us. said Putin’s statements indicate that the Mr. Khodorkovsky, along with Mr. I will speak about the situation in judge will find Khodorkovsky guilty. Lebedev, was charged with stealing all Russia today and specifically the con- In addition to saying Khodorkovsky was of the oil of the company that had been tinued imprisonment of Mikhail guilty of economic crimes, Putin once again so egregiously stolen from them. The Khodorkovsky and his associate, suggested the former oligarch had ordered trial has now concluded. So what will Platon Lebedev, and the imminent ver- the killings of people who stood in his way as happen next? It seems rather clear. dict by a Russian judge to likely ex- he turned Yukos into Russia’s largest oil After spending 7 years in prison, Mr. company. Khodorkovsky, whose oil company tend that imprisonment which was de- Khodorkovsky will likely face many layed from yesterday to December 27. was taken over by the state, has not been charged with any violent crime. more, which I fear is tantamount to a If we needed any more reason to know Putin reminded television viewers that the death sentence. what verdict is coming, this is it. former Yukos security chief was convicted of This case is a travesty of justice for The Russian Government seems to be involvement in several killings. one man, but it is also a revealing com- trying to bury some inconvenient news ‘‘What? Did the security service chief com- mentary on the nature of the Russian by issuing it 2 days after Christmas mit all these crimes on his own, at his own Government today. and after this body will probably be discretion?’’ he said. finished debating the possible ratifica- Putin said Khodorkovsky’s present punish- Yesterday, the Senate voted to take tion of a treaty with the Russian Fed- ment was ‘‘more liberal’’ than the 150–year up the New START treaty. To be sure, eration. Some may see this as evidence prison sentence handed down in the U.S. to this treaty should be considered on its that the Russian Government is ac- disgraced financier Bernard Madoff, who merits to our national security. But it cheated thousands of investors with losses is only reasonable to ask—and I ask commodating U.S. interests and de- estimated at around $20 billion. sires. I would be more inclined to be- my colleagues this question—if Rus- ‘‘Everything looks much more liberal sian officials demonstrate such a bla- lieve that if these prisoners were set here,’’ Putin said. ‘‘Nevertheless, we should free. Until that time, I will continue to presume that Mr. Khodorkovsky’s crimes tant disregard for the rights and legal believe that when Prime Minister have been proven.’’ obligations owed to one of their own Putin says Khodorkovsky should sit in Speaking to reporters afterward, Putin citizens, how will they treat us and the jail, as he said yesterday, that this is said he had been referring to the conviction legal obligations, be it this treaty or exactly the verdict the Russian court in the first case, a distinction he did not any other, they owe to us? make during the televised show. will deliver. What is worse, the sad case of Mi- He insisted the second case would be con- khail Khodorkovsky now looks like The fact is, the political fix has been sidered objectively by the court, but said it in for years on this case. Mr. involved even higher monetary damages one of more modest offenses of corrupt Khodorkovsky built one of the most than the first case, implying no leniency officials ruling Russia today. successful companies in post-Soviet should be shown. I would like to quote from a recent Russia. And while I am under no illu- ‘‘I believe that a thief should sit in jail,’’ article in the Economist dated Decem- sions that some of these gains may Putin said. ber 9, 2010, entitled ‘‘Frost at the core,’’ have been ill-gotten, the subsequent With more than a touch of sarcasm, which I ask unanimous consent to have Khodorkovsky’s lead lawyer, Vadim crimes committed against him by the printed in the RECORD. Russian State have exceeded the Klyuvgant, thanked Putin for speaking his mind ‘‘because it directly and clearly an- There being no objection, the mate- boundaries of human decency, equal swers the question of who, with what aims rial was ordered to be printed in the and lawful justice, and the God-given and with what power is putting pressure on RECORD, as follows: rights of man. the court as the judge is deliberating.’’ [From the Economist, Dec. 9, 2010] I ask unanimous consent to have Judge Viktor Danilkin is scheduled to FROST AT THE CORE printed in the RECORD an article in begin reading the verdict on Dec. 27. Yahoo from yesterday that says ‘‘Rus- If convicted, Khodorkovsky and his part- DMITRY MEDVEDEV AND VLADIMIR PUTIN ARE sia’s Putin: Khodorkovsky ‘should sit ner Platon Lebedev face prison sentences of PRESIDING OVER A SYSTEM THAT CAN NO in jail’.’’ That is what the Prime Min- up to 14 years, which could keep them in LONGER CHANGE prison until at least 2017. ister of Russia said about an ongoing On December 15th, in a small courtroom in Putin has not ruled out a return to the central Moscow, Viktor Danilkin, a softly judicial situation. presidency in 2012, and critics suspect him of There being no objection, the mate- spoken judge, is due to start delivering a ver- wanting to keep Khodorkovsky incarcerated dict. Its symbolism will go far beyond the rial was ordered to be printed in the until after the election. fate of the two defendants, Mikhail RECORD, as follows: The case has been seen as a test for Presi- Khodorkovsky and Platon Lebedev, former [From Yahoo! News] dent Dmitry Medvedev, who has promised to principal shareholders in the Yukos oil com- establish independent courts and strengthen RUSSIA’S PUTIN: KHODORKOVSKY ‘SHOULD SIT pany. Both men have been in jail since 2003 the rule of law in Russia. IN JAIL’ on charges of tax evasion. Their sentences (By Lynn Berry, Associated Press) Mr. MCCAIN. Quoting: expire next year. In order to keep them in prison, the government has absurdly charged MOSCOW.—Russian Prime Minister Vladi- I believe that a thief should sit in jail. them with stealing all the company’s oil. mir Putin declared Thursday that former oil With more than a touch of sarcasm, Neither the first nor the second trial had tycoon Mikhail Khodorkovsky is a proven Khodorkovsky’s lead lawyer, Vadim much to do with the rule of law. But there criminal and ‘‘should sit in jail,’’ a state- Klyuvgant, thanked Putin for speaking his the similarity ends. In 2003 Mr. ment denounced as interference in the trial mind ‘‘because it directly and clearly an- Khodorkovsky personified the injustice and of a Kremlin foe whose case has come to swers the question of who, with what aims inequality of the 1990s, when tycoons wielded symbolize the excesses of Putin’s rule. and with what powers is putting pressure on Putin’s judgment gave ammunition to gov- the court as the judge is deliberating.’’ enormous power over a state that could not ernment opponents who claim Khodorkovsky even pay pensions and salaries on time. In 2003, when Mr. Khodorkovsky be- Seven years on, Mr. Khodorkovsky is a sym- is being persecuted by Putin and his allies. came increasingly outspoken about the Khodorkovsky is serving an eight-year sen- bol of the injustices perpetrated by corrupt tence after being convicted of tax fraud and Russian Government’s abuses of power, bureaucrats and members of the security is awaiting a verdict in a second trial on its growing authoritarianism, corrup- services, who epitomise the nexus between charges of stealing oil from his own oil com- tion, and disregard for the law, he was power and wealth. As Mr. Khodorkovsky said pany that could keep him in prison for many arbitrarily arrested and detained under in his final statement, ‘‘They turned, us, or- more years. political charges. His company was sto- dinary people, into symbols of a struggle Putin was in his first term as president len from him by authorities, and he against lawlessness. This is not our achievement. It is theirs.’’ when Khodorkovsky, then Russia’s richest was thrown in prison through a process The chances that Mr. Khodorkovsky will man, was arrested in 2003 after funding oppo- that fell far short of the universal sition parties in parliament and challenging be found not guilty are slim. If he were, it Kremlin policies. standards of due process. Mr. would be a sign that the system of Vladimir Khodorkovsky’s lawyers and supporters Khodorkovsky was held in those condi- Putin, Russia’s former president and current said Putin’s comments during his annual tions for 7 years, and when his sentence prime minister, was beginning to come

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10338 CONGRESSIONAL RECORD — SENATE December 16, 2010 apart. That system, which tolerates corrup- work not of a maniac but of a well-estab- To keep up his approval rating, particu- tion and violence, has just received the en- lished criminal gang, which has terrorised larly among pensioners and state workers, dorsement of FIFA, which has awarded Rus- the region for nearly 20 years. More than 200 Mr. Putin has had to increase general gov- sia the prize of hosting the 2018 football trained thugs do its work, including dozens ernment spending to nearly 40% of GDP (see World Cup. But its evolution had much to do of murders and rapes. Its boss, Sergei chart). To pay for this he has raised taxes on with Mr. Khodorkovsky’s story. Tsapok, was a deputy in the local council businesses, which are already suffocating In the 1990s, when businessmen bribed the and had links with the chief law-enforcement from corruption and racketeering. While courts, both parties knew they were in the agencies, the tax police and local govern- Russia’s peers in the BRIC group of leading wrong. After Mr. Khodorkovsky’s case, a ment. The gang first emerged in the early emerging economies are coping with an in- judge taking instructions from a bureaucrat 1990s, racketeering and carving up valuable flow of capital, $21 billion fled out of Russia felt he was in the right. The Russian state plots of land. In 2002 it began to ‘‘legalise’’ in the first ten months of the year. Unlike not only flagrantly flouted the law for its and incorporate itself into local state power foreign firms such as Pepsi (see article), Rus- own interests, but also sent a powerful signal structures. sia’s private firms are too nervous to invest to its bureaucracy that this practice was Mr. Tsapok’s agricultural firm received in their own economy. now okay. massive state credits and grants. It em- That economy is growing by less than 4% According to Alexander Oslon, a sociolo- ployed the head of security of the local pros- a year. This would be respectable in many gist who heads the Public Opinion Founda- ecution service as its in-house lawyer. In 2008 Western countries, but as Kirill Rogov, an tion in Moscow, Mr. Putin’s rule ushered in Mr. Tsapok boasted that he was among the economic and political analyst, argues, it is a breed of ‘‘bureaucrat-entrepreneurs’’. They guests at the inauguration of Dmitry not enough to sustain the political status are not as sharp, competitive or successful as Medvedev as Russia’s president, according to quo. When the pie of prosperity was expand- the oligarchs of the 1990s, but they are just Novaya Gazeta, an independent Russian ing, dissension within the elite made no as possessed by ‘‘the spirit of money’’ in Mr. newspaper. The gang ran the region not only sense. However, now that money is scarcer Olson’s phrase, the ideology that has ruled under the gaze of government, but also in its and the world is divided into ‘‘Mr. Putin’s Russia ever since communism collapsed. By stead. friends and everyone else’’, as one business- the end of the 1990s the commanding heights When the chief Russian investigator into man put it, conflicts are inevitable. of the economy had been largely privatised the murders arrived a few days later from A sense of injustice is now growing in by the oligarchs, so the bureaucrat-entre- Moscow, he was besieged by complaints from many different groups. Private businessmen preneurs began to privatise an asset which all over the region. Alexander Tkachev, the and even oligarchs complain about the lack was under-capitalised and weak: the Russian governor, seemed dismayed by all the fuss: of rules and bureaucratic extortion. Middle- state. ‘‘Such a crime could have happened in any class Muscovites moan that officials in their Unlike businessmen of Mr. Khodorkovsky’s part of the region. Unfortunately, such gangs black luxury cars, with their flashing blue type, who made their first money in the mar- exist in every municipality.’’ Despite what lights, push them off the road and occasion- ket, the bureaucrat-entrepreneurs have pros- happened, he remains in his job. ally run them over. People in the north pered by dividing up budget revenues and by In the past such bespredel (extreme law- Caucasus feel they are treated like aliens racketeering. ‘‘Entrepreneurs’’ who hire or lessness) was mostly restricted to Chechnya rather than Russian citizens. Everyone is fed work for the security services or the police and a few other parts of the north Caucasus. up with corruption. have done especially well, because they have But violence has spread, and Kushchevskaya The discontent does not register in Mr. the ultimate competitive advantage: a has caused horror not only because of the Putin and Mr. Medvedev’s joint popularity licence for violence. child victims, but because it presented a ratings, which remain at 70%. But growing No one worries about conflicts of interest; threatening model of a crumbling state. The numbers of the elite feel that the present po- the notion does not exist. (Everyone remem- government used to mask its problems with litical and economic model has been ex- bers the special privileges given to party of- a thick layer of money. But as this layer hausted and the country is fast approaching ficials for serving the Soviet state.) As gets thinner, the problems become more ob- a dead end. ‘‘The problem is not that this re- American diplomats are now revealed to vious. gime is authoritarian, the problem is that it have said, the line between most important A SHRINKING PIE is unfair, corrupt and ineffective,’’ says one businesses and government officials runs Corruption was also excessive in the 2000s, leading businessman. ‘‘Corruption will erode from blurry to non-existent. Putting Mr. but it was compensated for by strong eco- and bring down this system.’’ The paradox is Khodorkovsky in jail, or awarding a large nomic growth and fast-rising incomes. This, that few Russian government officials dis- contract to one’s own affiliated company, and soothing television pictures, created a agree with this. At a recent government-sponsored con- could be justified as a public good. Indeed, sense of stability. But the global financial ference on Russia’s competitiveness, every- more people were in favour of locking up Mr. crisis hit the Russian economy harder than one agreed that the system does not work. Khodorkovsky, even though they knew it that of any other large industrial country, Russian politicians sometimes sound like op- would benefit only a few Kremlin bureau- exposing its structural weakness. As position leaders, and Mr. Medvedev makes crats. Vladislav Inozemtsev, an economist, argues In 1999 the oil price started to climb and pledges as if he were a presidential can- in a recent article, the improvement in liv- didate. If Mr. Putin has stopped lamenting petrodollars gushed into Russia, changing ing standards was achieved at the cost of the mindset of the political class. Mr. Oslon the level of corruption in Russia, as he used massive under-investment in the country’s to, it is only because he believes this is futile points out that the most frequently used industry and infrastructure. In the late So- word in Mr. Putin’s state-of-the-nation ad- and that other countries are the same. viet era capital investment in Russia was In a democracy, such confessions of impo- dress in 2002 was ‘‘reform’’ and its variants. 31% of GDP. In the past ten years Russia’s tence from top officials would probably A few years later the most frequently used capital investment has been, on average, prompt their resignations. In Russia it leads word was ‘‘billion’’. Divvying up those bil- about 21.3% of GDP. (For comparison, the to a discussion of how best to preserve the lions has become the main business in Rus- figure over the same period in China was system. Which tactics work better will be sia. Corruption no longer meant breaking 41%.) the subject of a conversation between Mr. the rules of the game; it was the game. Despite rising oil prices and a construction Putin and Mr. Medvedev when they decide, Unlike private businessmen, who started boom, Mr. Inozemtsev says, in the post-So- probably next summer, which of them will to invest in their core businesses (Yukos viet period Russia has built only one cement become Russia’s next president. As Mr. among them) in the late 1990s, bureaucrat- factory and not a single oil refinery. The So- Putin said, the decision will be made on the entrepreneurs have little incentive to do so. viet Union used to build 700km of railways a basis of what is best for Russia. (‘‘Think of Their wealth is dependent on their adminis- year. Last year, it built 60km. ‘‘We have them as co-heads of a corporation,’’ Mr. trative power, rather than newfangled prop- lived by gobbling up our own future,’’ he ar- Oslon suggests.) The aim is the same, but the erty rights. The profits are often stashed gues. Peter Aven, the head of Alfa Bank, the styles vary. away in foreign bank accounts or quickly largest private bank in the country, thinks Mr. Medvedev calls for innovation and spent: on luxury property in European cap- today is like the late Soviet period: ‘‘Once technical modernisation to revive growth. itals, or on their children’s education in again the main source of wealth is oil and He is appealing through the internet to the British private schools. All this is inevitably gas, which is being exchanged for imported most enterprising people in Russia, and is in- accompanied by anti-Western rhetoric and goods. The state today is no better than viting Russian and foreign scientists to come claims of Russia’s resurgence. Gosplan was in the Soviet Union.’’ and innovate in a specially created zone, THE MESSAGE OF KRASNODAR Russia’s trade surplus is shrinking. As im- called Skolkovo, which would be protected On November 4th, National Unity Day, in ports grow, so does pressure on the rouble. against the rest of the country by a high se- the small town of Kushchevskaya in the The government is now running a budget def- curity wall and honest police. Krasnodar region, eight adults and four chil- icit. Mr. Aven says Russia’s budget balances The president, who is keen to keep his job dren were killed in a house. They were the at an oil price of $123 a barrel. Three years after 2012, will try to persuade Mr. Putin family of a wealthy farmer and his guests. ago it balanced at $30. For all the talk of sta- that it is in the interests of the corporation, The youngest child, nine months old, suffo- bility, only 6% of the population can imagine and of Mr. Putin as one of its main stake- cated when the killers set the house alight. their future in more than five years’ time, holders, for his predecessor not to return to Terrible murders can happen in any coun- which may explain why only 2% have private the Kremlin. He could cite the need for bet- try. This one stood out because it was the pension plans. ter relations with the West to legitimise the

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10339 financial interests of the Russian elite, and young, urban and educated get their news law. Considering the likely outcome of the inefficiency of the security services as a and views from the internet, which remains Mr. Khodorkovsky’s show trial, it is support base. But even if Mr. Putin would largely free of Kremlin propaganda. not surprising that President Medvedev like to retire, can he afford to? Stanislav Belkovsky, a political commen- himself has lamented that his The two men may belong to the same sys- tator, sees a similarity between Russia’s sit- tem and want the same thing, but they are uation and the period of Perestroika reform anticorruption campaign has produced, formed by different experiences. Mr. Putin, under Mikhail Gorbachev in the mid-1980s. in his words, ‘‘no results.’’ despite his belligerence about the 1990s, is As then, a large part of the elite has realised Russians who want better for their the very epitome of that period. He operates that the system is ineffective and is no country and dare to challenge the cor- by informal rules and agreements rather longer willing to defend it. When ordinary rupt bureaucrats who govern it are than laws and institutions. He became presi- people come to share this view, the system is often targeted with impunity. dent at the end of a revolutionary decade, in grave danger. One case that has garnered enormous when the job carried more risks than re- That moment may be some time away: the attention both within Russia and wards. He is cautious, dislikes making deci- Russian economy is more flexible than the around the world is that of Sergei sions and rarely fires anyone, putting loy- Soviet one, the elite is more diverse, the bor- Magnitsky, a tax attorney for an alty and stability above all else. ders are open and there are safety valves to Mr. Medvedev, on the other hand, was in- release dissatisfaction. But as Mr. American investor who uncovered the stalled as president after nearly a decade of Khodorkovsky said in a recent interview theft by Russian officials of $230 mil- stability, when the political landscape was from jail, the tensions between the declining lion from the Russian treasury. Be- cleared of opposition and the coffers were performance of the Russian economy, the ex- cause of Mr. Magnitsky’s relentless in- full of money. He is a stickler for formality, pectations of the population and the corrup- vestigation into this corruption, the though he is a lot less careful, and makes de- tion of the bureaucracy will erode the sys- Russian Interior Ministry threw him in cisions that can destabilise the system—such tem, whoever is president. prison to silence him. He was deprived as firing the previous mayor of Moscow, Yuri With Mr. Putin in power, Russia may suf- of clean water, left in a freezing cell for Luzhkov. But he is also weaker than Mr. fer deep stagnation, but a collapse of the sys- days, and denied medical care. After Putin, and may not be able to hang on to tem would be all the more dramatic. With power. Mr. Medvedev stagnation may be shorter, 358 days of this abuse, Sergei The likeliest outcome is that the two will but his grip on power would be weaker. This Magnitsky died. He was 37. Not only try to preserve their tandem one way or an- may matter little in the long run, but it has the Russian Government held no other. Kremlin officials dismiss talk of dead makes a big difference for Russians living one accountable for his death, several ends as pointless whining and alarmism from now—not least for Mr. Khodorkovsky him- officials connected to Mr. Magnitsky’s liberals. The prevailing view is that the sys- self. imprisonment and murder have actu- tem works and everything will carry on as Mr. MCCAIN. Mr. Khodorkovsky, the ally received commendations. usual. That may be wrong, however. ‘‘Mr. Then there is the tragic case of Rus- Putin can return to the Kremlin technically, Economist writes, is a symbol of the but he cannot do so historically,’’ Mr. Rogov injustices perpetrated by corrupt bu- sia’s last remaining independent jour- argues. His popularity may be buoyant, but reaucrats and members of the security nalist. Last month, Russian journalist the historic period of stabilisation and res- services who epitomize the nexus be- Oleg Kashin, who had written critically toration which he initiated is coming to an tween power and wealth. of a violent youth movement associ- end. Mr. Putin always took great care over The article goes on to describe the ated with the Kremlin, was beaten by symbols, marking the beginning of his rule staggering scale of corruption in Rus- attackers who broke his jaw, both his with the restoration of the Soviet anthem. sia today. legs, and many of his fingers—a clear At the time, it was a symbol of continuity Shortly before his arrest Mr. political message to other writers. and greatness. Today it sounds increasingly No one has been charged for this archaic. Khodorkovsky estimated state corruption at As stability turns into stagnation, Mr. around $30 billion, or 10% of the country’s crime, and writing in the New York Putin is becoming a symbol of the bygone [gross domestic product]. By 2005 the bribes Times this Sunday, Mr. Kashin sug- 2000s. Mr. Medvedev, on the other hand, with market, according to INDEM, a think-tank, gests that no one ever will. his tweets and his iPad, has absorbed hopes had risen to $300 billion, or 20% of GDP. As ‘‘[I]t seems indubitable,’’ he writes, of change among the younger, more restless Mr. Khodorkovsky said in a recent inter- ‘‘that the atmosphere of hatred and ag- set. He has done nothing to justify this; as a view, most of this was not the bribes paid to gression, artificially fomented by the recent editorial in Vedomosti, a Russian traffic police or doctors, but contracts awarded by bureaucrats to their affiliated Kremlin, has become the dominant fact business daily, argued, ‘‘Medvedev is strong in Russian politics, the reset in rela- not because of his deeds, but because he rides companies. tions with the United States and talk an illusion.’’ Nonetheless, the wish for I go on to quote from the Economist: change is real. of economic modernization notwith- Their wealth is dependent on their admin- standing. . . . A man with a steel rod is DISSENTING VOICES istrative power, rather than newfangled standing behind the smiling politicians This is reflected in the media. Glossy life- property rights. The profits are often stashed style magazines are becoming politicised; away in foreign bank accounts or quickly who speak of democracy. That man is one has even put Lyudmila Alexeeva, an 83- spent: on luxury property in European cap- the real defender of the Kremlin and its year-old human-rights activist, on its cover. itals, or on their children’s education in order. I got to feel that man with my The beating-up of Oleg Kashin, a journalist British private schools. own head.’’ from Kommersant, a mainstream newspaper, Unsurprisingly, surveys now show that the Mr. President, I ask unanimous con- troubled the well-heeled more than the mur- young would rather have a job in the govern- sent this entire article be printed in ment or a state firm than in private busi- der of Anna Politkovskaya did three years the RECORD. ago, precisely because Mr. Kashin—unlike ness. Over the past 10 years, the number of There being no objection, the mate- bureaucrats has gone up by 66%, from 527,000 her—did not oppose the regime or write rial was ordered to be printed in the about Chechnya. And recently Leonid to 878,000, and the cost of maintaining such a Parfenov, a stylish Russian TV presenter, state machine has risen from 15% to 20% of RECORD, as follows: caused a scandal when, at an awards cere- GDP. [From the New York Times, Dec. 11, 2010] mony attended by Russia’s most powerful Other figures point to the same con- A BEATING ON MY BEAT media executives, he said that Russian tele- clusion as the Economist. In its annual (By Oleg Kashin) vision reporters have turned into servile bu- index of perceptions of corruption, On the night of Nov. 6, I was attacked by reaucrats. ‘‘Our television’’, he said, ‘‘can Transparency International ranked two young men armed with steel rods. The hardly be called a civic or public political in- assault occurred a few feet from the entrance stitution.’’ Russia 154 out of 178 countries—per- to my house, which is just a 10-minute walk It was not what Mr. Parfenov said that was ceived as more corrupt than Pakistan, from the Kremlin. news, but the fact that he said it at all. He Yemen, and Zimbabwe. The World A month later, I am still in the hospital. used to steer clear of words like ‘‘civic’’ or Bank considers 122 countries to be bet- One of my fingers has been amputated, one ‘‘duty’’, and argue that Russian liberalism ter places to do business than Russia. of my legs and both halves of my jaw have was not found in politics, but in fashion bou- One of those countries is Georgia, been broken, and I have several cranial tiques and Moscow coffee shops. Many which the World Bank ranks as the wounds. According to my doctors, I won’t be young, successful Russians shared his view. 12th best country to do business with. able to go back to my job as a reporter and Mr. Parfenov’s speech reflects a change of columnist at Kommersant, an independent mood among them, as well as a growing in- President Medvedev speaks often and newspaper, until spring. terest in politics. Although state television at times eloquently about the need for A few hours after the attack, President has enormous sway over older Russians, the Russia to be governed by the rule of Dmitri Medvedev went on Twitter to declare

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What is next the two young men will ever be identified or that the atmosphere of hatred and aggres- for me?’’ caught. sion, artificially fomented by the Kremlin, Not long after, he was savagely beaten out- Three theories quickly emerged about who has become the dominant fact in Russian side his home and left to bleed in the snow. was behind the attack—which was, I believe, politics, the ‘‘reset’’ in relations with the His fingers were bashed, and three later had an assassination attempt. The first holds United States and talk of economic mod- to be amputated, as if his assailants had that it was the municipal authorities of ernization notwithstanding. sought to make sure that he would never Khimki, a town between Moscow and St. Pe- A man with a steel rod is standing behind write another word. He lost a leg. Now 52, he tersburg. I had written several articles criti- the smiling politicians who speak of democ- is in a wheelchair, his brain so damaged that cizing a proposed highway between the two racy. That man is the real defender of the he cannot utter a simple sentence. cities that would run through the town, Kremlin and its order. I got to feel that man The police promised a thorough investiga- something the local authorities want but with my own head. tion, but barely looked up from their desks. many residents oppose. Surveillance videos were ignored. Neighbors The second theory is that it was Andrei Mr. MCCAIN. An earlier New York were not interviewed. Information about Turchak, the governor of the Pskov region, Times news story, dated May 17 of this politicians’ displeasure with Mr. Beketov who was upset by a blog posting of mine ar- year, and entitled ‘‘Russian Journal- was deemed ‘‘unconfirmed,’’ according to guing that he had his position only because ists, Fighting Graft, Pay in Blood,’’ de- interviews with officials and residents. of his ties to the Kremlin. scribes the fate of other independent Prosecutors, who had repeatedly rejected And the third theory is that the perpetra- journalists in Russia. One is Mikhail Mr. Beketov’s pleas for protection, took over tors came from Nashi, a youth movement I Beketov, who exposed corruption in a the case, but did not seem to accomplish have criticized. The group’s appearance on much more. Mr. Beketov’s close colleagues the public scene has accompanied a new Moscow suburb. This is what happened said they were eager to offer insights about level, and acceptance, of violence in Russian to him. who in the government had been stung by his politics; members are called ‘‘Nashists’’ by ″Last spring, I called for the resignation of expose´s. But no one asked. their opponents, as a pun on ‘‘fascists,’’ for the city’s leadership,’’ Mr. Beketov said in Eighteen months later, there have been no good reason. one of his final editorials. ‘‘A few days later, arrests. Nashi is closely tied to the Kremlin, which my automobile was blown up. What is next In retrospect, the violence was an omen, founded the group five years ago in response for me?’’ Not long after, he was savagely beginning a wave of unsolved attacks and of- to fears that Ukraine’s Orange Revolution beaten outside his home and left to bleed in ficial harassment against journalists, human could inspire similar uprisings in Russia. the snow. His fingers were bashed, and three rights activists and opposition politicians When newspapers reported that Vasily later had to be amputated, as if his assail- around the region, which includes the Mos- Yakemenko, its former leader and now the ants had sought to make sure he would never cow suburbs, but not the city itself. Rarely, minister for youth affairs, might have been write another word. He lost a leg. Now 52, he if ever, is anyone held responsible. involved in the attack on me, he was granted is in a wheelchair, his brain so damaged that One editor was beaten in front of his home, an unscheduled meeting with Prime Minister he cannot utter a simple sentence. and the assailants seized only copies of his Vladimir Putin. Was this meant to show that articles and other material for the next day’s the authorities didn’t share such a sus- No one has been charged or held re- issue, not his wallet or cellphone. Local offi- picion—or that they didn’t care whether the sponsible for this crime either. cials insisted that he sustained his injuries accusation was true? The same article mentions another while drunk. What strikes me about the theories is that, journalist, Pyotr Lipatov, who was at- Another journalist was pummeled by plain- in each case, the ultimate perpetrator is the tacked while covering an opposition clothes police officers after a demonstration. state. And for some reason that seems ac- It was all captured on video. Even so, the po- ceptable to most Russians: practically no rally. As he was leaving, the article says: lice released a statement saying that he had one here has questioned the right of the hurt himself when he was accidentally state to resort to extra-legal violence to [T]hree men pushed him to the ground and pushed by the crowd. maintain power, even against journalists. punched him repeatedly on the head. ‘‘Even These types of attacks or other means of I don’t mean to compare myself to Anna when I was unconscious, they didn’t let me intimidation, including aggressive efforts by Politkovskaya or Paul Klebnikov, journal- go,’’ Mr. Lipatov said. This beating was re- prosecutors to shut down news media outlets ists who were killed probably because of corded on video by protesters. Mr. Lipatov’s or nonprofit groups, serve as an unnerving their investigative work. But in a way the colleagues used the video to track down the deterrent. And in a few cases in recent years, attack against me is more disturbing. Unlike men who beat him. They were police officers. the violence in the country has escalated most of the reporters who have been at- While Mr. Lipatov, 28, was recovering in the into contract killings. Corruption is wide- tacked in Russia in recent years, I have not hospital, he said two other police officers spread in Russia, and government often func- engaged in any serious investigations into visited and urged him to sign a statement tions poorly. But most journalists and non- corruption or human rights abuses. I have saying that he had provoked the attack. . . . profit groups shy away from delving deeply not revealed any secret documents or irri- Officials later acknowledged that police of- into these problems. tated influential figures with embarrassing ficers had been involved in the attack, but The culture of impunity in Russia rep- material. they still brought no charges. Instead, they resents the most glaring example of the What I have done, though, is criticize raided Mr. Lipatov’s offices, seized com- country’s inability to establish real laws in Nashi. Indeed, all this year I have called at- puters and brought a criminal extremism the two decades since the collapse of the So- tention to the violence that accompanies the suit against him. They asserted that he had viet Union. And this failure radiates group’s every public activity. Even at their sought to foment ‘‘negative stereotypes and throughout society, touching upon ordinary legally sanctioned events the members tram- negative images of members of the security men and women who are trying to carve out ple—and this is no exaggeration; they lit- forces.’’ Fearing for his safety and more lives in the new Russia, but are wary of ques- erally stomp with their feet—portraits of criminal charges, he quit. Russia’s ‘‘enemies,’’ including human rights tioning authority. Russia’s president, Dmitri A. Medvedev, activists, politicians and journalists. Sadly, I could go on and on like this, I also believe they were the organizers of to say nothing of the many unsolved has bemoaned the country’s ‘‘legal nihi- anonymous acts aimed at the opposition: lism.’’ Yet under Mr. Medvedev and Prime murders. So I ask unanimous consent Minister Vladimir V. Putin, it has persisted. fabricated video clips, hacker attacks and that the entire article be printed in the physical assaults. Some of them were sym- And among the major beneficiaries have RECORD. bolic; for example, an unidentified man once been the governing party’s politicians. hit Garry Kasparov, the former world chess There being no objection, the mate- THREATS, THEN A BEATING champion who is an opposition leader, on the rial was ordered to be printed in the Boris Gromov, the governor of the Moscow head with a chess board. RECORD, as follows: region, commanded the 40th Army during But even when there is strong evidence of [From the New York Times, May 17, 2010] the Soviet war in Afghanistan, and his oppo- official Nashi involvement, members have nents believe that he governs with a gen- RUSSIAN JOURNALISTS, FIGHTING GRAFT, PAY gone unpunished. In the summer of 2005 a eral’s sense of order. Mr. Gromov, appointed IN BLOOD group of hooligans with baseball bats in- by Mr. Putin, has in turn seeded local gov- vaded an opposition meeting and savagely (By Clifford J. Levy) ernment with fellow Afghanistan veterans, beat the participants. The police detained KHIMKI, RUSSIA.—Mikhail Beketov had including the Khimki mayor, Vladimir the attackers, and a list of their names, in- been warned, but would not stop writing. Strelchenko. cluding some ‘‘Nashists,’’ appeared in the pa- About dubious land deals. Crooked loans. Mikhail Beketov often referred to Mr. pers. But all of the detainees were imme- Under-the-table hush money. All evidence, Gromov and Mr. Strelchenko as ‘‘army diately released, and the case has never gone he argued in his newspaper, of rampant cor- boots,’’ and did not think much of their hon- to court. ruption in this Moscow suburb. esty.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10341 Mr. Beketov was brawny like a boxer, fast- She said she decided to approach the inves- ‘‘Everyone was against me—the judges, the talking, perpetually late and prone to latch- tigators herself. They questioned her for sev- police, the prosecutors, everyone,’’ he said. ing onto causes. He himself had been an offi- eral hours, asking her about her motivations ‘‘I took over Consensus and Truth because I cer in the army paratroops, but then for getting involved in the case, she said. supported Prime Minister Putin’s call to switched to journalism, working as a war Ms. Zhukova criticized allies of Mr. fight corruption. But look what happened. correspondent in Afghanistan and Chechnya. Beketov and some journalists for assuming The machine here did everything possible to His experiences left him with a distaste for that the attack was related to Mr. Beketov’s defeat us.’’ overbearing military officials. work. PROMISES, BUT NO ARRESTS He established his newspaper, ‘‘Very often, unfortunately, they have pre- After the attacks in Khimki, Khimkinskaya Pravda (Khimki Truth), in sented erroneous information, and misled Solnechnogorsk, Klin and elsewhere, the au- 2006. He wrote regularly about what he con- people regarding the course of the investiga- thorities, apparently concerned that the re- sidered corruption among local officials, who tion,’’ she said. were often members of Mr. Putin’s governing gion had developed a reputation as a danger Governor Gromov and Mayor Strelchenko zone for journalists, vowed to protect them. party, United Russia. declined to be interviewed for this article. He financed the newspaper himself. It had ‘‘Attacks on journalists, naturally, create After the attack, Mr. Strelchenko said he a special resonance,’’ Governor Gromov’s of- a circulation of only about 10,000 copies, but had played no role in it, but also complained it garnered a large following in Khimki, fice said. ‘‘The regional government believes that it was getting too much attention. that every case of an attack on journalists which has a population of 185,000, and the ‘‘I don’t want to say that it was good what surrounding cities, especially after Mr. must be thoroughly investigated.’’ Even so, happened to Mikhail,’’ he said. ‘‘But I want no arrests have been made in any of the Beketov grabbed hold of two topics. you to separate truth from untruth.’’ His articles resonated nationally when he cases. questioned why the city had demolished a ATTACKS ON TWO EDITORS And the harassment has not let up. monument that contained the remains of So- To the north on the M–10 highway from On March 31, The New York Times inter- viet fighter pilots. The work was done to Khimki is a city called Solnechnogorsk, viewed Ms. Zhukova, the spokeswoman for widen a road. where a newspaper, Solnechnogorsk Forum, the investigators, about Mr. Lipatov. The And he relentlessly focused on the fate of was publishing expose´s about how local poli- next day, investigators approached him in the Khimki forest, a pristine expanse of old- ticians were seeking to do away with elec- the central market of Klin and said they ur- growth oaks and wild animals, including elk tions to maintain power. gently wanted to question him about the and boars, improbably close to Moscow. With The newspaper’s editor, Yuri Grachev, is beating, he said. little public notice, the government had 73. In February 2009, several men assaulted The session lasted more than six hours. planned to build a major highway to St. Pe- him as he left his home, putting him in in- Mr. Lipatov said they tried to pressure him tersburg through the forest. Mr. Beketov tensive care for a month with a severe con- to sign a statement saying that he had want- suspected that officials were secretly prof- cussion, a broken nose and other wounds. ed to lead a mob to storm city buildings, iting from the project. Police officials first said he was drunk and thereby justifying the police beating. He said Local officials, unaccustomed to such crit- fell down. Then they said he had been the he declined to do so. icism, lashed out publicly. Privately, Mr. victim of a random robbery, though all that Back in Khimki, a new opposition news- Beketov received phone threats. He asked was taken was a folder with material for the paper, Khimki Our Home, was established to the authorities for help, but was rebuffed, his newspaper’s next issue. The muggers have help continue Mr. Beketov’s work. The editor, Igor Belousov, 50, is a deeply colleagues said. He returned home one day to not been found, and politicians from the gov- religious man. He publishes the Russian Or- discover his dog dead on his doorstep. Then erning party, United Russia, said the attack thodox calendar in his newspaper. Before his car was blown up. had nothing to do with Mr. Grachev’s work. turning to journalism, he was a senior city Instead of investigating the explosion, ‘‘Maybe it was hooligans or maybe it was official, but he resigned because of what he prosecutors opened a criminal inquiry into by chance,’’ said Nikolai Bozhko, the local described as pervasive corruption. his newspaper. His friends said that Mr. party leader, who is also an Afghanistan war Not long after the publication got started, Beketov told them that one city official had veteran. ‘‘The idea that it was ordered—I Mr. Belousov was accused of criminal libel warned him about his articles. don’t believe that.’’ by prosecutors and civil libel by Mayor But he did not relent. ‘‘You can imagine Prosecutors had better luck finding evi- Strelchenko. In February, the police, with- what kind of money the authorities plan to dence that Solnechnogorsk Forum had com- out any notice, arrested him on charges of fleece from this so-called infrastructure,’’ he mitted libel. They have brought charges selling cocaine. Court documents show that wrote about the highway plan. against the paper, aiming to shut it down. the case is based exclusively on the testi- ‘‘For four years, I have observed our au- ‘‘The system will stop at nothing to break mony of a drug dealer from another city who thorities,’’ he said. ‘‘I have closely you,’’ Mr. Grachev said. could not recall basic details of the alleged interacted with many senior officials, in- Farther up the M–10 Highway is Klin, cluding Strelchenko himself. Given how the crime. where an opposition rally was held in March ‘‘We used to have so many journalists here, authorities have collected scandals with 2009 to protest corruption and increases in frightening regularity, I have come to a re- but they have all suffered and have all given utility rates. up,’’ Mr. Belousov said. ‘‘Only I remained, grettable conclusion: They are shameless.’’ As Pyotr Lipatov, editor of an opposition On a November evening in 2008, Mr. and now I am giving up.’’ newspaper called Consensus and Truth, was Beketov was assaulted, most likely by sev- leaving the rally, three men pushed him to Mr. MCCAIN. Russia’s beleaguered eral people, outside his home. He was discov- the ground and punched him repeatedly on political opposition, unfortunately, ered by a neighbor the next day. the head. ‘‘Even when I was unconscious, Even as Mr. Beketov later lay in a coma at fares no better than its journalists. I they didn’t let me go,’’ Mr. Lipatov said. the hospital, he was not safe. A threat was have met a few times this year with This beating was recorded on video by pro- phoned in: We will finish him off. former Deputy Prime Minister Boris His friends and colleagues grew so alarmed testers. Mr. Lipatov’s colleagues used the Nemtsov, who organizes peaceful polit- that they moved him out of the Khimki hos- video to track down the men who beat him. ical rallies to protest a lack of democ- pital to a better, more secure one in neigh- They were police officers. While Mr. Lipatov, 28, was recovering in racy in Russia, a right granted under boring Moscow. the Russian Constitution. But these Both the police and prosecutors found the the hospital, he said two other police officers case tough to crack. visited and urged him to sign a statement rallies are often targeted and violently Yuliya Zhukova, a spokeswoman in the saying that he had provoked the attack. He broken up by Russian authorities. Moscow region for the investigative com- refused. The police then issued a statement. Considering that this is how Russian mittee of the prosecutor general’s office, ‘‘According to Lipatov, filming the meet- officials treat their fellow citizens, it is said the office had conducted a thorough in- ing with his camera, he found himself in the not hard to see a profound connection quiry, but ultimately had to suspend it for middle of a reactionary crowd, was pushed between the Russian Government’s au- and fell to the ground,’’ the statement said. lack of evidence. She said that investigators thoritarian actions at home and its ag- needed to interview Mr. Beketov to make Two videos of the demonstration show a dif- progress, but that his doctors would not ferent sequence of events. gressive behavior abroad. The most allow that. (Mr. Beketov has been unable to Officials later acknowledged that police of- glaring example of this remains in communicate since the attack.) ficers had been involved in the attack, but Georgia. Over 2 years after its inva- Yevgenia Chirikova, a leader of a local en- they still brought no charges. Instead, they sion, Russia not only continues to oc- vironmental group who worked closely with raided Mr. Lipatov’s offices, seized com- cupy 20 percent of Georgia’s sovereign Mr. Beketov on his articles about the high- puters and brought a criminal extremism territory, it is building military bases way, said that she was eager to help, but suit against him. They asserted that he had there, permitting the ethnic cleansing that investigators did not contact her. sought to foment ‘‘negative stereotypes and ‘‘I waited and waited and waited,’’ Ms. negative images of members of the security of Georgians in South Ossetia, and de- Chirikova said. ‘‘I knew that according to forces.’’ nying access to humanitarian mis- the rules, they are supposed to question Fearing for his safety and more criminal sions—all in violation of Russia’s obli- those closest to the victim.’’ charges, he quit. gations under the cease-fire agreement

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10342 CONGRESSIONAL RECORD — SENATE December 16, 2010 negotiated by President Sarkozy. In a Seven years have gone by already since to get away with anything. It is enough to major recent step, President that day. Seven years—quite a long stretch recall art. 108 of the Code of Criminal Proce- Saakashvili even renounced the use of of time, and all the more so—when you’ve dure of the Russian Federation—arresting force to end Russia’s occupation, pledg- spent it in jail. All of us have had time to re- businessmen for filing of tax returns by bu- assess and rethink many things. reaucrats. And yet it is precisely the sabo- ing only to defend nonoccupied Georgia Judging by the prosecutors’ presentation: tage of reforms that is depriving our country in the event of a Russian attack. And ‘‘give them 14 years’’ and ‘‘spit on previous of prospects. This is not patriotism, but yet Russian officials responded hos- court decisions’’, over these years they have rather hypocrisy. tilely and dismissively. begun to fear me more, and to respect the I am ashamed to see how certain persons— I ask my colleagues, when the Rus- law—even less. in the past, respected by me—are attempting sians illegally, in violation of all inter- The first time around, they at least went to justify unchecked bureaucratic behaviour national law, occupy a sovereign na- through the effort of first repealing the judi- and lawlessness. They exchange their reputation—a sovereign nation—and have rec- cial acts that stood in their way. Now— tion for a life of ease, privileges and sops. ognized these two provinces within the they’ll just leave them be; especially since Luckily, not all are like that, and there they would need to repeal not two, but more are ever more of the other kind. international boundaries of Georgia as than 60 decisions. It makes me proud to know that even after independent nations, how in the world I do not want to return to the legal side of 7 years of persecutions, not a single one of are we going to trust them to adhere to the case at this time. Everybody who wanted the thousands of YUKOS employees has a treaty? to understand something—has long since un- agreed to become a false witness, to sell I have met with the people in Georgia derstood everything. Nobody is seriously their soul and conscience. who have been displaced from their waiting for an admission of guilt from me. It Dozens of people have personally experi- homes—the sorrow and the misery in- is hardly likely that somebody today would enced threats, have been cut off from family, flicted on them. President Sarkozy of believe me if I were to say that I really did and have been thrown in jail. Some have France flew in and arranged for a steal all the oil produced by my company. been tortured. But, even after losing their But neither does anybody believe that an health and years of their lives, people have cease-fire. The Russians agreed to it. acquittal in the YUKOS case is possible in a still kept the thing they deemed to be most They are in total violation of it. They Moscow court. important, human dignity. are occupying 20 percent of the country Notwithstanding, I want to talk to you Those who started this shameful case, of Georgia. I think Nicaragua and one about hope. Hope—the main thing in life. Biryukov, Karimov and others, have con- other country have also recognized I remember the end of the ’80s of the last temptuously called us ‘‘entrepreneurs’’ these two ‘‘independent’’ states in century. I was 25 then. Our country was liv- [<>], regarding us as low-lifes, which the Russians are now carrying ing on hope of freedom, hope that we would capable of anything just to protect our pros- be able to achieve happiness for ourselves out ethnic cleansing and stationing perity and avoid prison. and for our children. The years have passed. So who are the low- Russian military. But not to worry, we We lived on this hope. In some ways, it did lifes now? Who is it that have lied, tortured, can trust the Russians to adhere to sol- materialise, in others—it did not. The re- and taken hostages, all for the sake of emn treaties and abide by inter- sponsibility for why this hope was not real- money and out of cowardice before their national law. ized all the way, and not for everybody, prob- bosses? When we consider the various crimes ably lies on our entire generation, myself in- And this they called ‘‘the sovereign’s busi- and abuses of this Russian Govern- cluded. ness’’ [<>]! ment, it is hard to believe that this I remember too the end of the last decade Shameful. I am ashamed for my country. and the beginning of the present, current I think all of us understand perfectly government shares our deepest values. one. By then I was 35. We were building the well—the significance of our trial extends far This does not mean that we cannot or best oil company in Russia. We were putting beyond the scope of my fate and Platon’s, should not work with the Russian Fed- up sports complexes and cultural centres, and even the fates of all those who have eration where possible. The world does laying roads, and resurveying and developing guiltlessly suffered in the course of the not work that way. What it does mean dozens of new fields; we started development sweeping massacre of YUKOS, those I found is that we need a national debate about of the East Siberian reserves and were intro- myself unable to protect, but about whom I the real nature of this Russian Govern- ducing new technologies. In short,—we were remember every day. ment, about what kind of a relation- doing all those things that Rosneft, which Let us ask ourselves: what must be going has taken possession of Yukos, is so proud of through the head of the entrepreneur, the ship is possible with this government, today. high-level organiser of production, or simply and about the place that Russia should Thanks to a significant increase in oil pro- any ordinary educated, creative person, realistically occupy in U.S. foreign pol- duction, including as the result of our suc- looking today at our trial and knowing that icy. The Senate’s consideration of the cesses, the country was able to take advan- its result is absolutely predictable? New START treaty offers a chance to tage of a favourable oil situation. We felt The obvious conclusion a thinking person have this debate, as does Russian ac- hope that the period of convulsions and un- can make is chilling in its stark simplicity: cession to the WTO. Some may want to rest—was behind us at last, and that, in the the siloviki bureaucracy can do anything. conditions of stability that had been There is no right of private property owner- avoid it, but we cannot. achieved with great effort and sacrifice, we ship. A person who collides with ‘‘the sys- I believe we need a greater sense of would be able to peacefully build ourselves a tem’’ has no rights whatsoever. realism about Russia, but that is not new life, a great country. Even though they are enshrined in the law, the same as pessimism or cynicism or Alas, this hope too has yet to be justified. rights are not protected by the courts. Be- demonization. I am an optimist, even Stability has come to look like stagnation. cause the courts are either also afraid, or are about Russia. I often find sources for Society has stopped in its tracks. Although themselves a part of ‘‘the system’’. Should it hope in the most hopeless of places. Mi- hope still lives. It lives on even here, in the come as a surprise to anyone then that khail Khordokovsky has languished in Khamovnichesky courtroom, when I am al- thinking people do not aspire to self- ready just this side of 50 years old. realisation here, in Russia? prison for 7 years, and on December 27, With the coming of a new President (and Who is going to modernise the economy? he will likely be forced to endure many more than two years have already passed Prosecutors? Policemen? Chekists? We al- more. Yet, in a final appeal to the since that time), hope appeared once again ready tried such a modernization—it did not judge in his case, Mr. Khordokovsky for many of my fellow citizens too. Hope work. We were able to build a hydrogen gave one of the more moving speeches that Russia would yet become a modern bomb, and even a missile, but we still can I have heard in a long time. country with a developed civil society. Free not build—our own good, modern television, Mr. President, I ask unanimous con- from the arbitrary behaviour of officials, our own inexpensive, competitive, modern sent that it be printed in the RECORD. free from corruption, free from unfairness automobile, our own modern mobile phone There being no objection, the mate- and lawlessness. and a whole pile of other modern goods as rial was ordered to be printed in the It is clear that this can not happen all by well. itself; or in one day. But to pretend that we But then we have learnt how to beautifully RECORD, as follows: are developing, while in actuality,—we are display others’ obsolete models produced in MIKHAIL KHODORKOVSKY: FULL TRANSCRIPT merely standing in one place or sliding back- our country and an occasional creation of OF HIS FINAL WORDS wards, even if it is behind the cloak of noble Russian inventors, which, if they ever do I can recall October 2003. My last day as a conservatism,—is no longer possible. Impos- find a use, it will certainly be in some other free man. Several weeks after my arrest, I sible and simply dangerous for the country. country. was informed that president Putin had de- It is not possible to reconcile oneself with Whatever happened with last year’s presi- cided: I was going to have to ‘‘slurp gruel’’ the notion that people who call themselves dential initiatives in the realm of industrial for 8 years. It was hard to believe that back patriots so tenaciously resist any change policy? Have they been buried? They offer then. that impacts their feeding trough or ability the real chance to kick the oil addiction.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10343 Why? Because what the country needs is lawlessness, who have set up a business, Mr. KERRY. Mr. President, I want to not one Korolev, and not one Sakharov built a house, achieved success and want to thank and congratulate the Senator under the protective wing of the all-powerful pass it on to their children, not to raiders in from Arizona for his important and im- Beria and his million-strong armed host, but uniform, and finally, those who want to hon- passioned comments about the situa- hundreds of thousands of ‘‘korolevs’’ and ourably carry out their duty for a fair wage, ‘‘sakharovs’’, under the protection of fair not expecting that they can be fired at any tion in Russia regarding the rights of and comprehensible laws and independent moment by corrupt bosses under just about Mr. Khordokovsky, and I would asso- courts, which will give these laws life, and any pretext. ciate myself with those comments. not just a place on a dusty shelf, as they did This is not about me and Platon—at any I would say to him, though, one in their day—with the Constitution of 1937. rate, not only about us. It is about hope for thing. He asked the question, how do Where are these ‘‘korolevs’’ and many citizens of Russia. About hope that to- you trust Russia? That is precisely why ‘‘sakharovs’’ today? Have they left the coun- morrow, the court will be able to protect their rights, if yet some other bureaucrats- this treaty is so important. A treaty is try? Are they preparing to leave? Have they not built on trust. No one taught us once again gone off into internal emigra- officials get it into their head to brazenly tion? Or taken cover amongst the grey bu- and demonstratively violate these rights. that more than in those famous words reaucrats in order not to fall under the I know, there are people, I have named of President Reagan: Trust, but verify. steamroller of ‘‘the system’’? them in the trial, who want to keep us in We do not have verification today. We We can and must change this. jail. To keep us there forever! Indeed, they are sitting here with no verification. How is Moscow going to become the finan- do not even conceal this, publicly reminding We are in a forced position of ‘‘trust,’’ cial centre of Eurasia if our prosecutors, everyone about the existence of a ‘‘bottom- less’’ case file. where we do not necessarily. So the ‘‘just like’’ 20 and 50 years ago, are directly sooner we get this treaty ratified, the and unambiguously calling in a public trial They want to show: they are above the law, for the desire to increase the production and they will always accomplish whatever they sooner we provide a foundation under- market capitalisation of a private com- might ‘‘think up’’. So far they have achieved neath the important questions Senator pany—to be ruled a criminally mercenary the opposite: out of ordinary people they MCCAIN asked; which is, if you cannot objective, for which a person ought to be have created a symbol of the struggle with trust them, you have to have verifica- locked up for 14 years? Under one sentence a arbitrariness. But for them, a conviction is tion. The whole point is, you build a re- company that paid more tax than anyone essential, so they would not become ‘‘scape- lationship even in the worst of times so goats’’. else, except Gazprom, but still underpaid your country—our country—is more taxes; and with the second sentence it’s obvi- I want to hope that the court will stand up to their psychological pressure. We all know stable and more protected. ous that there’s nothing to tax since the tax- During the worst of the Soviet able item was stolen. through whom it will come. I want an independent judiciary to become A country that tolerates a situation where Union, during the worst years of con- a reality and the norm in my country, I want the siloviki bureaucracy holds tens and even frontation, we still built up a series of the phrase from the Soviet times about ‘‘the hundreds of thousands of talented entre- treaties of arms agreements and var- most just court in the world’’ to stop sound- preneurs, managers, and ordinary people in ing just as ironic today as they did back ious other kinds of agreements in order jail in its own interests, instead of and to- then. I want us not to leave the dangerous to try to tamp down the potential for gether with criminals, this is a sick country. symbols of a totalitarian system as an inher- hostility. Our hope is, obviously, that A state that destroys its best companies, we can do that as soon as possible here. which are ready to become global cham- itance for our children and grandchildren. Everybody understands that your verdict pions; a country that holds its own citizens I suggest the absence of a quorum. in this case—whatever it will be—is going to in contempt, trusting only the bureaucracy The PRESIDING OFFICER. The become part of the history of Russia. Fur- and the special services—is a sick state. clerk will call the roll. thermore, it is going to form it for the future Hope—the main engine of big reforms and The bill clerk proceeded to call the generation. All the names—those of the pros- transformations, the guarantor of their suc- roll. ecutors, and of the judges—will remain in cess. If hope fades, if it comes to be sup- history, just like they have remained in his- Mr. KERRY. Mr. President, I ask planted by profound disillusionment—who tory after the infamous Soviet trials. unanimous consent that the order for and what will be able to lead our Russia out Your Honour, I can imagine perfectly well the quorum call be rescinded. of the new stagnation? that this must not be very easy at all for The PRESIDING OFFICER. Without I will not be exaggerating if I say that mil- you—perhaps even frightening—and I wish lions of eyes throughout all of Russia and objection, it is so ordered. you courage! throughout the whole world are watching for Mr. KERRY. Mr. President, I wish to the outcome of this trial. Mr. MCCAIN. This is how Mr. address a couple of points raised by They are watching with the hope that Rus- Khordokovsky saw the broader impli- Senator KYL earlier, and I will address sia will after all become a country of free- cations of his trial: a good number more as the debate goes dom and of the law, where the law will be I will not be exaggerating if I say that mil- forward. Let me be very clear for the above the bureaucratic official. lions of eyes throughout all of Russia and record ahead of time, because he Where supporting opposition parties will throughout the whole world are watching for opened his floor remarks this morning cease being a cause for reprisals. the outcome of this trial. They are watching Where the special services will protect the by asserting we don’t have time to be with the hope that Russia will after all be- able to consider this treaty before the people and the law, and not the bureaucracy come a country of freedom and of the law. from the people and the law. . . . Where supporting opposition parties will end of the year. Then he said that even Where human rights will no longer depend cease being a cause for reprisals. Where the though the START I treaty—which I on the mood of the tsar. Good or evil. special services will protect the people and referred to yesterday and he specifi- Where, on the contrary, the power will the law, and not the bureaucracy from the cally referred to my comments—he truly be dependent on the citizens, and the people and the law. Where human rights will said even though it was completed in 4 court—only on law and God. Call this con- no longer depend on the mood of the tsar— days—maybe 4 plus, slightly—he said it science if you prefer. good or evil. Where, on the contrary, the I believe, this—is how it will be. wasn’t done under the same cir- power will truly be dependent on the citizens cumstances. It didn’t have to compete I am not at all an ideal person, but I am a and the court, only on law and God. For me, person with an idea. For me, as for anybody, as for anybody, it is hard to live in jail, and with other legislation and so forth. it is hard to live in jail, and I do not want to I do not want to die there. But if I have to Well, that is incorrect. So let’s set the die there. I will not hesitate. The things I believe in record straight. But if I have to I will not hesitate. The are worth dying for. On the same day the Senate held a things I believe in are worth dying for. I cloture vote on the START I treaty think I have proven this. That there are still men and women And you opponents? What do you believe of such spirit in Russia is a cause for and votes on two amendments related in? That the bosses are always right? Do you hope. Eventually maybe not this year, to the treaty, on that same day, it believe in money? In the impunity of ‘‘the or next year, or the year after that, but voted on the final passage of a tax bill. system’’? eventually these Russians will occupy The following day, when the Senate Your Honour! their rightful place as the leaders of voted on another amendment related There is much more than just the fates of their nation—for equal justice can be to the treaty, it also agreed to the con- two people in your hands. Right here and ference report on Interior appropria- right now, the fate of every citizen of our delayed, and human dignity can be de- country is being decided. Those who, on the nied, but not forever. tions, passed the DC appropriations streets of Moscow and Chita, Peter and Mr. President, I yield the floor. bill, and debated and held two rollcall Tomsk, and other cities and settlements, are The PRESIDING OFFICER. The Sen- votes on the Foreign Operations appro- not counting on becoming victims of police ator from Massachusetts. priations bill. The following day, it

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10344 CONGRESSIONAL RECORD — SENATE December 16, 2010 completed the final passage vote on the getting very much. Well, I can assure establish limits on those weapons in START treaty. So if our predecessor the Senator from Arizona that the order to achieve that. Senate had the ability to do START I Chairman of the Joint Chiefs of Staff, Predictability is what comes with while it passed three or four other bills the Secretary of Defense, the leaders of this treaty. Transparency is what and held four or five separate votes on our Strategic Command, and others comes with this treaty. Accountability those other items, I think it is very don’t come before the Congress willy- comes with this treaty. Without this clear we have the ability here to be nilly just to say, Hey, do this, because treaty, we don’t have the right to able to do this treaty in the next days. we don’t get anything out of it. Every count their warheads. With this treaty, More importantly, the Senate has single one of them has articulated very we have a specific counting and identi- been considering this treaty not just clearly how they believe this treaty fying mechanism which will provide for for the day and a half we have now strengthens America’s national secu- greater accountability and greater sta- been on it. We went on this treaty yes- rity, advantages our leadership in the bility. terday and some people chose to not world, and positions us to be able to Secretary Gates said very clearly: even come to the floor and talk about deal more effectively with Iran and ‘‘Russia is currently above the treaty it. Now we are back here waiting for North Korea. limits in terms of its numbers.’’ So amendments and no one has yet chosen I have to say to my colleagues, you they are going to have to take down on the other side to come and bring an cede the right to come to the floor of warheads. How could it not be in the amendment. We are ready to vote on the Senate and talk seriously about interests of the United States to have the treaty. Fifty-eight Democratic Iran and North Korea if you can’t talk Russia reduce the number of warheads Senators are ready to vote on the trea- seriously about the ways in which this it has today? ty. The only thing we are waiting for is treaty enhances our ability to be able There are many other reasons. I see the people who say we don’t have time, to put leverage on those countries. Be- my colleague from North Dakota has who haven’t brought an amendment to fore we pushed the so-called reset but- arrived. I will go through a number of the floor. I clearly smell a sort of self- ton with Russia, we didn’t have their these others as the opportunity pre- fulfilling prophecy strategy going on cooperation with respect to Iran. In sents itself later. But I think there are here. But they have to know that when fact, the Russians were very skeptical a host of reasons that are very clear, flights are disrupted next week or peo- about the intelligence we were offering and they are part of the record already ple can’t get home, we are here to do and putting on the table. It wasn’t and we will highlight them as we go business, and I think it will be clear until we sat down with them face to forward, as to what we get out of this why we are not able to. So we are going face and went through that that they treaty and why this is directly in the to stay here. We have made that clear. became alarmed and they began to see, interests of our country, and that is The majority leader has made it clear, indeed, this question of how we respond the only reason the President of the and the President and the Vice Presi- to Iran is deadly serious. As a con- United States is submitting this treaty dent made it clear. We are prepared to sequence of that, Russia joined with to the Senate. We need to pay close at- proceed forward on any amendment the United States. tention to the rationale our military with respect to understandings, dec- I agree with my colleagues, the mere and intelligence community has laid larations, or conditions they wish to fact they are joining us is not a reason out to us of why they would like this bring, and certainly to have a robust to embrace a treaty if the treaty treaty—as Jim Clapper, the head of the debate. doesn’t do all the other things you intelligence community has said, the I will also reiterate that starting in need to provide stability and enhance sooner the better, the quicker, the June of last year, the Foreign Rela- your security. But when it does all sooner, the better. tions Committee was briefed at least those other things and you know the I yield the floor. five times during the talks with the consequences of turning your back on The PRESIDING OFFICER. The Sen- Russians. That is while the talks were all of those achievements is going to ator from North Dakota. going on. So we have a group of Sen- create a negative relationship, you Mr. CONRAD. Mr. President, I come ators almost 60 strong who at one time ought to try to weigh that a little bit. to the floor today to speak in favor of or another over a year and a half have It seems to me when someone’s point of the New START treaty and to do so been following these negotiations very view comes specifically from the eco- strongly. closely. They have been briefed down in nomic engagement, business world, First let me say I have been listening the secure facilities. They have been somebody such as Steve Forbes writes to Chairman KERRY and Senator LUGAR briefed by the negotiators, by the mili- that this is important to the economic discuss this treaty. I think they have tary, by the intelligence community. component of our relationship and to been clear and compelling with respect The Intelligence Committee has that component of the reset button, I to the arguments they have advanced. weighed in. The Armed Services Com- think we can see the breadth of impact I think Senator KERRY has made abun- mittee has weighed in. The National a treaty such as this can have. dantly clear why this treaty is entirely Security Group has had an opportunity Let me say a few more words about in the interests of the United States. to work on this. Since the treaty was what we do get out of this. First of This treaty simultaneously takes submitted, there have been 12 open and all—and this is as significant as any real steps toward reducing the number classified hearings with more than 20 reason there is to be considering this— of nuclear arms in the world while also witnesses. The Secretary of Defense, we get nuclear stability. The fact is recognizing the important role these the Secretary of State, the Joint Chiefs that nuclear stability enhances the re- weapons play in our national defense. of Staff Chairman, the Commander of lationship between the countries so we Above all else, I believe this treaty is the Strategic Command, and the Direc- can do a lot of other things that assist stabilizing, which should be the goal of tor of the Missile Defense Agency have in stabilizing this important relation- any action related to nuclear weapons. all urged us to pass this treaty. ship in a time of crisis. The fact is, as I currently serve as chairman of the The question is beginning to be asked I mentioned earlier—we all know this— Senate ICBM Coalition. North Dakota not why should we do it now; the ques- the United States and Russia possess 90 proudly hosts the only Air Force base tion is why aren’t we doing it now. I percent of the world’s nuclear weapons. in the country that has two nuclear hope we can get some amendments and Any single one of those weapons acci- missions. Minot Air Force Base houses begin to proceed. dentally released, stolen, or the mate- both ICBMs and nuclear bombers. As a At this point I might share a couple rials in them, has the ability to be able result, North Dakotans have a special of other thoughts while we are waiting to destroy any American city. That is appreciation for the awesome power of for a couple of other colleagues who re- a reality today. So both countries have these weapons and their critical role in quested time to speak. Senator KYL decided it is in both countries’ inter- our national security. While most peo- asked the question: What do we get out ests to reduce the dangers that arise ple approach the existence of these of this treaty? He juxtaposed what he when you have misunderstandings or weapons purely from an academic said the Russians get versus what we mistrust without the verification that standpoint, we in North Dakota are get and seemed to imply we are not builds the trust, and it is important to confronted with their reality on a daily

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10345 basis. Still, we as North Dakotans are This treaty also moves our nuclear treaty. That would be my preference. only observers. I assure my colleagues security forward at a more advanced But that is not the reality of the his- there is nothing more sobering than level. Although I doubt we can ever rid tory of these negotiations. visiting a missile facility and talking the world of all nuclear weapons, we Mr. President, some argue the num- with the young men and women who are no longer in the midst of a nuclear ber of total warheads goes too low. stand every day as the sentinels of our arms race, and thank God for that. By However, the treaty allows nearly security, or talking with bomber pilots signaling our commitment to reducing twice as many warheads as launchers. as they prepare to fly halfway around our nuclear arsenal while still main- More important, the number of total the world to patrol the skies for our taining a sufficient and credible deter- launchers available is a far more im- protection, which I was fortunate to do rent, this treaty will advance our in- portant deterrence for our national se- this summer. Let me say parentheti- terests in halting nuclear proliferation. curity than the number of warheads. cally, these young people are extraor- The single biggest threat to our Na- This treaty shows the administration dinary. We can be incredibly proud of tion would be a terrorist organization understands the critical need to main- the young men and women of our mili- with a nuclear weapon. This treaty will tain a sufficient number of launchers tary. The quality of these young people enhance our ability to deter the devel- to assure continued nuclear stability. is extraordinary. These brave men and opment of nuclear weapons by rogue With that said, like many other mili- women live the reality of nuclear de- states, and it will reduce the risk that tary and civilian experts on our nu- terrence and the stability and the secu- nuclear arms races around the globe clear forces, I would be extremely wary rity it brings to our Nation. destabilize regions of the world or cre- of any efforts to further decrease the As we approach this treaty, our first ate opportunities for terrorists to ac- number of our launchers. I have argued consideration must be its implications quire nuclear weapons. repeatedly, as chairman of the ICBM for our ability to maintain deterrence Many treaty opponents argue this caucus, against further reductions at and stability and our overall national treaty may weaken our national secu- this stage. I believe that is a prudent security. My colleagues on the ICBM rity. After closely reviewing their con- position. Coalition and I watched closely cerns and consulting with experts, I do Finally, opponents argue that the ad- throughout the negotiation of this not find their arguments persuasive. ministration has not committed to an treaty. We attended dozens of meetings Let’s look at those arguments in turn. investment in the modernization of our and briefings to understand the im- First, some opponents greatly inflate nuclear weapons and infrastructure. pacts this treaty would have on our na- the importance of a short phrase in the This argument completely ignores the tional security. I even visited Russia nonbinding preamble of the treaty to dramatic increase in the modernization shortly after the treaty was presented argue that it would somehow constrain funding the President proposed in his to the world and met with many of our missile defense abilities. This ig- budget. As chairman of the Senate their top military leadership. After nores the remaining 17 pages of treaty Budget Committee, I can attest to the careful and thorough analysis of this text and 165 pages of protocol text. Let treaty, I can say with confidence that fact that this increase is unprece- me say, I have long favored missile de- dented. This commitment ensures that this treaty will strengthen our na- fense. I have at many times been in the tional security. I have no doubt about the remaining launchers and warheads minority on my own side on that ques- will be reliable and effective in the that fact. There is no question the tion. If I believed this prevented our treaty will reduce the number of event we ever need to launch them. creating a stable and secure missile de- In short, the arguments advanced by launchers that deliver nuclear weap- fense, I would not favor the treaty. those who claim this treaty would hurt ons. This treaty has real cuts to those This treaty doesn’t do that. I think it our national security are not con- forces—cuts that perhaps go even deep- is as clear as it can be. Other than lim- vincing. That is not just my conclu- er than the ICBM Coalition initially iting the conversion of existing ICBM sion; that is the conclusion of former would have liked. But after speaking at launchers to missile defense intercep- Secretaries of Defense and former Sec- length with our military leaders, the tors, which our military leaders have retaries of State from both the Repub- men and women responsible for devel- already said would be more expensive lican Party and the Democratic Party oping the plans for the use of these than building new launchers—and more weapons, it is clear to me the numbers important, in my view—would degrade and previous administrations, as well contained in this treaty remain suffi- our ICBM capability, there are no re- as current and former military officers cient to ensure the success of the nu- strictions on our missile defense—none. who have all publicly stated that this clear deterrence mission. Others argue the treaty will restrict treaty will advance, not harm, our na- They tell me that while absolute future conventional missile capabili- tional security. numbers are important, there is no pre- ties. That is simply not accurate. The Let me say I have two major Air cise number that assures our security treaty fully allows for the use of con- Force bases in my State: Grand Forks and enhances our nuclear stability. ventional missiles. We as a nation are Air Force Base and Minot Air Force The bottom line is that we must main- free to unilaterally decide what con- Base. I spend a significant amount of tain enough launchers to have a cred- ventional capability we want. We also time talking to our top Air Force lead- ible and secure deterrent that pro- hear that Russia’s tactical weapons ership. I have consulted with them motes stability in times of crisis. This should be included in the treaty. I have closely on this matter, as chairman of treaty does that. It not only maintains also been one who has long favored re- the ICBM caucus. I am absolutely per- our nuclear deterrent, but enshrines it strictions on tactical nuclear weapons. suaded by the best military thinking for coming decades. While I recognize the importance of ad- available to me that this treaty is en- Beyond protecting a sufficient, cred- dressing that threat, a strategic arms tirely in the national security interests ible, nuclear deterrent, this treaty ad- treaty, by definition, is not the place of the United States. I believe that is vances our national security in other to debate them. Never in history have clear. ways as well. President Ronald Reagan tactical weapons been included in trea- Mr. President, I am proud of my famously said: ‘‘Trust, but verify.’’ ties aimed at strategic weapons. That record in the Senate on national secu- However, for over a year, we have been hasn’t stopped this Senate from ratify- rity over the past 23 years, especially unable to inspect Russia’s weapons. ing those agreements, nor has it when it comes to our nuclear arsenal. That is not in our interests. It risks de- stopped them for serving our national For generations, the young men and velopments that harm our national se- security interests for decades. women who have served at Minot and curity going undetected or even mis- I am quick to recognize that tactical Grand Forks Air Force Bases have de- understandings that could lead to a na- weapons, at some point, can become a clared peace as their profession, as tional security crisis. This treaty al- strategic issue. The problem we con- they defended the United States from lows us to resume the extensive and in- front is never before in the context of global threats through nuclear deter- trusive inspections that began under a strategic agreement have we included rence. Though they may not be recog- the first START treaty signed by the tactical systems. That is the reality. nized as publicly today as they were 50 first President Bush and ratified by Frankly, I would very much like to years ago, the airmen who stand guard this body on a vote of 93 to 6. have tactical weapons included in this at Minot remain at the vanguard of our

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10346 CONGRESSIONAL RECORD — SENATE December 16, 2010 Nation’s most important military mis- In any event, in addition to the 7,599 the lives of people whose confidence sion. I would never do anything to un- strategic nuclear warheads deacti- has been destroyed or badly shaken. dermine the mission they carry out vated, 791 ICBMs have been destroyed. That is our paramount objective. But every day. These were the missiles on which the at the same time, these problems occur After a careful review and discus- strategic nuclear warheads were lo- in a world that does not necessarily sions with our Nation’s best nuclear cated. So by taking the warheads off of wish us well and is prepared to leave us experts, both those in uniform and the missiles, then taking down the 791 in our domestic economy to work our those who do not wear the uniform, I intercontinental ballistic missiles and problems out while the rest of the am confident this treaty makes our destroying them—and then 498 ICBM world necessarily takes time out. Nation safer and more secure. silos in which these missiles were lo- I am not one who envisions, after all Mr. President, I will strongly support cated were destroyed; 180 ICBM mobile of this time, a nuclear attack using approving this treaty, and I call on my launchers were destroyed; 659 sub- ICBMs and the carriers that we are colleagues to join me in that effort. marine launched ballistic missiles were talking about. I accept the fact, as a I want to conclude as I began, by eliminated, SLBMs; 492 SLBM launch- practical matter, that by and large thanking the chairman and the rank- ers were eliminated; 32 nuclear sub- these weapons are maintained for the ing member for their leadership on this marines capable of carrying and security of the countries involved. But matter. It is in the highest tradition of launching ballistic missiles have been at the same time, it seems to me to the United States Senate. Working to- destroyed; and 155 bombers were elimi- have been prudent throughout the gether in a bipartisan—really non- nated. years to have taken the steps we could partisan—way, Senator LUGAR and We are talking about so-called car- to take the warheads off of the mis- Senator KERRY have provided vital riers. We talk in the treaty about siles, destroy the missiles, destroy the leadership to this body and this coun- maybe 1,550 warheads left, 700 carriers silos, and take up the cable in the try. We are all very deeply in their on both sides. For those who have not fields around them and, in essence, to debt. I express my gratitude to them followed closely these arguments over eliminate a lot of the threat. both for the statesmanlike quality the years, these are the elements that My scoreboard starts out with 13,300 they have brought to this discussion have been aimed at us, and these are nuclear warheads. Whether that was and debate. the vehicles that would have made pos- the precise number, we are not sure. I yield the floor. sible what they were doing. How did we arrive at that number? We The PRESIDING OFFICER. The Sen- Anecdotally, without taking the time literally had boots on the ground. The ator from Indiana is recognized. of other Senators, I will say that dur- subject was discussed frequently today. Mr. LUGAR. Mr. President, as we are ing one of my visits with former Sen- The dilemma I foresee, and I am not waiting for other Senators coming to ator Sam Nunn, from Georgia, we went trying to borrow trouble, is that the the floor, hopefully, to offer amend- to a site in Siberia where, in fact, a boots on the ground, in terms of spe- ments to the new START Treaty, I missile had been taken out of the cifics of the START treaty, ended, as have some interesting information that ground. This was a missile that we we now know, December 5, 2009. Most I think is relevant to our discussion were told had 10 warheads—the mul- of us in the Senate knew of that date. today. tiple reentry vehicle, where you could We lamented the fact that was occur- As has been suggested by other Sen- put multiple missiles on one vehicle. ring. But the fact is, we have not been ators, the so-called Nunn-Lugar coop- We were in the silo. It was like a large able to take action until today’s debate erative threat reduction program, in tube that had an elevator going down. to remedy that. We must do so. operation for the last 19 years, has I don’t know on which floor we finally This is not a question of a discre- made possible, through operations of arrived, but it was a floor in the silo tionary treaty that somehow might be U.S. military and U.S. contractors, where the Russians stayed as guards or held over to a more convenient time. working with their counterparts in as watch officers. What authority they The facts of life are that even the pro- Russia, the destruction of very sizable had was not clear in terms of actually gram I have discovered, the Coopera- amounts of nuclear weapons—threats launching the missile or following the tive Threat Reduction Program, has di- that we took very seriously in 1991, and orders, wherever they may have come minishing results because the Russians that I hope Americans take very seri- from. But the impression I had from are waiting for work on this funda- ously currently. that visit to the silo, before it was de- mental treaty. I have just received a report that, stroyed that very day—and we have In due course, even though we may since October—and that is specifically pictures of it being destroyed in the of- appropriate in our Defense budget, as I during the month of November—we fice. I explain that this is not a nuclear hope we will, substantial moneys for have eliminated eight more SLBMs in weapon being destroyed, it was just a the Nunn-Lugar program next year, Russia. We have secured 10 more nu- silo in the ground. But around a table our ability to continue to work with clear weapon transport trains and neu- at which the Russians who were on the Russian military, Russian contrac- tralized 100-plus more metric tons of duty sat were pictures of American cit- tors outside a situation in which there chemical weapons agent. ies. These were ostensibly the targets is no START treaty, and which the I mention this because I have been of the 10 warheads. It has a chilling ef- Russians may feel there is no expecta- fortunate enough to receive monthly, fect as you go around to discover which tion of a new START treaty, could at least for the last 15 years, similar cities they are. mean the monthly reports I have cited reports. I have a scoreboard in my of- Are they cities that I represent on today, and most specifically the one for fice that, in fact, illustrates, first of the chart? The fact is, that was the in- November of this year, may cease com- all, that 7,599 strategic nuclear war- tent. ing to my office. The number of warheads aimed at the United States have It was made known to us in the heads removed, the number of missiles been deactivated through the coopera- United States that our total popu- destroyed and so forth may simply ei- tive threat reduction program. Each lation—not the occasional nuclear ter- ther stop or we may have no idea what, one of those warheads, as I have point- rorist attack—was at risk. I mention in fact, the Russians have decided to ed out, without being melodramatic, all of this once again not as a melodra- do. may have been sufficient to completely matic presentation on a very serious I appreciate in past debates some of eliminate my home city of Indianap- treaty, but we are talking about some- my colleagues have said—and I think olis. thing that is very fundamental. During they were mistaken, but I understand I take seriously the treaty we are the course of the debate I have heard their point of view—this is Russia’s looking at now, not so much in terms several of my colleagues say—and I problem. Why were American taxpayer of the numbers of reductions the treaty think they are mistaken—that right funds ever involved in helping Russians calls for, but simply even if 1,550 war- now the American people are focused, take warheads off missiles, destroying heads are left on both sides, it is an ex- as we all are, on how to create jobs, missiles, destroying submarines, in istential problem to both of our coun- how to make a difference in the econ- other words to destroy weapons that tries that we need to take seriously. omy, and how to bring new hope into were aimed at us?

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For the Senator KYL who talked about why it actual feel of the hardware—the silo I safety of the Russians who were in- was we might not have gotten them to was in was real. It was not by elec- volved, they require servicing, appar- do an extension of the START I treaty. tronic means that we found it or sur- ently, from time to time. One of the Well, the reality is, it takes all parties veillance of leaks from diplomacy. It reasons why Russians always ask U.S. to be party to that extension. was very real. So was the submarine military and contractors to remove the The fact is, Kazakhstan, Ukraine, base I was invited to visit at Sevmash oldest warheads first was that none of Belarus all dropped out of the nuclear entirely out of the blue during one oc- us have had that much of a history as game, and all those weapons were de- casion in a visit to Russia. to how long these warheads survive posited into Russia. They were all Why was I asked to go there? Because without potential ‘‘accidents,’’ some- party to that original agreement. But they had a feeling, and correctly, that thing that could make a huge dif- Russia made clear to the Bush adminis- if they presented to me the fact that ference in this particular case for those tration, long before President Obama there were in existence then six Ty- who were in proximity to that par- came to power, that they were not phoon submarines, that each one of ticular cave. going to proceed with that same sys- them had 200 missiles, small missiles It is a crucial matter for them and tem anymore, and the reason was, they on them, that even though Tom Clancy for us that we find solutions to this. saw it as a one-sided structure. They finally discovered the Typhoons in the This is why, I believe, there is urgency felt they did not get anything out of it. ‘‘Hunt for Red October’’ story, the Rus- in considering the New START treaty, We were the only ones who got some- sians may have been operating these urgency in doing so right now, as a thing out of it. As long as they were submarines up and down our eastern matter of fact, as rapidly as possible, not getting something, they made us— coast for as long as 20 years, whether and reentering Americans onto the put us on notice, we are not continuing scene in Russia and, in reciprocal man- we knew about it or not—if you saw that one. the submarines, the largest ever pro- ner, accepting Russians who will be in- That said, the new START succeeds duced by any country, and with the 200 terested in our situation. Because this in streamlining verification and track- warheads, there were chip shots into is important for our two countries, and ing procedures, and it creates a new it is important for many innocent peo- New York or Philadelphia or any of our system, a state-of-the-art inspection ple who were never a part of the de- large eastern coast metropolitan system, and very strict reporting signs of these weapons but could, in areas—whether citizens there ever guidelines. The compliance and verifi- fact, be vastly affected in the event knew there was a threat or not is im- cation measures that are in the New that we make a mistake. We will make material. There was—and a very sub- START build on 20 years of verification a mistake if we fail to act promptly, stantial one. Yet the Russians were in- experience, and they appropriately re- knowing what we do about the situa- viting us to consider the destruction of flect the technological advances that tion. these huge submarines because the I yield the floor. have been made since 1991, as well as work is very complex, extraordinarily The PRESIDING OFFICER. The Sen- the difference of relationships between expensive, and it was beyond their ator from Massachusetts. the United States and Russia because abilities at that point. Mr. KERRY. Mr. President, I have of the end of the Cold War. We could take a choice, to leave six said a couple times, during the course So colleagues need to look at those Typhoons in the world that might of our opening comments and subse- changes and measure it against the begin to cruise again, maybe someplace quently, what a privilege it is to be original benchmark, if you will. The else, or work with them to destroy working with Senator LUGAR on this fact is, New START’s enhanced verifi- them. I am here to say that even after treaty. I listened to him talk, as I have cation measures have a five-pronged several years, only three of the six heard before, about his experiences of approach, five different components. have been destroyed. It is an extremely traveling over to Russia and going One, invasive, onsite inspections. complex operation. through the process of establishing this Two, national technical means. We This is why we need to have treaty extraordinary program. But the coun- have always had that, but our national arrangements with the Russians. So try and the world owe him a huge debt technical means have improved signifi- there are formal reasons why their gov- of gratitude for his leadership on this cantly. Without discussing them on the ernment and our government might be issue. His vision, together with Senator floor, I think colleagues are aware of prepared to send our military per- Nunn, has made a global difference, the capacity of our national technical sonnel, our civilian contractors, others and he is properly recognized on a glob- means. who might wish to work with us on al basis for that. Three, unique identifiers that will be projects that we believe mutually are So I thank him for his comments placed on each weapon. We did not important because—and I will give just calling every colleague to focus on this have that before. Now we are going to one more illustration—this is very sub- linkage of the threat reduction pro- have the ability to track each indi- jective. gram to the START agreement and to vidual weapon, warhead, and count But on one occasion, I was surprised, the relationship that comes out of it. I them. That is new. That is increased. although I should not have been, that know Senator INHOFE is here. I want to Regular data exchange. We gain a many nuclear warheads, when they are give him a chance. But I would like to great deal. They gain a great deal. It is removed from missiles, are not de- say a few words before he does about a mutual process of exchanging data, stroyed. It is difficult to destroy a war- the verification. which provides stability and assur- head, very expensive and complex, dan- I think it is important, as we go for- ances for both sides. gerous for the personnel involved in it. ward, to be very clear about the verifi- Finally, prompt notifications of the The Russians did not have very many cation components of this treaty. A movement of any weapons. facilities to do this. So they put many number of colleagues have requested The New START permits up to 18 of these warheads into caves or cav- the verification regime, and we may short-notice, onsite inspections each erns. I was invited into one of these yet have further discussion on it. So year, in order to determine the accu- caverns on one occasion. I saw war- let me make as clear as I can, this racy of Russia’s data and to verify the heads lying there almost like corpses treaty has fully satisfied our intel- compliance. The fact is, this new sys- in a morgue, which is what it reminded ligence community and our military tem is every bit as rigorous as the sys- me of. There were small captions at the community and our stockpile verifica- tem that existed previously. top of each of those corpses, in essence, tion folks as to the verifiability of the In fact, because of the change I de- which at least gave—and the Russians treaty. scribed earlier, the Belarus, Ukraine,

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10348 CONGRESSIONAL RECORD — SENATE December 16, 2010 Kazakhstan change—we had about 70 The PRESIDING OFFICER. The Sen- after the November election, is now a inspection sites previously, and those ator from Oklahoma. Republican-dominated House. We know were the nuclear facilities in each of Mr. INHOFE. Mr. President, I com- we have gained large numbers in the those different countries. But since pliment the Senator from Massachu- Senate. We also know there are several three of them have now denuclearized, setts for his endurance. I appreciate of my good colleagues who are up for the result is, all the former Soviet that. reelection in 2012. I am not sure they Union’s remaining nuclear weapons are I have to say also to the Senator all want to join in all of these issues centralized in Russia, and they are di- from Indiana, my good friend, I am coming up at the last minute. This is vided between 35 nuclear facilities. kind of in a unique position as one who one of them. So we go from 70 facilities that we serves on both the Armed Services and I look at the quotes we have—the used to have to inspect down to 35. the Foreign Relations Committee. I missile defense issue has not been ad- Thus, the decreasing number of annual disagree with most of what was just dressed. I know it would take a lot of inspections from 28 in START I to 18 in stated by the senior Senator from Mas- discussion. There are probably poten- the New START is almost exactly the sachusetts. tially, with the new Congress coming equivalent in terms of those allowed One of the concerns I have had is in in January, 40 or 50 different amend- under START I because we are inspect- that we have so many people who want ments just addressing the missile de- ing fewer places, and the inspectors are to be in on this, who should be in on fense issue. They say: Well, no, this is now allowed to gather more types of this, who have been elected. We have not a problem. But anytime you have a data during those inspections. The new Senators, one who is occupying unilateral statement that was made— United States is also allowed to use na- the chair right now. We have Senators which was made by the Russians early tional technical means, which would be KIRK and MANCHIN. We also have Sen- on—that this treaty can only operate reconnaissance satellites, ground sta- ators-elect BLUNT, BOOZMAN, Portman, and be viable only if the United States tions, ships, all of them, to verify com- MORAN, Lee, Johnson, Hoeven, Ayotte, of America refrains from developing its pliance. The treaty expressly prohibits Paul, and Rubio. All of them have missile defense capabilities quan- tampering with the other party’s na- signed a letter saying: This is very sig- titatively and qualitatively—that has tional technical means. nificant. We really need to be a part of been stated, and it has been stated and Third, Russia has to assign and in- this. This is important. reaffirmed more recently when Sergei form the United States of the specific It is important in a different way to Lavrov said: unique alphanumeric identifiers that me than it is to others. I am opposed We have not yet agreed on this [missile de- are designating the deployed and non- for a number of reasons. I am one of fense] issue and we are trying to clarify how deployed ICBMs and SLBMs and nu- the few bad guys who came out ini- the agreements reached by the two presi- clear-capable heavy bombers. This in- tially and said I opposed it. dents. . . . correlate with the actions taken formation gives us a great deal more We all know what a strategic arms unilaterally by Washington. inside look with respect to the track- reduction act is. Initially, when we had The problem is that when the Amer- ing patterns on Russian equipment two superpowers, it made a lot more ican people look at this, they say that throughout the full life cycle of any of sense to me. Frankly, I look at this, maybe back during the Cold War and those specific systems. and I see the concerns I have. maybe back when we had two super- Fourth, the treaty requires Russia to Verification—that sounds good. Yes, powers, this thing made sense. Frank- regularly provide to the United States we will verify. Yet the number of veri- ly, I was not as supportive of this con- the aggregate data on strategic offen- fications, inspections, is like 18 per cept back then. But there is certainly sive forces, including numbers, loca- year in the New START as opposed to justification for it. tions, and technical characteristics of some 600 over a 15-year period. Where are we today? Right now, we deployed and nondeployed strategic of- Modernization is one thing on which are probably in the most endangered fensive arms. we all agree. We have to modernize. position we have been in as a nation. I Fifth, the New START establishes a But there has to be a way of doing it. say this from the experience I have had comprehensive notification regime al- We haven’t done it yet. on both of these committees. We have lowing us to track the movement of It was 3 years ago that Secretary problems. There are certainly problems Russia’s strategic forces and any Gates said: with North Korea and what they have changes in the status of their strategic No way can we maintain a credible deter- developed in their capabilities, prob- weapons. rent and reduce the number of weapons in lems with Syria, certainly problems The fact is, this agreement employs our stockpile without either resorting to with Iran. Our intelligence says—and it an enormously aggressive, forward- testing our stockpile or pursuing a mod- is not even classified—that Iran would leaning, and effective verification sys- ernization program. have the capability of sending a missile tem, and it has been predicated on dec- That is an area where we all agree. to Western Europe and the Eastern ades of our doing this very thing with How are we going to do that? Right United States by 2015. the same people. This is not new now, I think the generally agreed upon One of the most disturbing things ground we are breaking. We know how number that it would cost over a pe- that happened at the beginning of this to do this. We have built up a certain riod of 10 years would be $85 billion. We administration, a year and a half ago, understanding of each other’s capabili- have right now about $600 million that was when the President came out with ties, each other’s idiosyncracies and re- would be coming up in the next budget his budget and did away with our site sistances. We know how to do this. The cycle. We all know how things work in Poland which was a ground inter- verification system designed for this around here. We can only commit funds ceptor site that would have given us treaty is specifically designed to be for the next cycle. There is no assur- the capability of defending the geog- less complicated, less costly, and more ance at all that we would be able to raphy I just mentioned. They took a effective than the one in the original come through with the other $84.5 bil- risk. It wasn’t easy for Poland or the START treaty. lion in that period. The modernization Czech Republic, in terms of their radar I have a series of quotes, but I want is not set up in a way where we are in system, to almost defy Russia, but our colleague to have an opportunity the current year demonstrating the they were willing to do it. I always re- to speak. I will wait and later share commitment we have to modernize our member being a part of the negotiation with colleagues the number of different fleet. over there when they said: Are you distinguished, respected, long-serving The fact that we are handling this in sure, if we take this bold step, we start personalities within the intelligence a lameduck session—most of the stuff agreeing to build a ground interceptor community—former LTG Jim Clapper we are trying to cram in right now is in Poland that would protect that area, of the Air Force and others—all of what we should have been talking are you sure you will not pull the rug whom have affirmed the ability of this about all year long and have not been. out from under us? I said: Absolutely. I verification system to do the job and They all fall into a category where it had no hint that this would happen, protect the interests of the country. looks as if things are going to change but it did. So in February, right after I yield the floor. in the Senate. We know the House, the new President was inaugurated, of

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Of concerned about these other places. everything is enhanced except defense. course, this is the second part of a two- The threat is there. The threat is real. What is this aversion to trying to re- part constitutional process. I don’t think there are too many people build America’s defense system? Over- The President sent this treaty to the around since 9/11 who don’t know that all, the defense spending cuts in the Senate, along with a transmittal letter the terrorists would in a heartbeat omnibus bill amount to $10.3 billion. dated May 13, 2010, and here we are on come after the United States. That is from the President’s request of December 16, shortly before the Christ- When we have something that is 2011. It includes the $450 million to in- mas holidays and adjournment, taking written in the preamble—statements clude work on the second engine, the up a treaty as important as this. Of have been made over and over again alternate engine. We have already course, under article II, section 2 of the that it would be a violation of this talked about that. We have been dis- United States Constitution, a treaty treaty if we were to enhance our mis- cussing that in the Senate Armed Serv- cannot be ratified without the vote of sile defense system. Yet we know that ices Committee and the House Armed at least two-thirds of the Members of Syria is going to have a capability by Services Committee. the Senate. 2015. To me, that is mind-boggling that We decided, I believe justly—I was on I know everyone—whether they are people could be sitting around here the single engine side of that argument for this treaty, whether they are worrying about this treaty between because of the sheer cost. Yet I know against this treaty, whether they are two countries when I don’t look at the arguments on both sides. We have merely questioning some aspects of the them as being a threat. already done that. We have already de- treaty and are perhaps seeking to Then we have the issue of force struc- bated it. I don’t know why we have to make some modifications—I believe ev- ture. I think we know that not only do come to the floor after we have made eryone is approaching this issue with we have to have a weapon, we have to these decisions and then look at a bill the kind of seriousness and gravity have a way of sending it. We all know that cuts the proposed purchase of the that should be required of a Senator the triad and how they are not being F–35s from 42 to 35. approaching something this serious. enhanced by this. That is my major Let’s remember what happened a But I have to make this observation: concern. year and a half ago. They talked about Here we are, as I said, on December 16, I was against it from the very begin- doing away with the F–22s, which are 2 days—2 days—after having dropped ning. However, this is where we are the only fifth-generation capability we on us a 1,924-page Omnibus appropria- today. We are in the middle of it. I have. The justification was, look what tions bill which calls for the Federal we are doing with F–35s. That is fine. know I keep hearing on the radio: You Government to spend an additional $1.2 But so it is going to be 42. This bill are going to be here until Christmas; trillion. The idea that we would later would cut it down—further cuts. you shouldn’t do that. I will be spend- today take up the issue of funding the ing New Year’s Eve with our troops in So while we are talking about a bill of $1.3 trillion, it throws money at Federal Government and consider this Afghanistan. I am also concerned about Omnibus appropriations bill while we what we are doing here in America. every kind of social engineering, everything you could have except defense. would have to basically detour and lay Why are we waiting? Last year, we The CERP—this program used to be this treaty by the side—this is, to me, waited until Christmas Eve. I always called the commander’s emergency re- just irresponsible. I do not know any remember going home Christmas Eve. lief program. It was one that was my other word to describe it. It happened to fall at the same time. It program. You talk to the commanders We have, in fact, been in session 151 was the worst snowstorm in the history in the field, and they will tell you they days during 2010. That is right. You of Texas and northeastern Oklahoma. I have a capability of taking care of heard me correctly. The Senate has ac- barely made it in time to get home. some of these needs. Whether it used to tually been in session 151 days this Yes, I have 20 kids and grandkids. I be Iraq, now Afghanistan, they can ac- year. I think most people would love to would kind of like to see them at complish so much more if they can do get a paycheck across America and Christmas. These are things we could it right now. That is called CERP. only be expected to show up and do have been doing a long time ago. You They are already bringing the funding their job 151 days a year. wait until the last minute. This is of that down in this bill. I look at over Now, I know when we go back home, when you want to cram things through $1 trillion in funding to implement the we continue to work with our constitu- that the American people don’t want very unpopular health care law. If any- ents, to listen to their concerns and and that should take time. We beat up body is out there thinking this is going otherwise, but my simple point is, this thing on this treaty for long to be an easy lift, I personally think we when the President sends this treaty enough. will be able to defeat this omnibus bill. over on May 13, 2010, and at the same But let’s look at what we should be I think it will be defeated by almost all time, simultaneously, we are being talking about now; that is, running Republicans and a few of the Demo- asked to consider this huge Omnibus government into the next year so we crats, particularly those coming up for appropriations bill of $1.2 trillion— don’t have some type of a stoppage, reelection in 2012. I would hate to be in some 2,000 pages long—the idea that we some type of a crisis on our hands. So a position where I would say: What I would try to jam through or give expe- the liberals have the omnibus bill that am going to run on is the fact that I al- dited consideration to the serious, sub- they have up, a bill that is $1.3 trillion. ready voted to put more than $1 tril- stantive issues being raised by this Here we are talking about we have lion into funding this form of social- treaty is, as I said, poor time manage- come up with $2 trillion—$3 trillion—$2 ized medicine. ment, to say the least, and I think irre- trillion in the first 2 years. This is un- That is where we are right now. I do sponsible. heard of in terms of deficits. Look think we need to take a deep breath I want to raise some of the sub- where we are going right now with $9 and just figure that we have a new Con- stantive concerns I have about the billion more in spending than last year, gress coming in, a new Senate coming treaty on which I know there will be and we thought last year was an abso- in right after January. We will have further discussions. lute disaster. plenty of time to allow other Senators First of all, I would point out that At the same time, where is the spend- who were elected to weigh in on this the treaty does not itself address tac- ing going? We have such things as their very critical issue of the New START tical—— agenda—$1.4 billion for a variety of cli- treaty. Mr. KERRY. Mr. President, will the mate change programs. They are not With that, I yield the floor. Senator yield for a question? going to give up on that. They are The PRESIDING OFFICER (Mr. Mr. CORNYN. Mr. President, I have going to keep coming forth trying to FRANKEN). The Senator from Texas. the floor.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10350 CONGRESSIONAL RECORD — SENATE December 16, 2010 Mr. KERRY. I know. I am just asking under this treaty permit us to sample time ever, by the way—that this pre- if the Senator would yield for a ques- only 2 to 3 percent of the total Russian amble language does not mean any- tion. deployed force and, therefore, it will be thing, does not operate as a constraint Mr. CORNYN. I would be glad, after I impossible—it will be literally impos- on our missile defense programs. get through my remarks, to yield for sible; limited to 10 annual warhead in- But that is not what the Russians some questions. spections over a 10-year treaty—to in- have said. That is not how they read it. Mr. KERRY. I appreciate it. spect all, much less most, of the 1,550 Of course, the Senate has been denied Mr. CORNYN. Mr. President, I would limit on deployed warheads. the negotiating record by which we note, as others have noted, that the So why would we call this a robust could actually clarify what was said by treaty completely excludes consider- verification provision if we are only al- American negotiators and Russian ne- ation of a limitation on tactical nu- lowed to see 2 to 3 percent of the total gotiators in coming up with this lan- clear weapons, even though Russia pos- Russian force? guage. Isn’t that something you would sesses a significant superiority in The New START treaty, unlike its think the administration would want terms of numbers over the United predecessor, permits any number of clarified, if they could clarify it by pro- States for these types of weapons. warheads to be loaded on a missile. So viding this information? But, no, we I would just note that some at the even if the Russians fully cooperated— have been stonewalled and told: You Department of Defense have noted that which I do not believe they have in the cannot have it, Senate, even though the difference between strategic weap- past, nor can be trusted to do so in the under article II, section 2 of the Con- ons and tactical weapons has become future—even if they do cooperate with stitution, you have a constitutional somewhat muddled and less meaningful all of the provisions in the New START duty when it comes to treaty ratifica- in recent decades. I believe a legiti- treaty, these inspections cannot pro- tion. mate cause for concern is why we vide the sort of conclusive evidence I just think it is a very poor way to would exclude tactical nuclear weap- that you would think would be re- do business, to say the least, and ons, that the Russians have numerical quired given the gravity of the poten- causes me to question whether there is superiority of, and not even seek to tial risk. They cannot provide conclu- a uniform understanding of constraints regulate or contain those at all, while sive evidence that the Russians are, in on our missile defense system. Again, we are focused strictly on strategic nu- fact, complying with the warhead you can see that the risk is not just clear weapons, of which the United limit. from Russia, it is much more wide- States would have to cut our current Third, the New START treaty hand- spread, unfortunately, than that. numbers and the Russians not at all in cuffs the United States from deploying Russia has also made a unilateral order to meet the goals of the treaty. new capabilities we need to defend our statement that it claims the right to I would say, secondly, I have con- Nation and our allies from missile at- withdraw from the New START treaty cerns about the treaty’s provisions on tacks. if the United States does, in fact, ex- verification. Of course, President I would just point out that this chart pand our missile defense capability. Reagan was famous for saying we I have in the Chamber demonstrates Doug Feith shed some light on this should trust, but verify when it comes the ballistic missile threat that is pre- issue earlier in an op-ed piece in the to this type of treaty. I would point out sented in a map of Europe and Africa Wall Street Journal. that Brent Scowcroft, in 1997, pointed and Asia. You will notice that Russia Mr. Feith, of course, as you remem- out the importance of when we are ac- is not even on this map. But you will ber, is a former Under Secretary of De- tually reducing the overall number of notice a number of other ballistic mis- fense under the Bush administration, weapons, verification becomes that sile threats that could affect not only and he helped negotiate the Strategic much more important. He said, in 1997: the United States but most certainly Offensive Reductions Treaty, known as Current force levels provide a kind of buff- our allies. This map is a compilation the SORT treaty. He says during those er because they are high enough to be rel- from the Missile Defense Agency based negotiations, the Russians were con- atively insensitive to imperfect intelligence on information from several agencies stantly trying to get the Americans to and modest force changes. . . . As force levin the intelligence community and negotiate away our right to defend our- els go down, the balance of nuclear power can become increasingly delicate and vulner- shows that more than a dozen na- selves from missile attacks. The Bush able to cheating on arms control limits, con- tions—more than a dozen nations— administration rightly rejected those cerns about nondeployed ‘‘hidden missiles’’ have developed or are developing bal- Russian demands, and they got a good and the actions of nuclear third parties. listic missile capabilities. Several of treaty anyway. But the Obama admin- So we need to be extraordinarily these nations are notorious for that— istration, in this treaty, gave Russia careful, even more careful now than North Korea, Iran, and Libya, just to what it wanted when it came to our perhaps we have been in the past with name a few. But we know others, such missile defense, among other conces- regard to the verification measures. as Yemen and Pakistan, have al-Qaida sions as well—a very serious concern, I We know the Russians have taken operatives or other extremist groups would say. every advantage to cheat on previous operating within their borders. The New START treaty has other treaties and to be untrustworthy. Ac- The fact is, we need a robust missile flaws, but even if it was an outstanding cording to the official State Depart- defense capability, not to protect us treaty, I think the gravity of what we ment reports on arms control compli- from Russian ballistic missiles but are about here—in considering this ance, the Russians have previously vio- from ballistic missiles from some of treaty, and reductions in nuclear arms, lated—or are still violating, even as we these other nations that have devel- and trying to make the world a more speak—important provisions of most of oped them, some of whom have groups secure and safer place—that it war- the key arms control treaties to which such as al-Qaida and other terrorist or- rants more careful and deliberate con- they have been a party, including the ganizations there that would love to sideration of this treaty than we are original START treaty, the Chemical get their hands on some of these weap- going to be able to give during this Weapons Convention, the Biological ons and use them against America or lameduck session. Weapons Convention, the Conventional our allies. That is why it makes abso- I have heard people talk about, well, Forces in Europe Treaty, and Open lutely no sense to constrain our future the fact that this is the Christmas sea- Skies. missile defense options in exchange for son—of course, we would all like to be The New START treaty does not reductions in the strategic nuclear with our families. But we recognize the close that gap on verification loopholes weapons of just one country, and that fact that we have important obliga- that the Russians are already exploit- is Russia. tions to perform in the Senate. I think ing or, in fact, evading. Now, some of my colleagues may be all of us are willing to perform those. As my colleague, Senator BOND—who arguing there are no limitations on But the problem is, we have had an is, notably, the vice chairman of the missile defense in the treaty and that election on November 2, and there are Senate Select Committee on Intel- the language in the preamble, which a lot of people, as the Senator from ligence—has told us, the annual 10-war- ties our strategic offensive arms to our Oklahoma said, who were just elected head limit on inspections allowed strategic defensive arms—for the first by the American people who would be

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I ing the most recent election the Amer- ate, and they were outraged by the think what we need to do is do the ican people said they don’t like the di- process, by the back-room negotiations business of the country, and there is rection Washington is heading and and deals that took place in order to plenty of time to do it and still plenty they want us to change. The idea that get over the 60-vote threshold. of time to get home for Christmas if we we would then—after the election So this year I would submit that mil- would spend our time doing that rather takes place but before the new Sen- lions of Americans want just one thing than a lot of delay tactics. ators in Congress are actually sworn from Congress, and that would be a si- Some Senators have also cited an in—try to rush through such important lent night. Let’s pray they get it. If the early statement by General Cart- matters such as this treaty and deny Senator still has a question or two for wright, the Vice Chairman of the Joint them an opportunity, and the voices of me, I would be glad to yield for that Chiefs of Staff, suggesting he had some the people who elected them to be purpose. concern about the numbers. Let me heard, to me, does not speak well of I thank the chair and yield the floor. make clear, here is what General Cart- this process, and I think indeed denies The PRESIDING OFFICER. The Sen- wright said today: ‘‘We need START us the legitimacy of the consent of the ator from Massachusetts. and we need it badly.’’ governed, or certainly many of them. Mr. KERRY. Mr. President, I wish to Now, are you going to listen to Gen- Let’s be clear about what is hap- say to my colleague from Texas, I am eral Cartwright or are you going to lis- pening. We know the administration a little surprised to hear him be quite ten to some of these sort of vague and wants a vote on this New START trea- so harsh about the—I think he used the somewhat similar talking points that ty because they think they have a bet- word ‘‘irresponsible’’—about why we keep coming to the floor without an ter chance of passing it now than when are here in this predicament right now. amendment, without any substantive these new Senators are sworn in on I shouldn’t have to remind him, but in work? January 5. There is no one I have heard this session of Congress there have At this point I ask unanimous con- who has suggested there is a national been more filibusters by his party than sent that at 6 p.m. today, the Senate security threat to the United States at any time from World War I all the resume legislative session and the ma- from delaying the ratification of this way through until the late 1970s. jority leader be recognized at that treaty by a month. No one. I don’t We have nominees waiting to be time. think they could plausibly make such a passed who have sat there for months The PRESIDING OFFICER. Is there contention. who cannot get a vote. When we finally objection? I think there is a little bit of an at- have a cloture vote to get 60 votes to Mrs. BOXER. Mr. President, I rise to tempt to focus our attention away get them out, they get 90, 95 votes in object, and I will not. I just want to from the $1.2 trillion spending tsunami the Senate. They just delay and delay make sure that at 3:30 I will be allowed that was unleashed on Congress just 2 and delay. I am not going to stand here to speak. days ago in which we are told Senator and listen to them come to the floor of Mr. KERRY. We are staying on the REID, the majority leader, is going to the Senate asking why we are trying to START agreement at that time. insist be voted on in just a few days. I do the important business of the coun- Mrs. BOXER. So is 3:30 a good time think a better alternative to that, and try at the last minute because all they or 3:40? certainly a better alternative than to have to do is look in the mirror. That Mr. KERRY. Mr. President, I intend go through this unnecessary drama is all they have to do, and they will see to yield the floor. I ask unanimous con- about government shutdowns, is to why we are here. sent that when I yield the floor, the pass a one-page continuing resolution Then to say we can’t do the impor- Senator from California be recognized. that would keep the government oper- tant business of this treaty in the The PRESIDING OFFICER. Without ating until January or February, at amount of time we have is totally con- objection, it is so ordered. which time these newly elected Sen- tradicted by history of every treaty we Mr. KERRY. Mr. President, I ask for ators and House Members would be have worked on. Earlier today we had a your ruling on the unanimous consent able to participate. It would be the Senator say: Well, we can’t do that. We request with respect to 6 p.m. today we time when we could certainly take up have to—we can’t dual-track. I pointed move to legislative session and the ma- this treaty and give it thoughtful and out that START I, which was a much jority leader be recognized. careful consideration, the kind of de- more complicated treaty, took 41⁄2 The PRESIDING OFFICER. Is there bate and amendment process I think days. On the day they passed it, they objection? our responsibility requires rather than passed two or three other pieces of leg- Without objection, it is so ordered. trying to move it through in this irre- islation. On the day we went to it, we Mr. KERRY. I thank the Chair and sponsible manner. passed a tax bill and an appropriations yield the floor. This omnibus bill I mentioned earlier bill. The PRESIDING OFFICER. The Sen- will no doubt be called up later today, We have reached a new stage in ator from California. perhaps, and be attached to a con- America where we just say something. Mrs. BOXER. Mr. President, I wish to tinuing resolution and then cloture It doesn’t matter if it is based on the thank my chairman of the Foreign Re- filed, asking 60 Senators to agree to truth. Just say it, put it out there, and lations Committee, Senator KERRY, close off debate, denying any oppor- somebody is going to believe it. Some- with whom I have worked closely. I tunity for amendments and the kind of body will pick it up. thank also Senator LUGAR, the ranking consideration I think the American So I regret that. We have been here member, who at times has been my people would want us to have for a $1.2 for a day. We still haven’t had an chair. It does my heart good to see trillion spending bill. amendment, and all this talk about se- them working closely on this matter. I We know Christmas is almost here rious consideration. I am going to re- was also elated to see the test vote we and many Americans look forward to lease a breakdown of who has spoken had on this already. celebrating that important holiday and and for how long because it is inter- I hope that vote, that test vote, is in- reflecting on what comes with the new esting to take a look at what is going dicative of where we are going. We year. I hope our friends on the other on. were almost at 67. My understanding is side of the aisle will reconsider the tac- By the way, why would we have to that one Member wasn’t there to vote. tics they are employing during this read something? I understand we may We should be at 67. I hope we can get lameduck session to try to gloss over have to read the appropriations bill for this done at the earliest opportunity or ignore the important substantive about a day and a half; have the clerk because despite some of the protests of

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I will not read the entire on making sure that every single objec- Reagan, wrote with Sam Nunn, a Dem- statement, but he said this: tion to the New START treaty, every ocrat and former Senator from Georgia . . . for all these reasons, I recommend rati- single problem and challenge was heard whom we all respect on these issues: fication of this treaty. . . . I do not believe and that a lot of this was already Noting the full support of the Secretary of this treaty is an obstacle to a missile defense worked out in the resolution of ratifi- State, the Secretary of Defense, and Chair- program or modernization. . . . A rejection cation. So, hopefully, we can get man of the Joint Chiefs of staff, and fol- of this treaty would indicate that a new pe- through this. lowing our own review of the treaty, we urge riod of American policy had started that would have an unsettling impact on the I have had opportunities, as a mem- the Senate to give its advice and consent to ratification of New START as early as is fea- international environment. ber of the Foreign Relations Com- sible. mittee in particular, to ask national So here you have somebody who has security experts what keeps them up at I hope we don’t have a lot of delay- been deeply involved in foreign rela- night, what is the one thing they worry ing, more delaying tactics around here tions for so many years saying, in es- about. Whether it comes from the CIA because it is not necessary. sence—and I am not quoting him here, I heard colleagues say, What is the or any other place within the intel- but I am summing up what I read, that rush? What is the rush? We have had 7 ligence community, the answer comes it would be a radical departure from months. Senators KERRY and LUGAR back like this: What keeps them up at America’s foreign policy if we were not have bent over backwards and done ev- night is the possibility that a terrorist to do this. could get hold of a nuclear weapon. erything possible to accommodate Sen- James Baker, former Secretary of I have to say, that worrisome possi- ators, such as Senator KYL, who want- State for President George H.W. Bush, bility is on the minds of many Ameri- ed certain assurances on the mod- writes: cans. The New START treaty makes ernization of our nuclear weapons. New START appears to take our country this less likely. Therefore, ratifying They did everything to answer every in a direction that can enhance our national the treaty is in our national interest question. By the way, they will con- security. . . . It can also improve Washing- and, frankly, it is in the interest of the tinue to do that as we get to any other ton’s relationship with Moscow regarding issues. nuclear weapons and delivery vehicles, a re- world. The New START treaty requires lationship that will be vital if the two coun- a 30-percent reduction of deployed stra- This is what James Schlesinger, Sec- retary of Defense for Presidents Nixon tries are to cooperate in order to stem nu- tegic weapons on the Russian and clear proliferation in countries such as Iran American side, with on-the-ground ver- and Ford, said: and North Korea. I agree with Secretary of ification. That is key. It reduces deliv- I think it is obligatory for the United States Defense Bob Gates when he wrote last week ery systems to 800 per side. to ratify New START. . . . For the United in the Wall Street Journal that the new trea- I am not going to speak for very States, at this juncture, to fail to ratify the ty provides verification that has been needed treaty in the due course of the Senate’s de- since START I expired in December. An ef- long, I say to my colleagues who have liberation would have a detrimental effect come here, because so much has been fective verification regime is a critical com- on our ability to influence others with re- ponent of arms control and I believe that the said. I can’t say it any better. So what gard to, particularly, the nonproliferation world is safer when the United States and I am going to do for most of the re- issue. Russia are abiding by one. mainder of my time is quote from peo- So James Schlesinger gets to the I will close with a couple of Demo- ple, Republicans and Democrats, who point of nonproliferation, the worri- cratic individuals who have also joined have been quite eloquent on this issue, some fact that a terrorist or rogue their Republican friends in this. in addition to Senators KERRY and state could get one of these weapons. President Bill Clinton said this: LUGAR. Alan Simpson, an outspoken former It is clear Democrats and Repub- The START agreement is very important Republican Senator from Wyoming, to the future of our national security and it licans alike support this treaty. We said this: is not a radical agreement. This is something hear a lot of talk about not labeling Nothing in the treaty constrains our abil- that is profoundly important. This ought to each other and coming together. Look, ity to develop and deploy a robust missile de- be way beyond party. this is an area where we have come to- fense system as our military planners see fit. He said that a couple days ago. Wil- The idea that this treaty somehow makes gether, and all we have to do is put the liam Perry, we remember well; he was finishing touches on this ratification major concessions to the Russians on missile defense is just simply not true. Secretary of Defense for President and complete this very important work Clinton. He said: that is in front of us. I will quote Pat Buchanan, former In addition to all of our NATO allies White House Communications Director The treaty puts no meaningful limits on for President Ronald Reagan: our antiballistic missile defense program. In supporting this, including those in fact, it reduces restrictions that existed Eastern Europe—which I think is very Richard Nixon would have supported this under the previous START Treaty. I rec- important to note—we have the sup- treaty. Ronald Reagan would have supported ommend ratification. this treaty, as he loathed nuclear weapons port of all of these American leaders on Former Senator Sam Nunn said this: both sides of the aisle. I will read some and wished to rid the world of them. And simply because this treaty is ‘‘Obama’s trea- Delaying ratification of this treaty, or de- of their comments for the RECORD: ‘‘I ty’’ does not mean it is not in America’s in- feating it, would damage United States secu- urge the U.S. Senate to ratify the terest. rity interests and United States credibility START treaty.’’ This is a statement I don’t think I have ever in my life globally. from a few days ago from President quoted Pat Buchanan on the floor. I am He takes the same tack that I am George Herbert Walker Bush. just proving the point that this partaking. He is someone who supports This is from Colin Powell, Secretary ticular issue is extremely bipartisan. It this. The Joint Chiefs of Staff, former of State for George W. Bush: unites everybody, except apparently a strategic nuclear commanders, and our I fully support this treaty and I hope that few of our friends on the other side. intelligence community leadership all the Senate will give its advice and consent Brent Scowcroft, LTG retired, Na- have stated that the treaty is essential as soon as possible . . . [T]his treaty is in the best interest of the United States of Amer- tional Security Adviser to Presidents to our Nation’s security. ica, the best interest of the world, and frank- Ford and George H.W. Bush, said this: I am hopeful the Senate will put our Na- ly in the best interest of the Russian Federa- New START should not be controversial no tion’s security first by providing its advice tion. matter how liberal or conservative you are. and consent to this important treaty. Howard Baker, former Senator, Re- That also makes the point. That was Sam Nunn. publican from Tennessee, said just a Chuck Hagel, a former Republican I will close with two more quotes, few days ago: Senator, made this statement—and I one from Vice President JOE BIDEN: A world without a binding U.S.-Russian will not read the entire statement. He Failure to pass the new START Treaty this nuclear arms control treaty is a more dan- ends it by saying: year would endanger our national security.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10353 We would have no Americans on the ground in the 1970s. It is a credit to the agree- Other supporters of this treaty con- to inspect Russia’s nuclear activities, no ver- ments of past years that the strategic tend that by ratifying New START we ification regimes to track Russia’s nuclear relationship between the United States further enhance our relationship and arsenal, less cooperation between two na- and Russia has evolved to a point leverage with the Russians, with re- tions that account for 90 percent of the world’s nuclear weapons, and no verified nu- where Americans and Russians no spect to the destabilizing threats posed clear reduction. longer fear a war between NATO and by North Korea and Iran. But the Rus- Warsaw powers. sians already recognize the problems We all know Vice President BIDEN The world has changed in many ways was the respected chair of the Foreign posed by these two countries, because for the better as a result of those bilat- Relations Committee, and it was my they are along their borders. The Rus- eral arms reduction efforts. But today, honor to serve with him. sians should not require this treaty as Finally, Secretary of State Hillary the United States and our allies face an incentive to protect their own re- Rodham Clinton said this: emerging and destabilizing nuclear gional interests. threats from rogue nations and Failing to ratify the treaty would not only For these reasons, I remain con- undermine our strategic stability, the pre- nonstate actors who have shown no cerned that by ratifying New START, dictability, and the transparency, but it willingness to follow or accept inter- the Senate would be allowing an out- would severely impact our potential to lead national standards or adhere to non- dated and narrow agenda to constrain on the important issue of nonproliferation. proliferation treaties. our defense flexibilities and capabili- I end where I started. What keeps the While the new START treaty con- ties at the very point in history where intelligence community people up at tinues a historic dialog between two we need a clear-eyed view of the real night is the fear that we don’t wrap our great nations, I am concerned that ne- threats on the horizon. arms around nuclear proliferation, and gotiated language in this treaty—espe- There is no urgent need to ratify New that a weapon gets into the hands of a cially wording in its preamble about START this week, next week, or even terrorist or rogue nation. New START ‘‘existence of the interrelationship be- next year. Given the numerous flaws in is—as our chairman has said many tween strategic offensive arms and this treaty, to say nothing of the times—not a very broad treaty. It is strategic defensive arms’’—may in fact flawed backward-looking process that pretty narrow. It is essential, but it signal a subtle yet troubling return to developed it, it is prudent for the Sen- doesn’t cover that much new ground. It the Cold War linkage between offensive ate to work on ways to improve upon ensures that we are going to have a and defensive weapons. Some dismiss the treaty and how it has been put mutual reduction in these arms that this wording as the flowery language of forth in order to better ensure the stra- we will be able to verify, and it makes diplomats. But words have meaning. tegic interests of the United States and it less likely that we are going to have Treaty language is not filler. I can only to make sure it is fully protected. the type of proliferation that keeps a conclude that this specific commit- Mr. President, my colleagues, our lot of us up at night, including the ment reflects the current thinking of Nation does need a new start in our re- American people, I am sure. We need to the President and his administration, lationship with Russia. It needs a new take steps in this holiday season to- which is a departure from their prede- approach. This treaty represents an old ward peace. We need to take steps cessors in past administrations, and of- approach, based on Cold War relation- every day to make sure that the fers the Russians a reason to leverage ships. In my estimation, it should be threats we face in this difficult world, the treaty to their distinct advantage rejected by this body. with respect to our efforts to improve with all of our challenges, are dimin- I thank the Chair and yield the floor. upon our missile defenses. ished. The PRESIDING OFFICER (Mrs. Once again, I say to my chairman, Even if a treaty such as the New START had a place in today’s world, SHAHEEN). The Senator from New Jer- his leadership has been extraordinary sey. on this. I was beginning to give up hope several key issues are lacking in the treaty that this body should and would Mr. MENENDEZ. Madam President, I that we would be able to get this done. rise in support of a treaty that I actu- He constantly said that we don’t give have to address. One, the treaty does not address Russia’s tactical nuclear ally think is of vital importance to our up, we keep pursuing this. It is the national security, to our national in- right thing to do. And he has done it weapons. Two, this treaty does nothing to address stored warheads. Three, this terests, and to our international rep- with Senator LUGAR by his side. utation in the nonproliferation of nu- This is a good day. I feel good that treaty is silent on rail mobile ICBMs. clear weapons. we are doing this. I feel that the peo- Four, this treaty allows the Russians ple, particularly at this time of the to encrypt and hide missile test data Let me first start off by recognizing year, will feel much better when we get for all new nuclear weapons they de- Senator KERRY, the chairman of our this done in a bipartisan way. I know velop. Foreign Relations Committee, and we will. This treaty places limits on our non- Senator LUGAR, the ranking member. I yield the floor. nuclear conventional global strike They have done an extraordinary job. I The PRESIDING OFFICER. The Sen- weapons—unheard of in the past. This smile as I listen to some of my col- ator from North Carolina is recognized. treaty submits and subjects our Na- leagues say it has not been reviewed Mr. BURR. Mr. President, are we tion’s objectives in missile defense to enough, it has not been vetted enough. working off of already arranged time? the review and approval of the Krem- We have had an incredible number of The PRESIDING OFFICER. There is lin. This treaty ignores the nuclear ca- sessions on the question of what the no operating UC for time at this mo- pabilities, desires, ambitions, and plans treaty contains and flushing out all of ment. of nations and non-nation actors who its points and points of view. In a very Mr. BURR. I thank the Chair. I want seek to undermine and harm U.S. na- bipartisan way, the committee has to make some introductory remarks tional security interests. worked assiduously to bring us to this about the START treaty this after- Many pundits have spoken about the point so that Members can make an in- noon. My real interest lies in the urgent need to get the U.S. inspectors formed decision. So I wish to salute the closed session that will take place on a on the ground in Russia to verify the chairman for his incredible work in later date. But this is an important de- state of their new nuclear weapon sys- that regard. bate. I have deep respect for not just tems and verify compliance. But when The original START treaty expired the chairman but for the ranking mem- one examines the inspection protocols on December 5 of last year, 2009. So as ber. But like all Members, I have a pas- within this treaty, it will be clear that of today, December 16, 2010, it has been sion for this issue. I want to make we must give such advance notification 376 days since the United States lost some general comments at this time and jump through so many multiple the ability to conduct onsite inspec- about it. hoops just to get approval to visit a tions—lost it—not knowing what has The threat of nuclear engagement be- site, by the time an inspection begins happened with those weapons. It has tween the United States and Russia has there is a high likelihood we will only been 376 days since we lost our ability diminished greatly since we began see what the Russians want us to see to monitor and verify Russia’s nuclear arms reduction talks with the Soviets and nothing more. arsenal.

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It remains para- dent has committed to a 10-year, $80 are having better relationships with, mount to continued bilateral coopera- billion plan to modernize our nuclear but we never know what that relation- tion between the United States and infrastructure, which represents a 15- ship will be tomorrow. Good relation- Russia. percent increase over current spending ships are built on firm understandings, For these reasons, START has broad levels. and the treaty creates a firm under- bipartisan support, including support The truth is that the United States standing of our respective obligations. from the Secretaries of Defense and retains overwhelming strike capacity That is why we need to move forward State and National Security Advisers under this treaty. Under this treaty, and ratify START. for a whole host of Presidents—Presi- we will retain 700 deployed launchers Now, I agree, I have heard some of dent Nixon, President Ford, Presidents and 1,550 deployed warheads. Keep in my colleagues suggest that there are Reagan, George H.W. Bush, Clinton, mind the overwhelming strike capacity other nations—namely, Iran and North and George W. Bush. All of those peo- this represents to assure any adversary Korea—that presently present maybe a ple have come together regardless of of a devastating response to any attack greater threat to our security and the their partisan labels or views, and they on the United States or our allies, security of our allies, but that is not all believe this is in our national secu- which is at the heart of our deterrent the point. The point is that the threat rity interest and necessary if we are to posture. In real terms, just to give us a of loose nuclear materials anywhere in show the world that we demand as sense of what this means, we will re- the world—anywhere in the world, much of ourselves as we ask of others. tain enough strike capacity to end civ- So as we press the Iranian and North whether in Russia, Iran, or North ilization as we know it and destroy the Korean Governments to come into Korea—is a major concern. The point is entire ecosystem of the planet—far be- compliance, this treaty demonstrates that the severity of the threat from yond the destructive power of the to all nations that have nuclear aspira- those nations does not diminish the weapons used in Hiroshima and Naga- threat presented by the Russian nu- tions that we are willing to live by the rules; that nonproliferation of nuclear saki. clear arsenal. Those threats in no way Let’s keep in mind that one standard negate the need to continue our non- weapons is not an empty wish but a national policy that is in our national in- nuclear warhead has an explosive force proliferation regime and conclude a equal to 100,000 tons of conventional treaty with Russia and then move on terest and the interests of the world; that our willingness to accede to over- high explosives. The use of 1,000 nu- to continuing to address the serious clear warheads has a destructive power threats presented by Iran and North sight and monitoring of our nuclear weapons and facilities, our willingness of 100 million tons of dynamite and the Korea. ability to darken this planet in a Let me just say that on one of those to reduce our nuclear arsenal in the in- nightmare nuclear winter beyond our two, on Iran, since my days in the terest of global security, and our will- imagination. House of Representatives, I have been ingness to cooperate with willing part- pursuing Iran, well before some people ners is part and parcel of American pol- So any argument to the contrary, looked at Iran as a challenge. When I icy. It is what we believe is right, what any argument that we do not retain an found out the International Atomic we will live by, and what we will de- overwhelming nuclear strike capacity, Energy Administration was taking vol- mand of all nations. is, in my view, a political argument, untary contributions for the United I hope that with respect to global nu- and I believe that some who have come States to help create operational ca- clear security, we can see clear to be and said that we can’t do this—and able to walk and chew gum at the same pacity at the Bushehr nuclear facility, then, in the midst of this discussion, in time. Some have suggested in this I raised those issues and sought to the midst of this treaty debate, I hear Chamber that we can’t do that. We cer- stem the use of U.S. taxpayer dollars omnibus discussions. I cannot believe tainly can. We can ratify START and going for that purpose. So I understand that something that is about the na- continue to press Iran and North about Iran and North Korea, but that tional security of the United States, Korea. does not diminish the importance of making sure future generations of You know, this is the one issue I Americans never face that nuclear win- knowing about this nuclear arsenal. would have hoped we—and we certainly It is true that political developments ter, somehow gets lumped in with all of do in some respects, certainly in some in the past two decades have greatly the other political conversations. of our leadership on the committee, diminished the probability of nuclear I know I have heard the leadership on Senator LUGAR and others—it is the war between our nations. But the fact the other side of the aisle say their one place the Senate has always en- Number 1 goal is for this President to remains that Russia continues to have joyed a bipartisan effort. Put the coun- more than 600 nuclear launch vehicles fail at all costs and to make him a one- try first in the case of all of those in term President. But, my God, I thought and more than 2,700 warheads. It is be- the world and understand that on this cause of those numbers that this this had nothing to do with that. I there is no division. thought this had nothing to do with Chamber needs to do what is in our na- It was Senator Vandenberg, a Repub- that. I would hope that on an occasion tional security interests and ratify lican from Michigan, who once fa- such as this where we are talking START now. We need the ability to mously said: about the Nation’s security, the ability track and verify Russia’s nuclear arse- To me, bipartisan foreign policy means a nal. We need onsite inspections. We mutual effort to unite our official voice at to verify, the ability to understand need the enhanced flexibility of short- the water’s edge . . . what Russia’s nuclear weaponry is all notice inspections of deployed and non- He went on to say: about goes beyond the success or failure of this President. It is about the deployed systems. We need to be able It does not invoke the remotest surrender to verify the numbers of warheads car- of free debate in determining our position. In Nation being able to succeed. ried on Russian strategic missiles. We a word, it simply seeks national security Finally, I have heard a lot of talk need the ability—provided for the first ahead of partisan advantage. about how late this is and that it is al- time in this treaty—to track all ac- But, sadly, I believe the efforts by most Christmas. I certainly want to be countable strategic nuclear delivery some to derail START are politically with my family as much as anybody systems. motivated, putting partisan advantage else, but I have to be honest with you, We need a verification regime. Trust, ahead of national security. Nothing I want my family and I want the fam- but verify. Trust, but verify. We know that protects us from the spread of nu- ily of every New Jerseyan I represent, those words well. They have been spo- clear weapons should be politically mo- of every American for whom I am part ken on this floor many times by many tivated, not in this brave new world. of this Senate to have the security that of our Republican colleagues, some who Let’s be clear. This treaty does not in they will never face that nuclear win- are now willing to turn their back on any way diminish our commitment to ter.

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We have challenging because, time and time I yield the floor. to do it down the road. again, colleagues—particularly on the The PRESIDING OFFICER. The Sen- One colleague came to the floor de- other side of the aisle—have used a pro- ator from Massachusetts. fending the rights of people who are cedure in the Senate—a right they Mr. KERRY. Madam President, I not even sworn in as Senators to some- have, but it is a right that has clearly thank the Senator from New Jersey. how weigh in on this treaty. They are been abused—to filibuster. What that He is a valuable member of our com- not Senators. They may have been means is that which we grew up under- mittee, diligent and articulate on these elected in this election, but they standing as Americans from the day we issues. I appreciate the comments he haven’t taken part in the year-and-a- were in a classroom and we were made, particularly reinforcing the half-long effort of preparing to deal taught about a simple majority rule— comments about the delay. with this treaty. Every Senator here well, here in the Senate, that simple I remind colleagues that earlier the has. All 100 of us walked up to the well, majority of representing the people of Senator from Arizona mentioned it is raised our hands, swore to uphold the the United States, the 300 million peo- sort of unfair to be doing this at the Constitution of the United States. ple, is 51. But under the rules of the same time we are doing something That Constitution gives us the specific Senate, when one Senator wants to ob- else. I remind colleagues that he said responsibility of advice and consent on ject to moving forward, ultimately we START I was completed sort of on its a treaty. That is why we are here at don’t need that simple majority that own, freestanding. I wish to correct the this moment. If I had had my druthers, Americans have come to understand; record. START I did not, in fact, go we would have been here weeks ago, we end up needing 60. Of course, since through freestanding. On the same day but there was always a filibuster, al- neither party possesses those 60 votes, the Senate held the cloture vote on the ways a delay, always some longer pe- we often end up in a stalemate and are treaty on START I, it voted on two riod that some other piece of legisla- not able to move forward. That has amendments related to the treaty, and tion was taking. been used time and time again. I would it also voted on the final passage of a It is important for colleagues to be have to do it over 100 times just for the tax bill. They managed to do two honest about that. We have had 125 clo- one session of the Congress, for the 2 things at the same time. ture motions since January of 2009. years of the Congress, to remind people The following day, the Senate voted That is as many cloture motions as had why it is so late in the process—be- on another amendment related to the been filed between 1919 and 1974, because, time and time again, that proc- treaty. It also agreed on that day to tween World War I and the Vietnam ess has been used to delay. Even when the conference report on Interior ap- war. That is how many cloture motions that process has been broken and the 60 propriations. It passed the DC appro- we had filed since last year alone. In votes have been accomplished, there priations bill. Those are two separate addition, the Republicans came back to have been votes that soar in the 80th or items. And it debated and held two the minority in 2007, and we have had 90th percentile of the Members of this rollcall votes on the Foreign Oper- to file 264 cloture motions to end a fili- body voting to support the proposition. ations bill. Those are four separate buster since 2007. That averages out to But the time was killed. It is the time bills and items dealt with at the same 66 per year. In the first 44 years of the not of the Senate but the time of the time they were dealing with START I. existence of this filibuster rule, it was American people. The following day, it had the final pas- only used about once a year. For 44 Then I have to hear some of my col- sage on the START treaty, in about 4 years, it was used once a year. In the leagues, in the midst of a debate about days-plus-and-a-half, I think. last few years, it has been used 66 a nuclear treaty—understanding that Also, I remind my colleagues, as I times a year. That is why we are here. we are trying to prevent and to verify should have reminded the Senator from That is why we were delayed. the possibility that weapons get out of Texas, 13 times colleagues came on the I, personally, look forward, when we the hands of those who have the au- other side of the aisle to Senator return next year, to seeing us adjust thority over them, among other rea- LUGAR and asked him to slow down the that rule. I respect the rights of the sons to have this treaty—talk about process of the legislation piece of the minority because I know that is what the omnibus. Well, I just find it beyond treaty because of the need to work on the Founding Fathers intended. But my imagination, especially when col- modernization. We did that. Again, col- nobody intended that we have to vote leagues who are railing about on that leagues came to us. Way back last sum- twice to get to a bill, filibuster on the are part of asking for hundreds of mil- mer, we were prepared to move the motion to proceed, filibuster on the lions of dollars in earmarks in the om- treaty out of committee so we wouldn’t substance. It simply doesn’t make nibus. Then they come and say: Oh, wind up in this situation. Guess who sense, and the American people do not this is a terrible thing, and the treaty came to us and said: No, it would be support it. It negates the fundamental is being brought up at the same time, better if we had a little more time. Our concept of majority rule. I am willing and somehow we should not be able to friends on the other side of the aisle to take my lumps, but I think there is move to this treaty because of that said: Please don’t do that vote. I think a way to not necessarily undo it com- issue, even though what they rail it would be better for the treaty if we pletely and still create responsible ac- against is what they have blatantly took our time. So we provided another tion in the Senate. participated in. This issue is too impor- 6 weeks to file questions, get answers, Since President Obama took office tant—too important to be wound up in work on modernization, pull people to- last year, the Senate has had rollcall that. gether. Frankly, it was a constructive votes on 62 nominations. Of those 62, 27 In the end, the purpose of this treaty process. I am not suggesting it didn’t were confirmed with 90 votes or more; and of U.S. efforts to thwart other na- provide some benefits. But we accom- 23 were confirmed with 70 votes or tions from going nuclear is to ensure modated a request to slow it down to more. That means that of the 62 nomi- that future generations will not live meet the needs of our friends on the nations, fully 60 of them were con- with the specter of a nuclear winter other side of the aisle. Then, subse- firmed with more than 70 votes. Over 80 and the destruction of civilization as quently, when there were potential percent of the nominations we have we know it. complaints that it would be politi- taken votes on have passed with over- We have an opportunity to move— cizing the Senate and this treaty to whelming support, and almost all of and I would hope move quickly—to do have the vote and this debate before those votes, many of them anyway, what is right, to ratify START, and the election—we could have done that, took place only after an extraor- lead the world by example. By leading but we didn’t want the treaty to get dinarily lengthy delay. Many of these the world by example, then we can also caught up in the election process—we nominations sat on the calendar for

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10356 CONGRESSIONAL RECORD — SENATE December 16, 2010 over 100 days while people waited for strategic nuclear balance between the United The Eastern European leaders see the Senate to act. States and Russia. this the same way. And they, after all, On average, the Senate has taken Donald Rumsfeld told the Foreign are the ones more directly threatened more than five times longer to confirm Relations Committee in 2002: by those weapons. Poland’s foreign a circuit court nomination after it was I don’t know that we would ever want to minister wrote, on November 20, our favorably reported by the Judiciary have symmetry between the United States NATO allies see ‘‘New START is a nec- and so forth. and Russia. Their circumstance is different essary stepping-stone to future nego- I don’t want to chew up all our time and their geography’s different. tiations with Russia about reductions going through that, but the record What he is referring to is the vast in tactical nuclear arsenals, and a pre- should be fundamentally clear that no- gulf of the Atlantic Ocean and then requisite for the successful revival of body is rushing anything here. The Western Europe that is in between Rus- the Treaty on Conventional Forces in START treaty debate, the original sia and us and the whole original tac- Europe.’’ The Secretary-General of START treaty began on September 28, tical decision of Russia in terms of the NATO said the same thing. He said 1992, and amendments were proposed. Warsaw Pact versus NATO that existed that we need ‘‘transparency and reduc- As early as the first day of the debate, for so many years in the course of the tions of short-range, tactical nuclear they were debating amendments. There Cold War. weapons in Europe. . . . This is a key were two votes on amendments on the I don’t want to be mistaken by my concern for allies. . . . But we cannot second day of debate. On the third day, colleagues on the other side. Yes, we address this disparity until the New there were three amendments, and want to limit Russia’s nuclear tactical Start treaty is ratified.’’ they ratified the treaty. We ought to weapons. But a desire to limit those I hope our colleagues will stand with be able to move here. tactical weapons is not a reason to re- our allies and stand with common I wish to add a couple thoughts ject the START treaty. Frank Miller, sense and ratify this treaty so we can quickly on the subject of the tactical who was a senior NSC staffer in the get to the issue of tactical nuclear nukes. A number of Senators have ex- Bush administration, testified to the weapons. pressed concern about why this treaty I yield the floor. Arms Services Committee on July 22: The PRESIDING OFFICER. The Sen- doesn’t deal with tactical nuclear I believe this Treaty is properly focused on weapons. All of us would agree, you ator from North Dakota. the strategic forces of both sides. . . . The Mr. DORGAN. Madam President, have to acknowledge upfront there is tactical forces are clearly a political and first of all, let me say that there are an asymmetry, an imbalance between military threat to our allies. . . . But I think big issues and small issues, some of the numbers of tactical weapons that throwing this treaty away because we substantial consequence, others that the Russians have and have deployed haven’t gotten our hands on the tacticals is not the way to approach this. I think we are of minor importance that are de- and what we have. Remember, first, we bated here on the floor of the Senate. needed to replace the original START have to go after the tacticals separately. That is exactly what President This is one of those big issues, one of agreement in order to get verification significant importance, not just to us measures back into place in order to Obama, Vice President BIDEN, Sec- retary Clinton, and the rest of our but to the world. While we get involved take the steps then necessary to go to in a lot of details in this discussion, sort of the next tier. Secretary Clinton military establishment want to do, but they want the START treaty as the the question to be resolved in all of the and Secretary Gates explained for the efforts that are made here dealing with foundation on which to build that ef- record: nuclear weapons is, Will we be able to fort to try to secure something in A more ambitious treaty that addressed find a way to prevent the explosion of terms of tactical weapons. tactical nuclear weapons would have taken a a nuclear weapon in a major city on We should pursue a treaty on tactical lot longer to complete, adding significantly this planet that will kill hundreds of nuclear weapons, one that can give us to the time before a successor agreement, in- thousands of people? cluding the verification measures, could adequate transparency about how The answer to that question comes enter into force following START’S expira- many Russia has and that ultimately tion in December 2009. from efforts about whether we are able reduces that number. to stop the spread of nuclear weapons, Their fundamental judgment was, Let me say to my colleagues on the to keep nuclear weapons out of the yes, we want to get there, but START other side, that is precisely why we put hands of terrorists and rogue nations, itself helps you get there. If we sit into the resolution of ratification dec- and then begin to reduce the number of without those verification measures in laration 11, which says: nuclear weapons. place that come with START, we make The Senate calls upon the President to Let me read, for a moment, from it much harder to actually reach the pursue, following consultation with allies, an Time magazine in 2002. It refers to agreement we are trying to get to on agreement with the Russian Federation that something that happened exactly 1 the tactical. The logic said: Get this would address the disparity between the tac- month after 9/11, 2001—the terrible at- agreement back into place. Revitalize tical nuclear weapons stockpiles of the Rus- sian Federation and of the United States and tack that occurred in this country by the cooperation on arms control. That terrorists that murdered over 3,000 will empower you subsequently to be would secure and reduce tactical nuclear weapons in a verifiable manner. Americans. able to achieve your goal. One month later, October 11, 2001, We address the issues of tactical nu- That is not something the Obama ad- something happened. It was described clear weapons, and it was not an over- ministration dreamed up. I emphasize in Time magazine because it was not sight. It was a calculated, tactical de- that to our colleagues on the other side readily known around the rest of the of the aisle. The very respected former cision to lay the foundation, renew the country what had happened. Let me Secretaries of Defense, Secretary Bill relationship with Russia, renew our read it: arms control understandings, and lay Perry and Secretary Jim Schlesinger, For a few harrowing weeks last fall— the foundation to be able to reach an were part of a bipartisan commission. Referring to October 2001— They reported that the first step they agreement. That is what Secretary Gates said when he testified before the a group of U.S. officials believed that the thought necessary was to deal with worst nightmare of their lives, something this. They knew nuclear tactical weap- Armed Services Committee on June 17. even more horrific than 9/11, was about to ons were an issue. But they also knew He said: come true. In October, an intelligence alert our military leaders made it clear they We will never get to that step [of reduc- went out to a small number of government didn’t need actual parity on those tions] with the Russians on tactical nukes if agencies, including the Energy Department’s weapons. Secretary Gates and Admiral this treaty on strategic nuclear weapons is top secret Nuclear Emergency Search Team not ratified. based in Nevada. The report said that terror- Mullen both stated, in response to a ists were thought to have obtained a 10-kil- question: Secretary Gates, appointed by Presi- dent Bush, said clearly: If we do not oton nuclear weapon from the Russian arse- Because of the limited range of the tac- nal and planned to smuggle it into New York tical weapons and very different roles from ratify this treaty, we do not get to the City. The source of the report was a mer- those played by strategic nuclear forces, the treaty on tactical nuclear weapons. curial agent code named dragonfire, who in- vast majority of Russian tactical nuclear So I think the imperative could not telligence officials believed was of ‘‘undeter- weapons could not directly influence the be more clear. mined’’ reliability. But dragonfire’s claim

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10357 tracked with a report from a Russian general I have—and I will not show it—in my things we should be so proud of having who believed that his forces were missing a desk a hinge from a missile silo that done. I am sure Senator LUGAR—I have 10-kiloton nuclear device. was in the Ukraine that contained a not talked to him about this—but I am Detonated in lower Manhattan, a 10- missile with a nuclear weapon on its sure he regards it as one of the signifi- kiloton nuclear bomb would kill about tip aimed at the United States of cant accomplishments of his career, 100,000 civilians and irradiate 700,000 America. It is not there anymore. Sun- the Nunn-Lugar program. more, flattening everything—every- flower seeds grow where a missile once As a result of that program, the thing—for a half a mile in diameter. resided. Because of Nunn-Lugar, the Ukraine, Kazakhstan, and Belarus are And so counterterrorist investigators American taxpayers and, especially, now free of nuclear weapons. Think of were on their highest alert. importantly, arms negotiations that that—free of nuclear weapons. Albania I continue the quote: work. We know this works. This is not has no more chemical weapons. Madam ‘‘It was brutal,’’ a U.S. official told Time a theory. We know it works to reduce President, 7,500 nuclear warheads have magazine. It was also a highly classified and the number of nuclear weapons by en- been deactivated as a result of this pro- closely guarded secret. Under the aegis of gram. The weapons of mass destruction the White House’s Counterterrorism Secu- gaging in negotiations and discussions. rity Group, part of the National Security I have heard lots of reasons for us not that have been eliminated: 32 ballistic Council, news of the suspected nuke was to do this: too soon; not enough infor- missile submarines, 1,400 long-range kept secret so as to not panic the people of mation; not enough detail; more need nuclear missiles, 906 nuclear air-to-sur- New York. Senior FBI officials were not even for consideration—all of those things. I face missiles, 155 bombers that carried in the loop. Former mayor Rudolph Giuliani have always talked about Mark Twain nuclear weapons. said he was never told about the threat. In It is not hard to see the success of who said the negative side of a debate the end, the investigators found nothing and this. I have shown before—and will never needs any preparation. So I un- concluded that dragonfire’s information was again—the photographs of what Nunn- false. But few of them slept better. They had derstand it is easy to come to the floor Lugar means and its success. You can made a chilling realization: If terrorists had, saying: Do not do this. Do not do this. argue with a lot of things on this floor, in fact, managed to smuggle a nuclear weap- But it is those who decide to do things but not photographic evidence, it on into a city, there was almost nothing any- who always prevail to make this a one could have done about it. seems to me. Shown in this photograph safer country when you are talking is the explosion of an SS–18 missile silo Here is the number of nuclear weap- about weapons policies, nuclear weap- that held a missile with a nuclear war- ons on this planet. The story I just ons, and arms reduction. head aimed very likely at an American read was about one small nuclear weap- Let me describe why we should do on, a Russian 10-kiloton nuclear weap- city. this. First of all, this was negotiated The silo is gone. The missile is gone. on. There are roughly 25,000 nuclear over a long period of time with the in- weapons on this Earth. I just described The nuclear warhead is gone. There are terests of our country at heart and now sunflower seeds planted. It is such the apoplectic seizure that occurred with substantial negotiation. I was on over the potential of one 10-kiloton nu- an important symbol of the success of the National Security Working Group clear weapon missing, potentially ac- these kinds of agreements. here in the Senate, and we sat down in quired by a terrorist, smuggled to New This next photograph shows the secret briefings on many occasions, York City, to be detonated in one of Nunn-Lugar program eliminating a Ty- having the negotiators themselves our largest cities. phoon class ballistic missile sub- Russia has about 15,000 nuclear weap- come back and say to us: Here is what marine. ons, the United States about 9,000, we are doing. Let us explain to you We did not track it in the deep wa- China a couple hundred, France several where we are in the negotiations. This ters of some far away ocean and decide hundred, Britain a couple hundred; and treaty did not emerge out of thin air. to engage it and succeed in the engage- the list goes on. All of us were involved and had the ment. We did not do that at all. We Now the question is, What do we do ability to understand what they were paid money to destroy this submarine. about all that? Will we just waltz along doing. I have the ground-up copper wire in a forever and believe that somehow, They negotiated a treaty, and we little vial in this desk from a sub- some way, we will be lucky enough to needed to negotiate that treaty be- marine that used to carry missiles make sure nobody ever explodes a nu- cause the circumstances that exist now aimed at America. clear weapon in the middle of a city on are that we do not have, given the pre- Here is an example of what happened this Earth? Because when they do, all vious treaties’ expiration, the capa- under Nunn-Lugar, dismantling a life on this planet is going to change. bility to know what the other side is Blackjack bomber. We paid to have What do we do about that? My col- doing—the inspection capability. that bomber destroyed. We did not leagues say, let’s ratify the START Let me describe who supports this shoot it down. We did not have to. treaty. I fully agree. And there is so treaty. Every former Secretary of Now this START agreement. ADM much more that needs to be done be- State now living, Republican and Dem- Michael Mullen, the Chairman of the yond that. The work that has been ocrat: Kissinger, Shultz, Baker, Joint Chiefs of Staff—I want everybody done here on the floor of the Senate by Eagleburger, Christopher, Albright, to understand this because there are my colleagues Senator KERRY and Sen- Powell, Rice—all of them support the some people coming to the floor say- ator LUGAR is extraordinary work. treaty. They say it is the right thing ing: Well, from a military standpoint, Senator LUGAR is here, and I do not for this country, it is important for us this might leave us vulnerable, short of know that he has been here previously to do. what we should have. The Chairman of when I have done this—and people are Let me put up especially the com- the Joint Chiefs of Staff says: tired of my doing it, but it is so impor- ment of Henry Kissinger because he I, the Vice Chairman, and the Joint Chiefs, tant—I have always kept in my desk a said it this way: as well as our combatant commanders around the world, stand solidly behind this small piece of the wing of a Backfire I recommend ratification of this treaty. new treaty, having had the opportunity to . . . It should be noted I come from the bomber that was given to me. Senator provide our counsel, to make our rec- hawkish side of the debate, so I am not here LUGAR is responsible for this. This is ommendations, and to help shape the final advocating these measures in the abstract. the piece of a wing of a Backfire bomb- agreements. er. No, we did not shoot it down. Sen- He said: We stand behind this treaty, representing ator LUGAR did not shoot it down, nor I try to build them into my perception of the best strategic interests of this country. did our Air Force. We sawed it up. We national interest. I recommend ratification Finally, with respect to the issue of sawed the wings off the bomber. of this treaty. funding, I want to make some points How did that happen? It was done by I just mentioned my colleague Sen- about that because I chair the sub- a the Nunn-Lugar Cooperative Threat ator LUGAR. He had a partnership with committee that funds nuclear weapons Reduction Program in which we actu- our former colleague, Senator Nunn, here in the Congress. There has been ally paid to destroy a Soviet bomber. It and it is properly called Nunn-Lugar, some discussion that there is not makes a whole lot more sense than and we have talked a lot about it. I ample funding here for modernization being engaged in warfare to shoot down have talked about it many times on of our current weapons programs. That this bomber. the floor of this Senate. It is one of the is not the case. It is not true.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10358 CONGRESSIONAL RECORD — SENATE December 16, 2010 Let me describe where we are with billion more. And we have people com- spread of nuclear weapons, one day we respect to funding, and let me predi- ing to the floor who have previously will all wake up and we will read a cate that by saying Linton Brooks was talked about the difficulty of the Fed- headline that someone has detonated a the former NNSA Administrator; that eral debt, $13 trillion debt, $1.3 trillion nuclear weapon somewhere on this is, he ran the program dealing with nu- annual budget deficit, choking and planet and killed hundreds of thou- clear weapons, the nuclear weapons smothering this country in debt. They sands of people in the name of a ter- complex. Here is what he said: are saying, you know what, we don’t rorist act. When that happens, every- START, as I now understand it, is a good have enough money. We are getting 10- thing about life on this planet is going idea on its own merits, but I think for those percent increases, plus $4 billion; still to change. That is why it is our respon- who think it is only a good idea if you only not enough, we want more. And the sibility. We are the leading nuclear have a strong weapons program, this budget people who run the place say, I would power on Earth. We must lead in this ought to take care of that. have killed to get a budget like that. area. I have been distressed for 10 years He said: Someplace somebody has to sober up at what happened in this Senate on the Coupled with the out-year projections, it here in terms of what these numbers Comprehensive Test Ban Treaty. This takes care of the concerns about the com- mean. I swear, if you play out the num- country never should have turned that plex, and it does very good things about the bers for the next 5 years, the commit- down. We did. We are not testing, but stockpile, and it should keep the labs [the ment this administration has made for we still should have been the first to National Laboratories] healthy. the life extension programs and the ratify the treaty. He says: ‘‘I would have killed for this modernization programs for our exist- The question now is, Will we decide kind of budget.’’ I would have killed for ing nuclear weapons stock—there is no to not be assertive and aggressive on this kind of budget. This is the man question we have the capability to cer- behalf of arms control treaties we have who understands the money needed to tify that our nuclear weapons program negotiated carefully that have strong make sure our stockpile of nuclear is workable and that we ought to have bipartisan support? Will we decide that weapons is a stockpile you can have confidence in it. is not important? I hope not. It falls on confidence in. I don’t understand how this debate our shoulders here in the United States So this notion that somehow there is has moved forward with the notion of America to lead the world on these an underfunding or a lack of funding that somehow this is underfunded. It is issues. We have to try to prevent the for the nuclear weapons life extension not at all. In fact, there is funding for issues of Korea and Iran and rogue na- programs and modernization programs buildings that have not yet been de- tions and the spread of others who is sheer nonsense. signed. We don’t ever do that. In fact, want nuclear—we have to keep nuclear Let me describe what we have done. the money for the nuclear weapons pro- weapons out of the hands of those who As I said, I chair the subcommittee gram was the only thing that was would use them. Then we have to con- that funds these programs. The Presi- stuck in at the last minute in the continue to find ways to reduce the num- dent in his budget proposed robust tinuing resolution. All the other gov- ber of nuclear weapons on this Earth. funding. While most other things were ernment programs are on a continuing My colleague talked about tactical nu- held constant—very little growth, in resolution which means they are being clear weapons. This doesn’t involve many cases no growth at all; in some funded at last year’s level, except the tactical nuclear weapons. I wish it did, cases, less funding than in the past— nuclear weapons program. That extra but it doesn’t. We have to get through the President said for fiscal year 2011, money was put in, in the continuing this in order to get to limiting tactical he wanted $7 billion for the life exten- resolution. Why? To try to satisfy nuclear weapons. The Russians have sion programs and modernization for those who apparently have an insatia- far more of them than we do, and the the current nuclear weapons stock, and ble appetite for more and more and quicker we get to that point of negoti- that is because people are concerned if more spending in these areas. We are ating tactical weapons, the better off we were to use our nuclear weapons, spending more than at any other time we are. are we assured they work. Well, you and so much more than anybody in the In conclusion, I was thinking about know what. I don’t mean to minimize world has ever spent on these things. how easy it is to come to the floor of that, but the fact is we have so many So nobody should stand up here with the Senate and oppose. The negative nuclear weapons, as do the Russians any credibility and suggest this is un- side never requires any preparation. and others, that if one works, unfortu- derfunded. It is not. It is not. The peo- That is the case. Mark Twain was nately, it would be a catastrophe for ple who understand and run these pro- right. Abe Lincoln once was in a debate this world. In fact, if they are used, it grams know it is not, yet some here with Douglas and Douglas was pro- will be a catastrophe. But having said are trying to shove more money into pounding a rather strange proposal that, the proposal was $7 billion. That these programs for buildings that that Abe Lincoln was discarding and he was a 10-percent increase over fiscal haven’t even been designed yet. We called it ‘‘as thin as the homeopathic year 2010. have never done that before. People soup that was made by boiling the So then the President came out with know better than that. shadow of a pigeon that had starved to a budget for the fiscal year we are now Another issue: They say, Well, this is death.’’ going to be in and he said, All right, in going to limit our ability with respect Well, you know, I come here and I lis- response to the people in the Senate— to antiballistic missile systems. It does ten to some of these debates. I respect there were some who were insisting on not. That has long been discredited. everybody. I do. Everybody comes here much more spending—he said, All There is nothing here that is going to with a point. But I will tell you this: right, we did a 10-percent increase for limit that. They say, Well, but the Those who believe this is not in the in- that year on the programs to mod- Russians, they put a provision in that terest of this country, those who be- ernize our existing nuclear weapons says that they can withdraw because of lieve we are not adequately funding our stock, and we will go to another 10-per- missile defense—yes, they put that in nuclear weapon stock, those who be- cent increase for next year, fiscal year the last START agreement as well. It lieve this is going to hinder our ability 2012. So we have a 10-percent increase, doesn’t mean anything to us. It is not for an antiballistic missile system that and another 10-percent increase. part of what was agreed to. There is would protect our country, that is as I was out in North Dakota traveling nothing here that is going to limit us thin as the homeopathic soup described down some county highway one day with respect to our antiballistic mis- by Abraham Lincoln. It is not accu- and was listening to the news and they sile programs to protect this country rate. described how money from my Appro- and to protect others. This is bipartisan. It is important for priations Committee was going to be It is so difficult to think this is some the country. We ought to do this soon- increased by another $4 billion for the other issue. It is not. One day some- er, not later. next 5 years. I am thinking, that is in- body is going to wake up if we are not Let me conclude by saying, the work teresting, because nobody has told me smart and if we don’t decide that our done by my two colleagues is strong, about that: $4 billion added to this; highest priority is to reduce the num- assertive, bipartisan work that builds first 10 percent, then 10 percent, now $4 ber of nuclear weapons and stop the on some very important work for the

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10359 last two decades, Senator KERRY and strike all after the enacting clause and in the environment in which the agency is oper- Senator LUGAR—I don’t know whether insert in lieu thereof the following: ating, with appropriate notification of Congress. ‘‘(c) The performance plan required by section there will be ever be a Kerry-Lugar, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1115(b) of title 31 shall be consistent with the but there was a Nunn-Lugar that has (a) SHORT TITLE.—This Act may be cited as agency’s strategic plan. A performance plan been so important to this country and the ‘‘GPRA Modernization Act of 2010’’. may not be submitted for a fiscal year not cov- to the safety and security of this (b) TABLE OF CONTENTS.—The table of con- ered by a current strategic plan under this sec- world. I hope this is the next chapter in tents for this Act is as follows: tion. building block by block by block this Sec. 1. Short title; table of contents. ‘‘(d) When developing or making adjustments country’s responsibility to be a world Sec. 2. Strategic planning amendments. to a strategic plan, the agency shall consult pe- Sec. 3. Performance planning amendments. riodically with the Congress, including majority leader in saying, We want a world that Sec. 4. Performance reporting amendments. and minority views from the appropriate au- is safer by keeping nuclear weapons Sec. 5. Federal Government and agency priority thorizing, appropriations, and oversight commit- out of the hands of those who don’t goals. tees, and shall solicit and consider the views have them, and then aggressively nego- Sec. 6. Quarterly priority progress reviews and and suggestions of those entities potentially af- tiating to try to reduce the nuclear use of performance information. fected by or interested in such a plan. The agen- weapons that do now exist. Sec. 7. Transparency of Federal Government cy shall consult with the appropriate committees Some months ago I was at a place programs, priority goals, and re- of Congress at least once every 2 years. ‘‘(e) The functions and activities of this sec- outside of Moscow where my colleague sults. Sec. 8. Agency Chief Operating Officers. tion shall be considered to be inherently govern- Senator LUGAR has previously visited, Sec. 9. Agency Performance Improvement Offi- mental functions. The drafting of strategic and that facility is devoted to the cers and the Performance Im- plans under this section shall be performed only training and the security of nuclear provement Council. by Federal employees. weapons. I suspect Senator LUGAR, be- Sec. 10. Format of performance plans and re- ‘‘(f) For purposes of this section the term cause he knows a lot about this and has ports. ‘agency’ means an Executive agency defined Sec. 11. Reducing duplicative and outdated under section 105, but does not include the Cen- worked a lot on it for a long time, tral Intelligence Agency, the Government Ac- thinks a lot about those issues, as do I. agency reporting. Sec. 12. Performance management skills and countability Office, the United States Postal Are we certain that these 25,000 nuclear competencies. Service, and the Postal Regulatory Commis- weapons spread around the world are Sec. 13. Technical and conforming amendments. sion.’’. always secure, always safe, will never Sec. 14. Implementation of this Act. SEC. 3. PERFORMANCE PLANNING AMENDMENTS. be subject to theft? The answer to that Sec. 15. Congressional oversight and legislation. Chapter 11 of title 31, United States Code, is is no, but we are trying very hard. This SEC. 2. STRATEGIC PLANNING AMENDMENTS. amended by striking section 1115 and inserting treaty is one more step in the attempt Chapter 3 of title 5, United States Code, is the following: we must make to exercise our leader- amended by striking section 306 and inserting ‘‘§ 1115. Federal Government and agency per- ship responsibility that is ours. So my the following: formance plans ‘‘(a) FEDERAL GOVERNMENT PERFORMANCE compliments to Senator KERRY and ‘‘§ 306. Agency strategic plans PLANS.—In carrying out the provisions of sec- Senator LUGAR and to all of the others ‘‘(a) Not later than the first Monday in Feb- tion 1105(a)(28), the Director of the Office of who are engaged in this discussion and ruary of any year following the year in which Management and Budget shall coordinate with who have worked so hard and have the term of the President commences under sec- agencies to develop the Federal Government per- done so for decades on these nuclear tion 101 of title 3, the head of each agency shall formance plan. In addition to the submission of weapons issue and arms reduction make available on the public website of the such plan with each budget of the United States agency a strategic plan and notify the President Government, the Director of the Office of Man- issues. and Congress of its availability. Such plan shall I yield the floor. agement and Budget shall ensure that all infor- contain— mation required by this subsection is concur- The PRESIDING OFFICER. The Sen- ‘‘(1) a comprehensive mission statement cov- rently made available on the website provided ator from North Dakota. ering the major functions and operations of the under section 1122 and updated periodically, but f agency; no less than annually. The Federal Government ‘‘(2) general goals and objectives, including performance plan shall— LEGISLATIVE SESSION outcome-oriented goals, for the major functions ‘‘(1) establish Federal Government perform- Mr. DORGAN. Madam President, I and operations of the agency; ance goals to define the level of performance to ask unanimous consent to proceed as if ‘‘(3) a description of how any goals and objec- be achieved during the year in which the plan tives contribute to the Federal Government pri- is submitted and the next fiscal year for each of in legislative session and as if in morn- ority goals required by section 1120(a) of title 31; the Federal Government priority goals required ing business for the purpose of clearing ‘‘(4) a description of how the goals and objec- under section 1120(a) of this title; processed legislative language. tives are to be achieved, including— ‘‘(2) identify the agencies, organizations, pro- The PRESIDING OFFICER. Without ‘‘(A) a description of the operational proc- gram activities, regulations, tax expenditures, objection, it is so ordered. esses, skills and technology, and the human, policies, and other activities contributing to Mr. DORGAN. For the information of capital, information, and other resources re- each Federal Government performance goal dur- quired to achieve those goals and objectives; and ing the current fiscal year; my colleagues, I will run through these ‘‘(3) for each Federal Government perform- unanimous consent requests and then ‘‘(B) a description of how the agency is working with other agencies to achieve its goals and ance goal, identify a lead Government official be completed. objectives as well as relevant Federal Govern- who shall be responsible for coordinating the ef- f ment priority goals; forts to achieve the goal; ‘‘(4) establish common Federal Government GPRA MODERNIZATION ACT OF ‘‘(5) a description of how the goals and objectives incorporate views and suggestions obtained performance indicators with quarterly targets to 2010 through congressional consultations required be used in measuring or assessing— ‘‘(A) overall progress toward each Federal under subsection (d); Mr. DORGAN. I ask unanimous con- Government performance goal; and sent that the Senate proceed to the im- ‘‘(6) a description of how the performance ‘‘(B) the individual contribution of each agen- mediate consideration of Calendar No. goals provided in the plan required by section cy, organization, program activity, regulation, 678, H.R. 2142. 1115(a) of title 31, including the agency priority tax expenditure, policy, and other activity iden- goals required by section 1120(b) of title 31, if tified under paragraph (2); The PRESIDING OFFICER. The applicable, contribute to the general goals and clerk will report the bill by title. ‘‘(5) establish clearly defined quarterly mile- objectives in the strategic plan; stones; and The bill clerk read as follows: ‘‘(7) an identification of those key factors ex- ‘‘(6) identify major management challenges A bill (H.R. 2142) to require quarterly per- ternal to the agency and beyond its control that that are Governmentwide or crosscutting in na- formance assessments of Government pro- could significantly affect the achievement of the ture and describe plans to address such chal- grams for purposes of assessing agency per- general goals and objectives; and lenges, including relevant performance goals, formance and improvement, and to establish ‘‘(8) a description of the program evaluations performance indicators, and milestones. agency performance improvement officers used in establishing or revising general goals ‘‘(b) AGENCY PERFORMANCE PLANS.—Not later and the Performance Improvement Council. and objectives, with a schedule for future pro- than the first Monday in February of each year, There being no objection, the Senate gram evaluations to be conducted. the head of each agency shall make available on ‘‘(b) The strategic plan shall cover a period of a public website of the agency, and notify the proceeded to consider the bill, which not less than 4 years following the fiscal year in President and the Congress of its availability, a had been reported from the Committee which the plan is submitted. As needed, the performance plan covering each program activ- on Homeland Security and Govern- head of the agency may make adjustments to ity set forth in the budget of such agency. Such mental Affairs, with an amendment to the strategic plan to reflect significant changes plan shall—

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10360 CONGRESSIONAL RECORD — SENATE December 16, 2010 ‘‘(1) establish performance goals to define the ‘‘(ii) a successful program; or ‘‘(12) ‘program evaluation’ means an assess- level of performance to be achieved during the ‘‘(B) such alternative as authorized by the Di- ment, through objective measurement and sys- year in which the plan is submitted and the rector of the Office of Management and Budget, tematic analysis, of the manner and extent to next fiscal year; with sufficient precision and in such terms that which Federal programs achieve intended objec- ‘‘(2) express such goals in an objective, quan- would allow for an accurate, independent deter- tives.’’. tifiable, and measurable form unless authorized mination of whether the program activity’s per- SEC. 4. PERFORMANCE REPORTING AMEND- to be in an alternative form under subsection formance meets the criteria of the description; or MENTS. (c); ‘‘(2) state why it is infeasible or impractical to Chapter 11 of title 31, United States Code, is ‘‘(3) describe how the performance goals con- express a performance goal in any form for the amended by striking section 1116 and inserting tribute to— program activity. the following: ‘‘(A) the general goals and objectives estab- ‘‘(d) TREATMENT OF PROGRAM ACTIVITIES.— lished in the agency’s strategic plan required by For the purpose of complying with this section, ‘‘§ 1116. Agency performance reporting section 306(a)(2) of title 5; and an agency may aggregate, disaggregate, or con- ‘‘(a) The head of each agency shall make ‘‘(B) any of the Federal Government perform- solidate program activities, except that any ag- available on a public website of the agency and ance goals established in the Federal Govern- gregation or consolidation may not omit or mini- to the Office of Management and Budget an up- ment performance plan required by subsection mize the significance of any program activity date on agency performance. (a)(1); constituting a major function or operation for ‘‘(b)(1) Each update shall compare actual per- ‘‘(4) identify among the performance goals the agency. formance achieved with the performance goals those which are designated as agency priority ‘‘(e) APPENDIX.—An agency may submit with established in the agency performance plan goals as required by section 1120(b) of this title, an annual performance plan an appendix cov- under section 1115(b) and shall occur no less if applicable; ering any portion of the plan that— than 150 days after the end of each fiscal year, ‘‘(5) provide a description of how the perform- ‘‘(1) is specifically authorized under criteria with more frequent updates of actual performance goals are to be achieved, including— established by an Executive order to be kept se- ance on indicators that provide data of signifi- ‘‘(A) the operation processes, training, skills cret in the interest of national defense or foreign cant value to the Government, Congress, or pro- and technology, and the human, capital, infor- policy; and gram partners at a reasonable level of adminis- mation, and other resources and strategies re- ‘‘(2) is properly classified pursuant to such trative burden. quired to meet those performance goals; Executive order. ‘‘(2) If performance goals are specified in an ‘‘(B) clearly defined milestones; ‘‘(f) INHERENTLY GOVERNMENTAL FUNC- alternative form under section 1115(c), the re- ‘‘(C) an identification of the organizations, TIONS.—The functions and activities of this sec- sults shall be described in relation to such speci- program activities, regulations, policies, and tion shall be considered to be inherently govern- fications, including whether the performance other activities that contribute to each perform- mental functions. The drafting of performance failed to meet the criteria of a minimally effec- ance goal, both within and external to the agen- plans under this section shall be performed only tive or successful program. cy; by Federal employees. ‘‘(c) Each update shall— ‘‘(D) a description of how the agency is work- ‘‘(g) CHIEF HUMAN CAPITAL OFFICERS.—With ‘‘(1) review the success of achieving the per- ing with other agencies to achieve its perform- respect to each agency with a Chief Human formance goals and include actual results for ance goals as well as relevant Federal Govern- Capital Officer, the Chief Human Capital Offi- the 5 preceding fiscal years; ment performance goals; and cer shall prepare that portion of the annual per- ‘‘(E) an identification of the agency officials formance plan described under subsection ‘‘(2) evaluate the performance plan for the responsible for the achievement of each perform- (b)(5)(A). current fiscal year relative to the performance ance goal, who shall be known as goal leaders; ‘‘(h) DEFINITIONS.—For purposes of this sec- achieved toward the performance goals during ‘‘(6) establish a balanced set of performance tion and sections 1116 through 1125, and sec- the period covered by the update; indicators to be used in measuring or assessing tions 9703 and 9704, the term— ‘‘(3) explain and describe where a performance progress toward each performance goal, includ- ‘‘(1) ‘agency’ has the same meaning as such goal has not been met (including when a pro- ing, as appropriate, customer service, efficiency, term is defined under section 306(f) of title 5; gram activity’s performance is determined not to output, and outcome indicators; ‘‘(2) ‘crosscutting’ means across organiza- have met the criteria of a successful program ac- ‘‘(7) provide a basis for comparing actual pro- tional (such as agency) boundaries; tivity under section 1115(c)(1)(A)(ii) or a cor- gram results with the established performance ‘‘(3) ‘customer service measure’ means an as- responding level of achievement if another alter- goals; sessment of service delivery to a customer, cli- native form is used)— ‘‘(8) a description of how the agency will en- ent, citizen, or other recipient, which can in- ‘‘(A) why the goal was not met; sure the accuracy and reliability of the data clude an assessment of quality, timeliness, and ‘‘(B) those plans and schedules for achieving used to measure progress towards its perform- satisfaction among other factors; the established performance goal; and ance goals, including an identification of— ‘‘(4) ‘efficiency measure’ means a ratio of a ‘‘(C) if the performance goal is impractical or ‘‘(A) the means to be used to verify and vali- program activity’s inputs (such as costs or hours infeasible, why that is the case and what action date measured values; worked by employees) to its outputs (amount of is recommended; ‘‘(B) the sources for the data; products or services delivered) or outcomes (the ‘‘(4) describe the use and assess the effective- ‘‘(C) the level of accuracy required for the in- desired results of a program); ness in achieving performance goals of any tended use of the data; ‘‘(5) ‘major management challenge’ means waiver under section 9703 of this title; ‘‘(D) any limitations to the data at the re- programs or management functions, within or ‘‘(5) include a review of the performance goals quired level of accuracy; and across agencies, that have greater vulnerability and evaluation of the performance plan relative ‘‘(E) how the agency will compensate for such to waste, fraud, abuse, and mismanagement to the agency’s strategic human capital manage- limitations if needed to reach the required level (such as issues identified by the Government Ac- ment; of accuracy; countability Office as high risk or issues identi- ‘‘(6) describe how the agency ensures the ac- ‘‘(9) describe major management challenges fied by an Inspector General) where a failure to curacy and reliability of the data used to meas- the agency faces and identify— perform well could seriously affect the ability of ure progress towards its performance goals, in- ‘‘(A) planned actions to address such chal- an agency or the Government to achieve its mis- cluding an identification of— lenges; sion or goals; ‘‘(A) the means used to verify and validate ‘‘(B) performance goals, performance indica- ‘‘(6) ‘milestone’ means a scheduled event sig- measured values; tors, and milestones to measure progress toward nifying the completion of a major deliverable or ‘‘(B) the sources for the data; resolving such challenges; and a set of related deliverables or a phase of work; ‘‘(C) the agency official responsible for resolv- ‘‘(7) ‘outcome measure’ means an assessment ‘‘(C) the level of accuracy required for the in- ing such challenges; and of the results of a program activity compared to tended use of the data; ‘‘(10) identify low-priority program activities its intended purpose; ‘‘(D) any limitations to the data at the re- based on an analysis of their contribution to the ‘‘(8) ‘output measure’ means the tabulation, quired level of accuracy; and mission and goals of the agency and include an calculation, or recording of activity or effort ‘‘(E) how the agency has compensated for evidence-based justification for designating a that can be expressed in a quantitative or quali- such limitations if needed to reach the required program activity as low priority. tative manner; level of accuracy; and ‘‘(c) ALTERNATIVE FORM.—If an agency, in ‘‘(9) ‘performance goal’ means a target level of ‘‘(7) include the summary findings of those consultation with the Director of the Office of performance expressed as a tangible, measurable program evaluations completed during the pe- Management and Budget, determines that it is objective, against which actual achievement can riod covered by the update. not feasible to express the performance goals for be compared, including a goal expressed as a ‘‘(d) If an agency performance update in- a particular program activity in an objective, quantitative standard, value, or rate; cludes any program activity or information that quantifiable, and measurable form, the Director ‘‘(10) ‘performance indicator’ means a par- is specifically authorized under criteria estab- of the Office of Management and Budget may ticular value or characteristic used to measure lished by an Executive Order to be kept secret in authorize an alternative form. Such alternative output or outcome; the interest of national defense or foreign policy form shall— ‘‘(11) ‘program activity’ means a specific ac- and is properly classified pursuant to such Ex- ‘‘(1) include separate descriptive statements tivity or project as listed in the program and fi- ecutive Order, the head of the agency shall of— nancing schedules of the annual budget of the make such information available in the classi- ‘‘(A)(i) a minimally effective program; and United States Government; and fied appendix provided under section 1115(e).

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10361 ‘‘(e) The functions and activities of this sec- ‘‘(A) outcome-oriented goals covering a limited ‘‘(2) If an agency priority goal includes any tion shall be considered to be inherently govern- number of crosscutting policy areas; and program activity or information that is specifi- mental functions. The drafting of agency per- ‘‘(B) goals for management improvements cally authorized under criteria established by formance updates under this section shall be needed across the Federal Government, includ- an Executive order to be kept secret in the inter- performed only by Federal employees. ing— est of national defense or foreign policy and is ‘‘(f) Each fiscal year, the Office of Manage- ‘‘(i) financial management; properly classified pursuant to such Executive ment and Budget shall determine whether the ‘‘(ii) human capital management; order, the head of the agency shall make such agency programs or activities meet performance ‘‘(iii) information technology management; information available in the classified appendix goals and objectives outlined in the agency per- ‘‘(iv) procurement and acquisition manage- provided under section 1115(e). formance plans and submit a report on unmet ment; and ‘‘(c) The functions and activities of this sec- goals to— ‘‘(v) real property management; tion shall be considered to be inherently govern- ‘‘(1) the head of the agency; ‘‘(2) The Federal Government priority goals mental functions. The development of Federal ‘‘(2) the Committee on Homeland Security and shall be long-term in nature. At a minimum, the Government and agency priority goals shall be Governmental Affairs of the Senate; Federal Government priority goals shall be up- performed only by Federal employees.’’. ‘‘(3) the Committee on Oversight and Govern- dated or revised every 4 years and made publicly SEC. 6. QUARTERLY PRIORITY PROGRESS RE- mental Reform of the House of Representatives; available concurrently with the submission of VIEWS AND USE OF PERFORMANCE and the budget of the United States Government INFORMATION. ‘‘(4) the Government Accountability Office. made in the first full fiscal year following any Chapter 11 of title 31, United States Code, is ‘‘(g) If an agency’s programs or activities have year in which the term of the President com- amended by adding after section 1120 (as added not met performance goals as determined by the mences under section 101 of title 3. As needed, by section 5 of this Act) the following: Office of Management and Budget for 1 fiscal the Director of the Office of Management and ‘‘§ 1121. Quarterly priority progress reviews year, the head of the agency shall submit a per- Budget may make adjustments to the Federal and use of performance information formance improvement plan to the Office of Government priority goals to reflect significant ‘‘(a) USE OF PERFORMANCE INFORMATION TO Management and Budget to increase program changes in the environment in which the Fed- ACHIEVE FEDERAL GOVERNMENT PRIORITY effectiveness for each unmet goal with measur- eral Government is operating, with appropriate GOALS.—Not less than quarterly, the Director of able milestones. The agency shall designate a notification of Congress. the Office of Management and Budget, with the senior official who shall oversee the perform- ‘‘(3) When developing or making adjustments support of the Performance Improvement Coun- ance improvement strategies for each unmet to Federal Government priority goals, the Direc- cil, shall— goal. tor of the Office of Management and Budget ‘‘(1) for each Federal Government priority ‘‘(h)(1) If the Office of Management and shall consult periodically with the Congress, in- goal required by section 1120(a) of this title, re- Budget determines that agency programs or ac- cluding obtaining majority and minority views view with the appropriate lead Government offi- tivities have unmet performance goals for 2 con- from— cial the progress achieved during the most re- secutive fiscal years, the head of the agency ‘‘(A) the Committees on Appropriations of the cent quarter, overall trend data, and the likeli- shall— Senate and the House of Representatives; hood of meeting the planned level of perform- ‘‘(A) submit to Congress a description of the ‘‘(B) the Committees on the Budget of the Sen- ance; actions the Administration will take to improve ate and the House of Representatives; ‘‘(2) include in such reviews officials from the performance, including proposed statutory ‘‘(C) the Committee on Homeland Security and agencies, organizations, and program activities changes or planned executive actions; and Governmental Affairs of the Senate; that contribute to the accomplishment of each ‘‘(B) describe any additional funding the ‘‘(D) the Committee on Oversight and Govern- Federal Government priority goal; ‘‘(3) assess whether agencies, organizations, agency will obligate to achieve the goal, if such ment Reform of the House of Representatives; program activities, regulations, tax expendi- an action is determined appropriate in consulta- ‘‘(E) the Committee on Finance of the Senate; tures, policies, and other activities are contrib- tion with the Director of the Office of Manage- ‘‘(F) the Committee on Ways and Means of uting as planned to each Federal Government ment and Budget, for an amount determined ap- the House of Representatives; and ‘‘(G) any other committees as determined ap- priority goal; propriate by the Director. ‘‘(4) categorize the Federal Government pri- ‘‘(2) In providing additional funding described propriate; ‘‘(4) The Director of the Office of Management ority goals by risk of not achieving the planned under paragraph (1)(B), the head of the agency level of performance; and shall use any reprogramming or transfer author- and Budget shall consult with the appropriate committees of Congress at least once every 2 ‘‘(5) for the Federal Government priority goals ity available to the agency. If after exercising at greatest risk of not meeting the planned level such authority additional funding is necessary years. ‘‘(5) The Director of the Office of Management of performance, identify prospects and strategies to achieve the level determined appropriate by for performance improvement, including any the Director of the Office of Management and and Budget shall make information about the Federal Government priority goals available on needed changes to agencies, organizations, pro- Budget, the head of the agency shall submit a gram activities, regulations, tax expenditures, request to Congress for additional reprogram- the website described under section 1122 of this title. policies or other activities. ming or transfer authority. ‘‘(b) AGENCY USE OF PERFORMANCE INFORMA- ‘‘(6) The Federal Government performance ‘‘(i) If an agency’s programs or activities have TION TO ACHIEVE AGENCY PRIORITY GOALS.—Not plan required under section 1115(a) of this title not met performance goals as determined by the less than quarterly, at each agency required to shall be consistent with the Federal Government Office of Management and Budget for 3 con- develop agency priority goals required by sec- priority goals. secutive fiscal years, the Director of the Office tion 1120(b) of this title, the head of the agency of Management and Budget shall submit rec- ‘‘(b) AGENCY PRIORITY GOALS.— ‘‘(1) Every 2 years, the head of each agency and Chief Operating Officer, with the support ommendations to Congress on actions to improve of the agency Performance Improvement Officer, performance not later than 60 days after that listed in section 901(b) of this title, or as otherwise determined by the Director of the Office of shall— determination, including— ‘‘(1) for each agency priority goal, review with Management and Budget, shall identify agency ‘‘(1) reauthorization proposals for each pro- the appropriate goal leader the progress priority goals from among the performance goals gram or activity that has not met performance achieved during the most recent quarter, overall of the agency. The Director of the Office of goals; trend data, and the likelihood of meeting the Management and Budget shall determine the ‘‘(2) proposed statutory changes necessary for planned level of performance; the program activities to achieve the proposed total number of agency priority goals across the ‘‘(2) coordinate with relevant personnel with- level of performance on each performance goal; Government, and the number to be developed by in and outside the agency who contribute to the and each agency. The agency priority goals shall— accomplishment of each agency priority goal; ‘‘(3) planned executive actions or identifica- ‘‘(A) reflect the highest priorities of the agen- ‘‘(3) assess whether relevant organizations, tion of the program for termination or reduction cy, as determined by the head of the agency and program activities, regulations, policies, and in the President’s budget.’’. informed by the Federal Government priority other activities are contributing as planned to goals provided under subsection (a) and the SEC. 5. FEDERAL GOVERNMENT AND AGENCY PRI- the agency priority goals; ORITY GOALS. consultations with Congress and other inter- ‘‘(4) categorize agency priority goals by risk of Chapter 11 of title 31, United States Code, is ested parties required by section 306(d) of title 5; not achieving the planned level of performance; ‘‘(B) have ambitious targets that can be amended by adding after section 1119 the fol- and achieved within a 2-year period; lowing: ‘‘(5) for agency priority goals at greatest risk ‘‘(C) have a clearly identified agency official, of not meeting the planned level of performance, ‘‘§ 1120. Federal Government and agency pri- known as a goal leader, who is responsible for identify prospects and strategies for perform- ority goals the achievement of each agency priority goal; ance improvement, including any needed ‘‘(a) FEDERAL GOVERNMENT PRIORITY ‘‘(D) have interim quarterly targets for per- changes to agency program activities, regula- GOALS.— formance indicators if more frequent updates of tions, policies, or other activities.’’. ‘‘(1) The Director of the Office of Management actual performance provides data of significant SEC. 7. TRANSPARENCY OF FEDERAL GOVERN- and Budget shall coordinate with agencies to value to the Government, Congress, or program MENT PROGRAMS, PRIORITY GOALS, develop priority goals to improve the perform- partners at a reasonable level of administrative AND RESULTS. ance and management of the Federal Govern- burden; and Chapter 11 of title 31, United States Code, is ment. Such Federal Government priority goals ‘‘(E) have clearly defined quarterly mile- amended by adding after section 1121 (as added shall include— stones. by section 6 of this Act) the following:

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‘‘§ 1122. Transparency of programs, priority ‘‘(c) TRANSPARENCY OF FEDERAL GOVERNMENT ‘‘§ 1124. Performance Improvement Officers goals, and results PRIORITY GOALS AND RESULTS.—The Director of and the Performance Improvement Council ‘‘(a) TRANSPARENCY OF AGENCY PROGRAMS.— the Office of Management and Budget shall also ‘‘(a) PERFORMANCE IMPROVEMENT OFFICERS.— ‘‘(1) IN GENERAL.—Not later than October 1, make available on the website— ‘‘(1) ESTABLISHMENT.—At each agency, the 2012, the Office of Management and Budget ‘‘(1) a brief description of each of the Federal head of the agency, in consultation with the shall— Government priority goals required by section agency Chief Operating Officer, shall designate ‘‘(A) ensure the effective operation of a single 1120(a) of this title; a senior executive of the agency as the agency ‘‘(2) a description of how the Federal Govern- website; Performance Improvement Officer. ment priority goals incorporate views and sug- ‘‘(B) at a minimum, update the website on a ‘‘(2) FUNCTION.—Each Performance Improve- gestions obtained through congressional con- quarterly basis; and ment Officer shall report directly to the Chief sultations; Operating Officer. Subject to the direction of the ‘‘(C) include on the website information about ‘‘(3) the Federal Government performance Chief Operating Officer, each Performance Im- each program identified by the agencies. goals and performance indicators associated provement Officer shall— ‘‘(2) INFORMATION.—Information for each pro- with each Federal Government priority goal as ‘‘(A) advise and assist the head of the agency gram described under paragraph (1) shall in- required by section 1115(a) of this title; clude— ‘‘(4) an identification of the lead Government and the Chief Operating Officer to ensure that ‘‘(A) an identification of how the agency de- official for each Federal Government perform- the mission and goals of the agency are fines the term ‘program’, consistent with guidance goal; achieved through strategic and performance ance provided by the Director of the Office of ‘‘(5) the results achieved during the most re- planning, measurement, analysis, regular as- Management and Budget, including the pro- cent quarter and overall trend data compared to sessment of progress, and use of performance in- gram activities that are aggregated, the planned level of performance; formation to improve the results achieved; disaggregated, or consolidated to be considered ‘‘(6) an identification of the agencies, organi- ‘‘(B) advise the head of the agency and the a program by the agency; zations, program activities, regulations, tax ex- Chief Operating Officer on the selection of ‘‘(B) a description of the purposes of the pro- penditures, policies, and other activities that agency goals, including opportunities to collabo- gram and the contribution of the program to the contribute to each Federal Government priority rate with other agencies on common goals; mission and goals of the agency; and goal; ‘‘(C) assist the head of the agency and the ‘‘(C) an identification of funding for the cur- ‘‘(7) an assessment of whether relevant agen- Chief Operating Officer in overseeing the imple- rent fiscal year and previous 2 fiscal years. cies, organizations, program activities, regula- mentation of the agency strategic planning, per- ‘‘(b) TRANSPARENCY OF AGENCY PRIORITY tions, tax expenditures, policies, and other ac- formance planning, and reporting requirements GOALS AND RESULTS.—The head of each agency tivities are contributing as planned; provided under sections 1115 through 1122 of required to develop agency priority goals shall ‘‘(8) an identification of the Federal Govern- this title and sections 306 of title 5, including the make information about each agency priority ment priority goals at risk of not achieving the contributions of the agency to the Federal Gov- goal available to the Office of Management and planned level of performance; and ernment priority goals; ‘‘(9) any prospects or strategies for perform- Budget for publication on the website, with the ‘‘(D) support the head of agency and the ance improvement. exception of any information covered by section Chief Operating Officer in the conduct of reg- ‘‘(d) INFORMATION ON WEBSITE.—The informa- 1120(b)(2) of this title. In addition to an identi- ular reviews of agency performance, including tion made available on the website under this at least quarterly reviews of progress achieved fication of each agency priority goal, the section shall be readily accessible and easily website shall also consolidate information about toward agency priority goals, if applicable; found on the Internet by the public and mem- ‘‘(E) assist the head of the agency and the each agency priority goal, including— bers and committees of Congress. Such informa- ‘‘(1) a description of how the agency incor- Chief Operating Officer in the development and tion shall also be presented in a searchable, ma- use within the agency of performance measures porated any views and suggestions obtained chine-readable format. The Director of the Of- through congressional consultations about the in personnel performance appraisals, and, as fice of Management and Budget shall issue appropriate, other agency personnel and plan- agency priority goal; guidance to ensure that such information is pro- ‘‘(2) an identification of key factors external ning processes and assessments; and vided in a way that presents a coherent picture ‘‘(F) ensure that agency progress toward the to the agency and beyond its control that could of all Federal programs, and the performance of achievement of all goals is communicated to significantly affect the achievement of the agen- the Federal Government as well as individual leaders, managers, and employees in the agency cy priority goal; agencies.’’. and Congress, and made available on a public ‘‘(3) a description of how each agency priority SEC. 8. AGENCY CHIEF OPERATING OFFICERS. website of the agency. goal will be achieved, including— Chapter 11 of title 31, United States Code, is ‘‘(b) PERFORMANCE IMPROVEMENT COUNCIL.— ‘‘(A) the strategies and resources required to amended by adding after section 1122 (as added ‘‘(1) ESTABLISHMENT.—There is established a meet the priority goal; by section 7 of this Act) the following: Performance Improvement Council, consisting ‘‘(B) clearly defined milestones; ‘‘§ 1123. Chief Operating Officers of— ‘‘(C) the organizations, program activities, ‘‘(A) the Deputy Director for Management of regulations, policies, and other activities that ‘‘(a) ESTABLISHMENT.—At each agency, the deputy head of agency, or equivalent, shall be the Office of Management and Budget, who contribute to each goal, both within and exter- shall act as chairperson of the Council; nal to the agency; the Chief Operating Officer of the agency. ‘‘(b) FUNCTION.—Each Chief Operating Offi- ‘‘(B) the Performance Improvement Officer ‘‘(D) how the agency is working with other from each agency defined in section 901(b) of agencies to achieve the goal; and cer shall be responsible for improving the management and performance of the agency, and this title; ‘‘(E) an identification of the agency official ‘‘(C) other Performance Improvement Officers responsible for achieving the priority goal; shall— ‘‘(1) provide overall organization management as determined appropriate by the chairperson; ‘‘(4) the performance indicators to be used in to improve agency performance and achieve the and measuring or assessing progress; mission and goals of the agency through the use ‘‘(D) other individuals as determined appro- ‘‘(5) a description of how the agency ensures of strategic and performance planning, measure- priate by the chairperson. the accuracy and reliability of the data used to ment, analysis, regular assessment of progress, ‘‘(2) FUNCTION.—The Performance Improve- measure progress towards the priority goal, in- and use of performance information to improve ment Council shall— cluding an identification of— the results achieved; ‘‘(A) be convened by the chairperson or the ‘‘(A) the means used to verify and validate ‘‘(2) advise and assist the head of agency in designee of the chairperson, who shall preside measured values; carrying out the requirements of sections 1115 at the meetings of the Performance Improvement ‘‘(B) the sources for the data; through 1122 of this title and section 306 of title Council, determine its agenda, direct its work, ‘‘(C) the level of accuracy required for the in- 5; and establish and direct subgroups of the Per- tended use of the data; ‘‘(3) oversee agency-specific efforts to improve formance Improvement Council, as appropriate, ‘‘(D) any limitations to the data at the re- management functions within the agency and to deal with particular subject matters; quired level of accuracy; and across Government; and ‘‘(B) assist the Director of the Office of Man- ‘‘(E) how the agency has compensated for ‘‘(4) coordinate and collaborate with relevant agement and Budget to improve the performance such limitations if needed to reach the required personnel within and external to the agency of the Federal Government and achieve the Fed- level of accuracy; who have a significant role in contributing to eral Government priority goals; ‘‘(6) the results achieved during the most re- and achieving the mission and goals of the ‘‘(C) assist the Director of the Office of Man- cent quarter and overall trend data compared to agency, such as the Chief Financial Officer, agement and Budget in implementing the plan- the planned level of performance; Chief Human Capital Officer, Chief Acquisition ning, reporting, and use of performance infor- ‘‘(7) an assessment of whether relevant orga- Officer/Senior Procurement Executive, Chief In- mation requirements related to the Federal Gov- nizations, program activities, regulations, poli- formation Officer, and other line of business ernment priority goals provided under sections cies, and other activities are contributing as chiefs at the agency.’’. 1115, 1120, 1121, and 1122 of this title; planned; SEC. 9. AGENCY PERFORMANCE IMPROVEMENT ‘‘(D) work to resolve specific Governmentwide ‘‘(8) an identification of the agency priority OFFICERS AND THE PERFORMANCE or crosscutting performance issues, as necessary; goals at risk of not achieving the planned level IMPROVEMENT COUNCIL. ‘‘(E) facilitate the exchange among agencies of performance; and Chapter 11 of title 31, United States Code, is of practices that have led to performance im- ‘‘(9) any prospects or strategies for perform- amended by adding after section 1123 (as added provements within specific programs, agencies, ance improvement. by section 8 of this Act) the following: or across agencies;

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10363 ‘‘(F) coordinate with other interagency man- for elimination or consolidation because the SEC. 13. TECHNICAL AND CONFORMING AMEND- agement councils; plans and reports are determined outdated or MENTS. ‘‘(G) seek advice and information as appro- duplicative of other required plans and re- (a) The table of contents for chapter 3 of title priate from nonmember agencies, particularly ports.’’. 5, United States Code, is amended by striking smaller agencies; (b) ELIMINATION OF UNNECESSARY AGENCY RE- the item relating to section 306 and inserting the ‘‘(H) consider the performance improvement PORTING.—Chapter 11 of title 31, United States following: experiences of corporations, nonprofit organiza- Code, is further amended by adding after sec- ‘‘306. Agency strategic plans.’’. tions, foreign, State, and local governments, tion 1124 (as added by section 9 of this Act) the (b) The table of contents for chapter 11 of title Government employees, public sector unions, following: 31, United States Code, is amended by striking and customers of Government services; ‘‘§ 1125. Elimination of unnecessary agency re- the items relating to section 1115 and 1116 and ‘‘(I) receive such assistance, information and porting inserting the following: advice from agencies as the Council may re- ‘‘(a) AGENCY IDENTIFICATION OF UNNECESSARY ‘‘1115. Federal Government and agency perform- quest, which agencies shall provide to the extent REPORTS.—Annually, based on guidance pro- ance plans. permitted by law; and vided by the Director of the Office of Manage- ‘‘1116. Agency performance reporting.’’. ‘‘(J) develop and submit to the Director of the ment and Budget, the Chief Operating Officer Office of Management and Budget, or when ap- (c) The table of contents for chapter 11 of title at each agency shall— 31, United States Code, is amended by adding at propriate to the President through the Director ‘‘(1) compile a list that identifies all plans and the end the following: of the Office of Management and Budget, at reports the agency produces for Congress, in ac- times and in such formats as the chairperson cordance with statutory requirements or as di- ‘‘1120. Federal Government and agency priority may specify, recommendations to streamline and rected in congressional reports; goals. improve performance management policies and ‘‘(2) analyze the list compiled under para- ‘‘1121. Quarterly priority progress reviews and requirements. graph (1), identify which plans and reports are use of performance information. ‘‘(3) SUPPORT.— outdated or duplicative of other required plans ‘‘1122. Transparency of programs, priority goals, ‘‘(A) IN GENERAL.—The Administrator of Gen- and reports, and refine the list to include only and results. eral Services shall provide administrative and the plans and reports identified to be outdated ‘‘1123. Chief Operating Officers. other support for the Council to implement this or duplicative; ‘‘1124. Performance Improvement Officers and section. ‘‘(3) consult with the congressional committees the Performance Improvement ‘‘(B) PERSONNEL.—The heads of agencies with that receive the plans and reports identified Council. Performance Improvement Officers serving on under paragraph (2) to determine whether those ‘‘1125. Elimination of unnecessary agency re- the Council shall, as appropriate and to the ex- plans and reports are no longer useful to the porting.’’. tent permitted by law, provide at the request of committees and could be eliminated or consoli- SEC. 14. IMPLEMENTATION OF THIS ACT. the chairperson of the Performance Improve- dated with other plans and reports; and (a) INTERIM PLANNING AND REPORTING.— ment Council up to 2 personnel authorizations ‘‘(4) provide a total count of plans and reports (1) IN GENERAL.—The Director of the Office of to serve at the direction of the chairperson.’’. compiled under paragraph (1) and the list of Management and Budget shall coordinate with agencies to develop interim Federal Government SEC. 10. FORMAT OF PERFORMANCE PLANS AND outdated and duplicative reports identified REPORTS. under paragraph (2) to the Director of the Of- priority goals and submit interim Federal Gov- ernment performance plans consistent with the (a) SEARCHABLE, MACHINE-READABLE PLANS fice of Management and Budget. ‘‘(b) PLANS AND REPORTS.— requirements of this Act beginning with the sub- AND REPORTS.—For fiscal year 2012 and each ‘‘(1) FIRST YEAR.—During the first year of im- fiscal year thereafter, each agency required to mission of the fiscal year 2013 Budget of the plementation of this section, the list of plans produce strategic plans, performance plans, and United States Government. and reports identified by each agency as out- EQUIREMENTS.—Each agency shall— performance updates in accordance with the (2) R dated or duplicative shall be not less than 10 (A) not later than February 6, 2012, make ad- amendments made by this Act shall— percent of all plans and reports identified under justments to its strategic plan to make the plan (1) not incur expenses for the printing of stra- subsection (a)(1). consistent with the requirements of this Act; tegic plans, performance plans, and perform- ‘‘(2) SUBSEQUENT YEARS.—In each year fol- (B) prepare and submit performance plans ance reports for release external to the agency, lowing the first year described under paragraph consistent with the requirements of this Act, in- except when providing such documents to the (1), the Director of the Office of Management cluding the identification of agency priority Congress; and Budget shall determine the minimum per- goals, beginning with the performance plan for (2) produce such plans and reports in search- cent of plans and reports to be identified as out- fiscal year 2013; and able, machine-readable formats; and dated or duplicative on each list of plans and (C) make performance reporting updates con- (3) make such plans and reports available on reports. sistent with the requirements of this Act begin- the website described under section 1122 of title ‘‘(c) REQUEST FOR ELIMINATION OF UNNECES- ning in fiscal year 2012. 31, United States Code. SARY REPORTS.—In addition to including the list (3) QUARTERLY REVIEWS.—The quarterly pri- (b) WEB-BASED PERFORMANCE PLANNING AND of plans and reports determined to be outdated ority progress reviews required under this Act REPORTING.— or duplicative by each agency in the budget of shall begin— (1) IN GENERAL.—Not later than June 1, 2012, the United States Government, as provided by (A) with the first full quarter beginning on or the Director of the Office of Management and section 1105(a)(37), the Director of the Office of after the date of enactment of this Act for agen- Budget shall issue guidance to agencies to pro- Management and Budget may concurrently sub- cies based on the agency priority goals con- vide concise and timely performance information mit to Congress legislation to eliminate or contained in the Analytical Perspectives volume of for publication on the website described under solidate such plans and reports.’’. the Fiscal Year 2011 Budget of the United States section 1122 of title 31, United States Code, in- SEC. 12. PERFORMANCE MANAGEMENT SKILLS Government; and cluding, at a minimum, all requirements of sec- AND COMPETENCIES. (B) with the quarter ending June 30, 2012 for tions 1115 and 1116 of title 31, United States (a) PERFORMANCE MANAGEMENT SKILLS AND the interim Federal Government priority goals. Code, except for section 1115(e). COMPETENCIES.—Not later than 1 year after the (b) GUIDANCE.—The Director of the Office of (2) HIGH-PRIORITY GOALS.—For agencies re- date of enactment of this Act, the Director of Management and Budget shall prepare guid- quired to develop agency priority goals under the Office of Personnel Management, in con- ance for agencies in carrying out the interim section 1120(b) of title 31, United States Code, sultation with the Performance Improvement planning and reporting activities required under the performance information required under this Council, shall identify the key skills and com- subsection (a), in addition to other guidance as section shall be merged with the existing infor- petencies needed by Federal Government per- required for implementation of this Act. mation required under section 1122 of title 31, sonnel for developing goals, evaluating pro- SEC. 15. CONGRESSIONAL OVERSIGHT AND LEG- United States Code. grams, and analyzing and using performance ISLATION. (3) CONSIDERATIONS.—In developing guidance information for the purpose of improving Gov- (a) IN GENERAL.—Nothing in this Act shall be under this subsection, the Director of the Office ernment efficiency and effectiveness. construed as limiting the ability of Congress to of Management and Budget shall take into con- (b) POSITION CLASSIFICATIONS.—Not later than establish, amend, suspend, or annul a goal of sideration the experiences of agencies in making 2 years after the date of enactment of this Act, the Federal Government or an agency. consolidated performance planning and report- based on the identifications under subsection (b) GAO REVIEWS.— ing information available on the website as re- (a), the Director of the Office of Personnel Man- (1) INTERIM PLANNING AND REPORTING EVALUA- quired under section 1122 of title 31, United agement shall incorporate, as appropriate, such TION.—Not later than June 30, 2013, the Comp- States Code. key skills and competencies into relevant posi- troller General shall submit a report to Congress SEC. 11. REDUCING DUPLICATIVE AND OUT- tion classifications. that includes— DATED AGENCY REPORTING. (c) INCORPORATION INTO EXISTING AGENCY (A) an evaluation of the implementation of (a) BUDGET CONTENTS.—Section 1105(a) of TRAINING.—Not later than 2 years after the en- the interim planning and reporting activities title 31, United States Code, is amended— actment of this Act, the Director of the Office of conducted under section 14 of this Act; and (1) by redesignating second paragraph (33) as Personnel Management shall work with each (B) any recommendations for improving imple- paragraph (35); and agency, as defined under section 306(f) of title 5, mentation of this Act as determined appropriate. (2) by adding at the end the following: United States Code, to incorporate the key skills (2) IMPLEMENTATION EVALUATIONS.— ‘‘(37) the list of plans and reports, as provided identified under subsection (a) into training for (A) IN GENERAL.—The Comptroller General for under section 1125, that agencies identified relevant employees at each agency. shall evaluate the implementation of this Act

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 6333 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10364 CONGRESSIONAL RECORD — SENATE December 16, 2010 subsequent to the interim planning and report- S. 3874 agreed to; the bill, as amended, be read ing activities evaluated in the report submitted Be it enacted by the Senate and House of Rep- a third time and passed; the title to Congress under paragraph (1). resentatives of the United States of America in amendment be agreed to; the motions (B) AGENCY IMPLEMENTATION.— Congress assembled, (i) EVALUATIONS.—The Comptroller General to reconsider be laid upon the table, SECTION 1. SHORT TITLE. shall evaluate how implementation of this Act is and any statements relating to the This Act may be cited as the ‘‘Reduction of affecting performance management at the agen- measure be printed in the RECORD. Lead in Drinking Water Act’’. cies described in section 901(b) of title 31, United The PRESIDING OFFICER. Without States Code, including whether performance SEC. 2. REDUCING LEAD IN DRINKING WATER. objection, it is so ordered. management is being used by those agencies to (a) IN GENERAL.—Section 1417 of the Safe The amendment (No. 4818) was agreed improve the efficiency and effectiveness of agen- Drinking Water Act (42 U.S.C. 300g–6) is to. amended— cy programs. (The amendment is printed in today’s (ii) REPORTS.—The Comptroller General shall (1) by adding at the end of subsection (a) the following: RECORD under ‘‘Text of Amendments.’’) submit to Congress— The amendment (No. 4819) was agreed (I) an initial report on the evaluation under ‘‘(4) EXEMPTIONS.—The prohibitions in clause (i), not later than September 30, 2015; and paragraphs (1) and (3) shall not apply to— to, as follows: (II) a subsequent report on the evaluation ‘‘(A) pipes, pipe fittings, plumbing fittings, (Purpose: To amend the title) under clause (i), not later than September 30, or fixtures, including backflow preventers, Amend the title so as to read: ‘‘An Act to 2017. that are used exclusively for nonpotable amend the Energy Policy Act of 2005 to reau- (C) FEDERAL GOVERNMENT PLANNING AND RE- services such as manufacturing, industrial thorize and modify provisions relating to the PORTING IMPLEMENTATION.— processing, irrigation, outdoor watering, or diesel emissions reduction program.’’. (i) EVALUATIONS.—The Comptroller General any other uses where the water is not antici- The amendments were ordered to be shall evaluate the implementation of the Federal pated to be used for human consumption; or engrossed and the bill to be read a Government priority goals, Federal Government ‘‘(B) toilets, bidets, urinals, fill valves, performance plans and related reporting re- flushometer valves, tub fillers, shower third time. quired by this Act. valves, service saddles, or water distribution The bill (H.R. 5809), as amended, was (ii) REPORTS.—The Comptroller General shall main gate valves that are 2 inches in diame- passed. submit to Congress— ter or larger.’’; and f (I) an initial report on the evaluation under (2) by amending subsection (d) to read as clause (i), not later than September 30, 2015; and follows: CLARIFYING THE NATIONAL CRED- (II) subsequent reports on the evaluation ‘‘(d) DEFINITION OF LEAD FREE.— IT UNION ADMINISTRATION AU- under clause (i), not later than September 30, ‘‘(1) IN GENERAL.—For the purposes of this THORITY 2017 and every 4 years thereafter. section, the term ‘lead free’ means— (D) RECOMMENDATIONS.—The Comptroller Mr. DORGAN. Madam President, I ‘‘(A) not containing more than 0.2 percent General shall include in the reports required by ask unanimous consent that the Sen- lead when used with respect to solder and subparagraphs (B) and (C) any recommenda- flux; and ate proceed to the immediate consider- tions for improving implementation of this Act ‘‘(B) not more than a weighted average of ation of S. 4036 introduced earlier and for streamlining the planning and reporting 0.25 percent lead when used with respect to today. requirements of the Government Performance the wetted surfaces of pipes, pipe fittings, The PRESIDING OFFICER. The and Results Act of 1993. plumbing fittings, and fixtures. clerk will report the bill by title. Mr. DORGAN. Madam President, I ‘‘(2) CALCULATION.—The weighted average The bill clerk read as follows: ask unanimous consent that the com- lead content of a pipe, pipe fitting, plumbing A bill (S. 4036) to clarify the National Cred- mittee-reported substitute amendment fitting, or fixture shall be calculated by it Union Administration authority to make be agreed to; the bill, as amended, be using the following formula: For each wetted stabilization funding expenditures without read the third time and passed; the mo- component, the percentage of lead in the borrowing from the Treasury. tions to reconsider be laid upon the component shall be multiplied by the ratio There being no objection, the Senate table, and any statements related to of the wetted surface area of that component proceeded to consider the bill. to the total wetted surface area of the entire the bill be printed in the RECORD. product to arrive at the weighted percentage Mr. DORGAN. Madam President, I The PRESIDING OFFICER. Without of lead of the component. The weighted per- ask unanimous consent that the bill be objection, it is so ordered. centage of lead of each wetted component read three times and passed, the mo- The committee amendment in the shall be added together, and the sum of these tion to reconsider be laid upon the nature of a substitute was agreed to. weighted percentages shall constitute the table, with no intervening action or de- The amendment was ordered to be weighted average lead content of the prod- bate, and any statements relating to engrossed and the bill to be read a uct. The lead content of the material used to the bill be printed in the RECORD. third time. produce wetted components shall be used to The PRESIDING OFFICER. Without The bill (H.R. 2142) as amended, was determine compliance with paragraph (1)(B). objection, it is so ordered. read the third time, and passed. For lead content of materials that are pro- The bill (S. 4036) was ordered to be vided as a range, the maximum content of f the range shall be used.’’. engrossed for a third reading, was read REDUCTION OF LEAD IN DRINKING (b) EFFECTIVE DATE.—The provisions of the third time, and passed, as follows: WATER ACT subsections (a)(4) and (d) of section 1417 of S. 4036 the Safe Drinking Water Act, as added by Be it enacted by the Senate and House of Rep- Mr. DORGAN. I ask unanimous con- this section, apply beginning on the day that resentatives of the United States of America in sent the Senate proceed to the imme- is 36 months after the date of the enactment Congress assembled, diate consideration of Calendar No. 702, of this Act. SECTION 1. STABILIZATION FUND. S. 3874. f (a) ADDITIONAL ADVANCES.—Section The PRESIDING OFFICER. The 217(c)(3) of the Federal Credit Union Act (12 clerk will report the bill by title. SAFE DRUG DISPOSAL ACT OF 2010 U.S.C. 1790e(c)(3)) is amended by inserting The bill clerk read as follows: Mr. DORGAN. I ask unanimous con- before the period at the end the following: A bill (S. 3874) to amend the Safe Drinking sent that the Committee on the Judici- ‘‘and any additional advances’’. Water Act to reduce lead in drinking water. ary be discharged from further consid- (b) ASSESSMENTS.—Section 217 of the Fed- eral Credit Union Act (12 U.S.C. 1790e) is There being no objection, the Senate eration of H.R. 5809 and the Senate pro- amended by striking subsection (d) and in- proceeded to consider the bill. ceed to its immediate consideration. serting the following: Mr. DORGAN. I ask unanimous con- The PRESIDING OFFICER. Without ‘‘(d) ASSESSMENT AUTHORITY.— sent that the bill be read a third time objection, it is so ordered. ‘‘(1) ASSESSMENTS RELATING TO EXPENDI- and passed, the motions to reconsider The clerk will report the bill by title. TURES UNDER SUBSECTION (B).—In order to be laid upon the table, with no inter- The bill clerk read as follows: make expenditures, as described in sub- vening action or debate, and that any A bill (H.R. 5809) to amend the Controlled section (b), the Board may assess a special statements related to the bill be print- Substances Act to provide for take-back dis- premium with respect to each insured credit union in an aggregate amount that is reason- ed in the RECORD. posal of controlled substances in certain instances, and for other purposes. ably calculated to make any pending or fu- The PRESIDING OFFICER. Without ture expenditure described in subsection (b), objection, it is so ordered. There being no objection, the Senate which premium shall be due and payable not The bill (S. 3874) was ordered to be proceeded to consider the bill. later than 60 days after the date of the as- engrossed for a third reading, was read Mr. DORGAN. I ask unanimous con- sessment. In setting the amount of any as- the third time, and passed, as follows: sent that the substitute at the desk be sessment under this subsection, the Board

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10365 shall take into consideration any potential and the ability of insured credit unions to Building’’, was ordered to a third read- impact on credit union earnings that such an bear any assessments levied to cover such ing, read the third time, and passed, as assessment may have. costs; follows: ‘‘(2) SPECIAL PREMIUMS RELATING TO REPAY- (3) evaluate the effectiveness of implemen- S. 3592 MENTS UNDER SUBSECTION (C)(3).—Not later tation of prompt corrective action by the than 90 days before the scheduled date of National Credit Union Administration for Be it enacted by the Senate and House of each repayment described in subsection both insured credit unions and corporate Representatives of the United States of America (c)(3), the Board shall set the amount of the credit unions; and in Congress assembled, upcoming repayment and shall determine (4) examine whether the National Credit SECTION 1. FIRST LIEUTENANT ROBERT WILSON whether the Stabilization Fund will have Union Administration has effectively imple- COLLINS POST OFFICE BUILDING. sufficient funds to make the repayment. If mented each of the recommendations by the (a) DESIGNATION.—The facility of the the Stabilization Fund is not likely to have Inspector General of the National Credit United States Postal Service located at 100 sufficient funds to make the repayment, the Union Administration in its Material Loss Commerce Drive in Tyrone, Georgia, shall be Board shall assess with respect to each in- Review Reports, and, if not, the adequacy of known and designated as the ‘‘First Lieuten- sured credit union a special premium, which the National Credit Union Administration’s ant Robert Wilson Collins Post Office Build- shall be due and payable not later than 60 reasons for not implementing such rec- ing’’. days after the date of the assessment, in an ommendation. (b) REFERENCES.—Any reference in a law, aggregate amount calculated to ensure that (c) REPORT TO COUNCIL.—Not later than 1 map, regulation, document, paper, or other the Stabilization Fund is able to make the year after the date of enactment of this Act, record of the United States to the facility re- required repayment. the Comptroller General shall submit a referred to in subsection (a) shall be deemed to ‘‘(3) COMPUTATION.—Any assessment or pre- port on the results of the study required be a reference to the ‘‘First Lieutenant Rob- mium charge for an insured credit union under this section to— ert Wilson Collins Post Office Building’’. under this subsection shall be stated as a (1) the Committee on Banking, Housing, f percentage of its insured shares, as rep- and Urban Affairs of the Senate; resented on the previous call report of that (2) the Committee on Financial Services of EMIL BOLAS POST OFFICE insured credit union. The percentage shall be the House of Representatives; and The bill (H.R. 4602) to designate the identical for each insured credit union. Any (3) the Financial Stability Oversight Coun- facility of the United States Postal insured credit union that fails to make time- cil. Service located at 1332 Sharon Copley ly payment of the assessment or special pre- (d) COUNCIL REPORT OF ACTION.—Not later Road in Sharon Center, Ohio, as the mium is subject to the procedures and pen- than 6 months after the date of receipt of the alties described under subsections (d), (e), report from the Comptroller General under ‘‘Emil Bolas Post Office,’’ was ordered and (f) of section 202.’’. subsection (c), the Financial Stability Over- to a third reading, read the third time, SEC. 2. EQUITY RATIO. sight Council shall submit a report to the and passed. Section 202(h)(2) of the Federal Credit Committee on Banking, Housing, and Urban f Union Act (12 U.S.C. 1782(h)(2)) is amended Affairs of the Senate and the Committee on by striking ‘‘when applied to the Fund,’’ and Financial Services of the House of Rep- STAFF SERGEANT FRANK T. inserting ‘‘which shall be calculated using resentatives on actions taken in response to CARVILL AND LANCE CORPORAL the financial statements of the Fund alone, the report, including any recommendations MICHAEL A. SCHWARZ POST OF- without any consolidation or combination issued to the National Credit Union Adminis- FICE BUILDING tration under section 120 of the Dodd-Frank with the financial statements of any other The bill (H.R. 5133) to designate the fund or entity,’’. Wall Street Reform and Consumer Protec- tion Act (12 U.S.C. 5330). facility of the United States Postal SEC. 3. NET WORTH DEFINITION. Service located at 331 1st Street in Section 216(o)(2) of the Federal Credit f Union Act (12 U.S.C. 1790d(o)(2)) is amended Carlstadt, New Jersey, as the ‘‘Staff to read as follows: MEASURES DISCHARGED Sergeant Frank T. Carvill and Lance ‘‘(2) NET WORTH.—The term ‘net worth’— Mr. DORGAN. Madam President, I Corporal Michael A. Schwarz Post Of- ‘‘(A) with respect to any insured credit ask unanimous consent that the fol- fice Building,’’ was ordered to a third union, means the retained earnings balance lowing postal namings be discharged reading, read the third time, and of the credit union, as determined under gen- passed. erally accepted accounting principles, to- from the Homeland Security Com- gether with any amounts that were pre- mittee en bloc: S. 3592, H.R. 4602, H.R. f viously retained earnings of any other credit 5133, H.R. 5605, H.R. 5606, H.R. 5655, H.R. GEORGE C. MARSHALL POST union with which the credit union has com- 5877, and H.R. 6400. OFFICE bined; The PRESIDING OFFICER. Without The bill (H.R. 5605) to designate the ‘‘(B) with respect to any insured credit objection, it is so ordered. facility of the United States Postal union, includes, at the Board’s discretion Mr. DORGAN. Further, I ask unani- and subject to rules and regulations estab- Service located at 47 East Fayette mous consent that the Senate proceed lished by the Board, assistance provided Street in Uniontown, Pennsylvania, as to the immediate consideration of under section 208 to facilitate a least-cost the ‘‘George C. Marshall Post Office,’’ these bills and the immediate consider- resolution consistent with the best interests was ordered to a third reading, read the ation of H.R. 6392 which was received of the credit union system; and third time, and passed. ‘‘(C) with respect to a low-income credit from the House and is at the desk en union, includes secondary capital accounts bloc. f that are— The PRESIDING OFFICER. Without JAMES M. ‘‘JIMMY’’ STEWART ‘‘(i) uninsured; and objection, it is so ordered. POST OFFICE BUILDING ‘‘(ii) subordinate to all other claims against the credit union, including the Mr. DORGAN. I ask unanimous con- The bill (H.R. 5606) to designate the claims of creditors, shareholders, and the sent that the bills be read three times facility of the United States Postal Fund.’’. and passed en bloc; the motions to re- Service located at 47 South 7th Street SEC. 4. STUDY OF NATIONAL CREDIT UNION AD- consider be laid upon the table en bloc, in Indiana, Pennsylvania, as the MINISTRATION. with no intervening action or debate; ‘‘James M. ‘Jimmy’ Stewart Post Of- (a) STUDY.—The Comptroller General of and any statements relating to the fice Building,’’ was ordered to a third the United States shall conduct a study of bills be printed in the RECORD. reading, read the third time, and the National Credit Union Administration’s The PRESIDING OFFICER. Without supervision of corporate credit unions and passed. objection, it is so ordered. implementation of prompt corrective action. f (b) ISSUES TO BE STUDIED.—In conducting f the study required under subsection (a), the JESSE J. McCRARY, JR. POST Comptroller General shall– FIRST LIEUTENANT ROBERT WIL- OFFICE (1) determine the reasons for the failure of SON COLLINS POST OFFICE The bill (H.R. 5655) to designate the any corporate credit union since 2008; BUILDING Little River Branch facility of the (2) evaluate the adequacy of the National The bill (S. 3592) to designate the fa- United States Postal Service located at Credit Union Administration’s response to the failures of corporate credit unions, in- cility of the United States Postal Serv- 140 NE 84th Street in Miami, Florida, cluding with respect to protecting taxpayers, ice located at 100 Commerce Drive in as the ‘‘Jesse J. McCrary, Jr. Post Of- avoiding moral hazard, minimizing the costs Tyrone, Georgia, as the ‘‘First Lieuten- fice,’’ was ordered to a third reading, of resolving such corporate credit unions, ant Robert Wilson Collins Post Office read the third time, and passed.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10366 CONGRESSIONAL RECORD — SENATE December 16, 2010 LANCE CORPORAL ALEXANDER 8469 up until his death earlier this Juskalian would represent a constant re- SCOTT ARREDONDO, UNITED year. Many knew the colonel through minder to patrons of the service and sac- STATES MARINE CORPS POST his volunteer work at local schools, rifices made by military veterans in their community. OFFICE BUILDING where he shared his strong belief in By placing Colonel Juskalian’s name and a The bill (H.R. 5877) to designate the giving back to our communities and small memorial in the Centreville Post Of- facility of the United States Postal our nation, through military service or fice, we honor him and all veterans within Service located at 655 Centre Street in otherwise. our community, past, present, and future. For God and Country, Jamaica Plain, Massachusetts, as the By passing this bill and naming the Centreville Post Office facility after PETER F. DEFREECE, ‘‘Lance Corporal Alexander Scott Commander. Arredondo, United States Marine Corps Colonel George Juskalian, we will be honoring both Colonel Juskalian’s Post Office Building,’’ was ordered to a BLUE AND GRAY third reading, read the third time, and many years of service as well as the VETERANS OF FOREIGN WAR POST 8469, passed. sacrifices made by all members of the Fairfax Station, VA, August 16, 2010. United States Armed Services. H.R. Hon. MARK R. WARNER, f 6392 has the strong support of the Vir- U.S. Senate, EARL WILSON, JR. POST OFFICE ginia American Legion, Post 1995, as Washington, DC. well as the local division of Veterans of Hon. FRANK R. WOLF, The bill (H.R. 6400) to designate the Foreign Wars, Post 8469. I have letters U.S. Congress, facility of the United States Postal Washington, DC. of support from both organizations Service located at 111 North 6th Street DEAR SENATOR WARNER AND CONGRESSMAN and, without objection, would like to in St. Louis, Missouri, as the ‘‘Earl WOLF: I am writing on behalf of our VFW submit them for the record. Post, of which the late Colonel George Wilson, Jr. Post Office,’’ was ordered to I applaud the efforts of my friend and Juskalian US Army retired was a member, a third reading, read the third time, colleague in the House, Congressman to endorse the recommendation to designate and passed. FRANK WOLF, who united the Virginia the United States Post Office at 5003 West- f delegation as co-sponsors of this bill fields Blvd, Centreville, VA as the ‘‘Colonel George Juskalian Post Office.’’ COLONEL GEORGE JUSKALIAN and effectively ushered it through the This is what Colonel Juskalian looked like POST OFFICE BUILDING House of Representatives by a unani- in recent years. He always sported a smile mous vote. Now it is time for the Sen- and he had a quick wit and he was both an The bill (H.R. 6392) to designate the ate to act. I urge my colleagues to join active member of our Post, but he was also facility of the United States Postal me in supporting swift passage of this the recent Commander of the local chapter Service located at 5003 Westfields Bou- bill to honor such a courageous, admi- of American Ex-Prisoners of War. Here is what he looked like after he came home as a levard in Centreville, Virginia, as the rable veteran and proud Virginian. ‘‘Colonel George Juskalian Post Office hero of World War II. On 28 January 1943, There being no objection, the mate- George rushed forward of friendly lines to Building,’’ was ordered to a third read- rial was ordered to be printed in the ing, was read the third time, and help rescue a reconnaissance patrol which RECORD as follows: had been discovered by an overwhelming passed. AMERICAN LEGION POST 1995, German force. Although George was cap- Mr. WARNER. Madam President, I Centreville, VA, August 16, 2010. tured and spent the next 27 months in var- rise today to express my support for Hon. MARK R. WARNER, ious prison camps, his valor was recognized the passage of H.R. 6392, a bill to des- U.S. Senate, by the Army and he was awarded the Silver ignate the facility of the U.S. Postal Washington, DC. Star Medal, our nation’s third highest bat- Service located at 5003 Westfields Bou- Hon. FRANK R. WOLF, tlefield award for heroism. While imprisoned levard in Centreville, VA, as the Colo- U.S. Congress, with the British for 3 of his 27 months of cap- nel George Juskalian Post Office Build- Washington, DC. tivity, George overcame continuing claus- DEAR SENATOR WARNER/CONGRESSMAN trophobia and helped dig an escape tunnel ing. WOLF, It is with great honor and privilege, but was transferred to a camp of only US Colonel Juskalian passed away this and on behalf of American Legion Post 1995, prisoners in Poland before he could escape. past Fourth of July, at the age of 96, Centreville, Virginia that I submit to you a During the bleak late winter of 1945 George having served our nation for nearly 30 proposal for designating the United States and his fellow prisoners were force marched years on active duty, including cam- Postal Facility located at 5003 Westfields westward to Hammelburg, Germany just in paigns during World War II, Korea, and Boulevard, Centreville, VA as the ‘‘Colonel time to see the ill-fated Baum rescue force Vietnam. After growing up in Massa- George Juskalian Post Office.’’ Sadly, Col enter their POW camp without enough force chusetts, he joined the U.S. Army in Juskalian passed away on 4 July 2010. to make it back. George forced an escape As Congressman Wolf so eloquently stated anyway and was ultimately recaptured. He 1939 and was called to active duty as a in the chambers of the House of Representa- was bombed by US planes near Nuremburg first lieutenant in 1940. He served with tives on 26 July, Col Juskalian, U.S. Army and watched as 40 of his comrades died, but distinction in World War II, during (Ret.), served the United States with high he was ultimately liberated by the US 45th which time he was captured by the distinction for nearly 30 years, including Infantry Division. Germans in Tunisia and spent 27 service in WWII, Korea, and Vietnam. Upon return to the United States, the months in prisoner of war camps in Colonel Juskalian survived the hardships scrappy little officer volunteered to undergo Italy, Germany and Poland. of being a German Prisoner of War, enduring refresher infantry training and join in the nearly three years harsh treatment in Nazi invasion of Japan but the war ended first. Upon his return home, Colonel POW camps. Throughout his ordeal, and in After the war George worked for General of Juskalian served in General Eisen- later service in our nation’s wars, he upheld the Army Eisenhower in the Pentagon and hower’s secretariat in the Pentagon be- the highest ideals of American servicemen. must have done an impressive job because he tween 1945 and 1948, and continued to In so doing; he earned two Silver Stars and was offered a Regular Army commission dur- serve our nation with distinction until four Bronze Stars for actions in combat. ing a period when the Army was reduced in his retirement with the rank of colonel Upon leaving the military, he remained a size dramatically. During the Korean con- in 1967. He received the Army’s highest long time resident of the Commonwealth of flict, George was offered a plum assignment award for noncombat service, the Le- Virginia and continued to serve his commu- away from the fighting but asked instead to nity until his death at age 96. He volunteered be assigned to Korea. There, George was as- gion of Merit, as well as four Silver and educated our youth in local schools, signed to command the 1st Battalion, 32nd Stars, three Bronze Stars, and the mainly with a message of the importance of Infantry Regiment of the 7th Infantry Divi- Army Commendation Medal, among one’s giving back to our community and na- sion, then in combat as part of X Corps. others. tion. He shared a strong belief in serving—in George was ordered to re-take a key hilltop Apart from his military service, the the military or in other ways—in apprecia- which had just been captured by the Chinese, colonel was a longtime resident of Cen- tion for the freedoms and rights enjoyed by called ‘‘Old Baldy.’’ Because high explosives treville and was actively involved in all and paid for by few. had denuded the peak, the only covered ap- his community. He was an active par- Although Centreville, Virginia has many proach to the objective was across a mine- residents that have served our nation with field, through which a path was cleared at ticipant in organizations such as the distinction, there is no monument, plaque or the point of a bayonet. The battalion’s at- Armenian Assembly of America, Amer- memorial dedicated to the men and women tack was pressed with such ferocity that ican Legion Post 1995, and the Blue and of the U.S. Armed Forces. Naming the Cen- much of the hill was re-taken, but the bat- Grey Veterans of Foreign Wars Post treville Postal Facility for Colonel talion was decimated and withdrawn under

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10367 orders from higher headquarters. George was There being no objection, the Senate Mr. DORGAN. Madam President, I awarded a Silver Star for heroism during the proceeded to consider the resolution. now ask for its second reading, and in action. Mr. DORGAN. I ask unanimous con- order to place the joint resolution on After Korea, George had assignments literally around the world but not surprisingly, sent that the resolution be agreed to, the calendar under the provisions of fate found George, now a full Colonel, in the preamble be agreed to, and the mo- rule XIV, I object to my own request. Vietnam during 1963–4 assigned initially as a tion to reconsider be laid upon the The PRESIDING OFFICER. Objec- deputy Corps Advisor in the Mekong Delta, table. tion is heard. The joint resolution will and later as the Inspector General of Mili- The resolution (S. Res. 702) was receive its second reading on the next tary Assistance Command, Vietnam, work- agreed to. legislative day. ing directly under General William West- The preamble was agreed to. Mr. DORGAN. Madam President, I moreland. George was subsequently assigned The resolution, with its preamble, as the Deputy Chief of Staff for Operations yield the floor. and Training for the Military District of read as follows: The PRESIDING OFFICER. The Sen- Washington and retired on 30 April 1967. S. RES. 702 ator from Mississippi is recognized. George’s awards include: the Silver Star Whereas, in 1972, the Supreme Court ruled f with Oak Leaf Cluster, the Legion of Merit, that children with disabilities have the same the Bronze Star Medal with three Oak Leaf right to receive a quality education in the EXECUTIVE SESSION Clusters, the Air Medal, the Army Com- public schools as their nondisabled peers mendation Medal, the POW Medal, numerous and, in 1975, the Congress passed Public Law campaign medals; the Combat Infantryman 94–142 guaranteeing students with disabil- TREATY WITH RUSSIA ON MEAS- Badge with star, the War Department Gen- ities the right to a free appropriate public URES FOR FURTHER REDUCTION eral Staff Device, and the Parachutist Badge. education; AND LIMITATION OF STRATEGIC Following retirement, George did volun- Whereas, according to the Department of OFFENSIVE WEAPONS—Continued teer work with numerous benevolent and Education, approximately 6,600,000 children veterans groups. From 1974–80, George was (roughly 13 percent of all school-aged chil- Mr. WICKER. Madam President, the Director of Graduate Admissions at dren) receive special education services; America had an election on November Southeastern University while he concur- Whereas there are over 370,000 highly quali- 2. Let me begin by reminding my col- rently studied for his Masters in Business fied special education teachers in the United leagues that the American people and Public Administration. He served a three States; spoke loudly and clearly in November year appointment to the Veterans Adminis- Whereas the work of special education and chose a far different team to serve tration Advisory Committee for Former teachers requires special education teachers Prisoners of War. He was active with the in Washington. A vastly different lead- to be able to interact and teach students ership will soon take over in the House scouts and served in Armenian community with specific learning disabilities, hearing relief and religious organizations and was impairments, speech or language impair- of Representatives, and a substantially most recently the Commander of the local ments, orthopedic impairments, visual im- different group of Senators was chosen chapter of American Ex-Prisoners of War. pairments, autism, combined deafness and by the American people in the election In 1838 a young Abraham Lincoln spoke of blindness, traumatic brain injury, and other on November 2. ‘‘the generation just gone to rest,’’ and the health impairments; War for Independence by saying: It seems the leadership of this lame- ‘‘At the close of that struggle, nearly every Whereas special education teachers— duck Senate is determined, in the wan- adult male had been a participator in some (1) are dedicated; ing days of 2010, to pack quite a bit of of its scenes. The consequence was, that of (2) possess the ability to understand the legislation that normally is debated those scenes, in the form of a husband, a fa- needs of a diverse group of students; (3) have the capacity to use innovative over a considerable amount of time ther, a son or a brother, a living history was into just a few days—not only the to be found in every family—a history bear- teaching methods tailored to a unique group ing the indubitable testimonies of its own of students; and START treaty that we are on now but authenticity, in the limbs mangled, in the (4) understand the differences of the chil- also don’t ask, don’t tell and sup- scars of wounds received, in the midst of the dren in their care; posedly the majority leader has not very scenes related—a history, too, that Whereas special education teachers must given up on the DREAM Act, which could be read and understood alike by all, have the ability to interact and coordinate would provide amnesty to many illegal the wise and the ignorant, the learned and with a child’s parents or legal guardians, so- immigrants, and also there is the mas- the unlearned. But those histories are gone. cial workers, school psychologists, occupa- sive Omnibus appropriations bill with tional and physical therapists, and school They can be read no more forever. They were 2,000-plus pages. a fortress of strength; but what invading administrators, as well as other educators to foemen could never do the silent artillery of provide the best quality education for their So we are here at this time, realizing time has done; the leveling of its walls. They students; that if the Congress doesn’t act, the are gone. . . .’’ Whereas special education teachers help to government will run out of money on Thousands of our World War II heroes are develop an individualized education program Saturday. I assume a short-term CR leaving us every day. Centreville needs a for every special education student based on will be done to address that. But cer- lasting reminder of their service and sac- the needs and abilities of the student; and tainly, it would be much easier if we rifice for all the generations to come. Please Whereas special education teachers dedi- passed what the minority leader sug- lend your support to designate the United cate themselves to preparing special edu- States Post Office at 5003 Westfields Blvd, cation students for success in school and be- gested today; that is, a reasonable Centreville, VA as the ‘‘Colonel George yond: Now, therefore, be it short-term resolution, so the govern- Juskalian Post Office.’’ Thank you for your Resolved, That Congress— ment can be funded and the lights can consideration. (1) recognizes the amount of work required stay on until mid-February, and the Very respectfully submitted, to be a special education teacher; and newly elected Congress—the people’s FLOYD D. HOUSTON, (2) commends special education teachers choice—can best decide these great Commander. for their sacrifices and dedication to pre- issues that are facing our country. f paring individuals with special needs for I did find it interesting, a few mo- high school graduation, college success, and RECOGNIZING THE WORK AND IM- rewarding careers. ments ago, to hear the chairman of the Foreign Relations Committee scold the PORTANCE OF SPECIAL EDU- f CATION TEACHERS Senate about the number of filibusters MEASURE READ FIRST TIME—S.J. Mr. DORGAN. Madam President, I we have supposedly had in this term of RES. 42 ask unanimous consent that the Sen- Congress. I believe the statement was ate now proceed to the consideration of Mr. DORGAN. Madam President, I made that we have had more filibusters S. Res. 702 which was submitted earlier understand there is a joint resolution in the last 2 years than we have had in today. at the desk. I ask for its first reading. decades or since World War II or words The PRESIDING OFFICER. The The PRESIDING OFFICER. The to that effect. Here is why that state- clerk will report the resolution by clerk will read the title of the joint ment is only true in a very technical title. resolution for the first time. sense. The bill clerk read as follows: The bill clerk read as follows: It has been the practice of the major- A resolution (S. Res. 702) recognizing the A joint resolution (S.J. Res. 42) to extend ity, during the 3 years I have been in work and importance of special education the continuing resolution until February 18, the Senate—and from what I under- teachers. 2011. stand much longer before that—to

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10368 CONGRESSIONAL RECORD — SENATE December 16, 2010 bring a bill to the floor of the Senate. of the START treaty. But she does say is precedent for accommodating such He immediately fills the amendment we need two caveats before ratification requests. tree; that is, he offers all the amend- takes place. First, she states that A simple request—had it been accom- ments that are allowed under the par- smaller forces make the modernization modated—perhaps could have allayed liamentary rules of the Senate. That is of our nuclear infrastructure even some of the concerns we have. called filling the tree. It is so nobody more urgent. She commends the val- In another op-ed, Mr. Rademaker, on else has an opportunity to file an iant efforts of Members of the Senate, December 10 of this year, said START amendment. Then, the majority leader including Senator JON KYL, to gain will not stop nuclear proliferation. He files cloture on that bill. Technically, more robust modernization of our nu- points out that the claim that progress yes, that is considered a filibuster. But clear weapons. Secondly, the former in United States-Russian arms control I do not believe that is what most of Secretary of State says the Senate will help stop countries such as Iran the American people consider a fili- must make absolutely clear that in from getting nuclear weapons isn’t just buster and a delaying tactic, with ex- ratifying this treaty, the United States an argument offered in support of New cessive speechifying, when they hear is not reestablishing the Cold War link START, it is also one of the key prem- the term ‘‘filibuster.’’ between offensive forces and missile ises underlying President Obama’s em- So let’s be clear that there has been defenses. She says it is troubling that brace of global nuclear disarmament. an unusual practice—at least in the New START’s preamble is unclear in There is just one problem. He said the last 3 or 4 years—of calling up a bill, this respect. notion that faster disarmament will filling the tree, filing for cloture, and I wonder, if we do decide as a Senate lead to greater progress against nu- then that goes down in history as a fili- to move toward consideration of this clear proliferation has never added up. buster. With all we have to do and all treaty, if we will be allowed to offer Then, further, I will quote from a our leadership has determined we must amendments to the preamble to ad- September 8, 2010, Wall Street Journal consider during these waning days of dress the concerns of our immediate piece by John Bolton, a senior fellow at December 2010, we must divide our at- past Secretary of State. the American Enterprise Institute and tention between an expensive 2,000- Further, I commend to my colleagues former Under Secretary of State for Arms Control and International Secu- page omnibus bill and the consider- a Wall Street Journal op-ed, dated No- rity from 2001 to 2005. Secretary Bolton ation of a very complicated arms con- vember 15, 2010, by R. James Woolsey. observes that the treaty’s return to trol agreement. It is that agreement I As my colleagues know, and many outmoded Cold War limits on weapons will discuss. Americans know, Mr. Woolsey has a It is hard to imagine a more impor- distinguished record as a delegate at launchers, which will require the tant, more serious issue than our nu- large to the START and defense-based United States but not Russia to dis- mantle existing delivery systems, is a clear weapons stockpile. In my view, negotiations, back during the mid- problem. He goes on to say this could such a debate deserves our undivided 1980s, as ambassador and chief nego- cripple America’s long-range conven- attention. But we will pivot in a few tiator for the Conventional Armed tional warhead delivery capabilities, moments and move to the omnibus bill. Forces of Europe Treaty from 1989 to I wish to take what time I have at 1991, and was President Clinton’s Direc- while also severely constraining our this point to begin sharing my con- tor of Central Intelligence from 1993 to nuclear flexibility. He said: ‘‘We will pay for this mistake in future conflicts cerns over this treaty and the effect it 1995. So this bipartisan, experienced, entirely unrelated to Russia.’’ might have on national security. former government official lists four I say to my colleagues that the jury Article II of the Constitution re- concerns that he has with regard to the is still out on this issue. These are ex- quires that the Senate ratify any trea- New START treaty. No. 1, he wonders perienced public servants, experts, and ty the President signs with a two- about this administration’s commit- current observers of the international thirds vote. I take this responsibility ment to modernization. No. 2, he says scene and the nuclear negotiation proc- very seriously, as I am sure all my col- it needs to be made clear that the ess. They have given us words that give leagues do. This responsibility requires United States, in ratifying New me pause. It makes me think there is us to review any proposed treaty to en- START, will not be limited at all in its no reason to rush into a hasty ratifica- sure it is in the national interest of the missile defense, and he does not believe tion of this treaty. United States of America. that has been taken care of. No. 3, Di- With regard to the process, hearings As a member of the Senate Armed rector Woolsey, President Clinton’s Di- first started in May of this year. I was Services Committee and a member of rector of Central Intelligence, says this one of the Foreign Relations Com- the Foreign Relations Committee, I treaty represents a step backward in mittee members to request nine wit- have participated in the review of this the verification process between the nesses we believed were important and treaty to date. While I appreciate the United States and Russia. Finally, Mr. necessary to cover the extent of our efforts of my chairman and my ranking Woolsey cites the need for a binding concerns. member, I am not convinced that the resolution on Russian submarine- This request was denied. There is no treaty, in its current form, is in the na- launched cruise missiles. So I think reason such a request would have been tional interests of the United States of there is information Members of the denied. In 12 hearings, there were two America. Senate need to hear about and need to witnesses who spoke in opposition to I might add I am not alone in this consider. this treaty. Members of the minority view. To hear debate on the floor from Further, I will mention two opinion party requested others, but it nowhere time to time today, one would think pieces. One is by Stephen Rademaker, came anywhere near the normal prece- all the learned authorities, all the col- an Assistant Secretary of State from dent given to the minority to have at lective wisdom of the United States of 2002 to 2006. It is a Washington Post op- least one witness on each panel. I was America, present and past, are in favor ed on Friday, August 20, 2010. Secretary concerned that no former National Lab of the hasty ratification of this treaty. Rademaker authored an opinion piece Directors were invited to testify. I simply point out that there is a wide saying this is no way to approve the It is essential that an appropriate variety of information and opinion out New START treaty. In his opinion amount of time be spent on the Senate there that should be brought to the at- piece, Mr. Rademaker said Senate crit- floor considering this treaty. Members tention of Members of the Senate and ics of New START have largely been who have serious concerns must be per- the American people. cut out of the process. mitted the opportunity to offer amend- First of all, I point out to my col- I know this from personal experience ments that would address the full leagues an op-ed by former Secretary as a member of the Foreign Relations range of problems. of State Condoleezza Rice, which ap- Committee. He goes on to say that all I would simply point out, this is the peared in the December 7, 2010, issue of but two Republicans on the Foreign last quote of this speech today. In en- the Wall Street Journal, entitled ‘‘New Relations Committee formally asked dorsing the START treaty, the Wash- Start: Ratify, with Caveats.’’ Secretary the administration to share with them ington Post, on November 19, said: Rice is generally in favor of the direc- the negotiating record of the treaty. Positive steps had been made and the trea- tion we are headed in the ratification They were told no, even though there ty ought to be approved.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10369 But it went on to say, the Editorial ment these commitments, and Congress portunity, but also an obligation to Board of the Washington Post went on should fully fund the president’s program. provide consent on the ratification of to say: Congress should also support the Defense De- this treaty. It is long overdue. We need partment in modernizing our launchers as to regain our ability to provide boots- But no calamity will befall the United suggested in the recent defense strategy States if the Senate does not act this year. study coauthored by former Secretary of De- on-the-ground verification of the Rus- I could not agree more with the fense Bill Perry and former National Secu- sian nuclear complex. Washington Post. It will not be a ca- rity Adviser Stephen Hadley. Over the past 8 months, we have all lamity if we are given adequate time to Second, the Senate must make absolutely had ample opportunity to review the fully discuss, to fully examine, to fully clear that in ratifying this treaty, the U.S. is documents and reports related to the debate all of the ramifications about not re-establishing the Cold War link be- New START. We have conducted 20 tween offensive forces and missile defenses. an issue so profound as our nuclear hearings, taken over 900 questions. New Start’s preamble is worrying in this re- They were questions asked by Members weapons capability. The worst thing gard, as it recognizes the ‘‘interrelationship’’ this body could do is shirk our con- of the two. Administration officials have tes- of the Senate, mainly to the adminis- stitutional responsibility by rushing tified that there is no link, and that the tration, in which those answers have this through in the final days of this treaty will not limit U.S. missile defenses. been provided; 900 questions, over 900 lameduck session simply to check the But Congress should ensure that future De- for the record. box before the new team, the newly fense Department budgets reflect this. In short, we have given significant Moscow contends that only current U.S. consideration to the ratification of elected team comes to Washington and missile-defense plans are acceptable under takes office in January. New START. I know my colleagues on the treaty. But the U.S. must remain fully both sides of the aisle are committed I ask unanimous consent that the free to explore and then deploy the best de- Wall Street Journal article I ref- fenses—not just those imagined today. That to guaranteeing the security of our erenced be printed in the RECORD. includes pursuing both potential qualitative country and also recognize the obliga- There being no objection, the mate- breakthroughs and quantitative increases. tion to ratify this arms control agree- rial was ordered to be printed in the I have personally witnessed Moscow’s tend- ment immediately. ency to interpret every utterance as a bind- RECORD, as follows: I want to take you back a little bit ing commitment. The Russians need to un- because I hear my colleagues talking [From the Wall Street Journal, Dec. 7, 2010] derstand that the U.S. will use the full-range about not having enough time. I want NEW START: RATIFY, WITH CAVEATS of American technology and talent to im- to take you back to a hot day this sum- (By Condoleezza Rice) prove our ability to intercept and destroy the ballistic missiles of hostile countries. mer in the Foreign Relations Com- When U.S. President Bush and Russian Russia should be reassured by the fact that mittee, where—Madam President, you President Putin signed the Moscow Treaty in its nuclear arsenal is far too sophisticated were at that meeting in which those 2002, they addressed the nuclear threat by re- and large to be degraded by our missile de- who are now saying we do not have ducing offensive weapons, as their prede- fenses. In addition, the welcome agreements enough time, asked for just a little bit cessors had. But the Moscow Treaty was dif- on missile-defense cooperation reached in ferent. It came in the wake of America’s 2001 more time, during the impending re- Lisbon recently between NATO and Russia cess, so we could orderly consider the withdrawal from the Anti-Ballistic Missile can improve transparency and allow Moscow Treaty of 1972, and for the first time the and Washington to work together in this ratification process. United States and Russia reduced their of- field. After all, a North Korean or Iranian That was a hot summer day. It is now fensive nuclear weapons with no agreement missile is not a threat only to the United a snowy day in December, and they are in place that constrained missile defenses. States, but to international stability broad- still saying the same thing: Just give Breaking the link between offensive force ly. us more time. We have had plenty of reductions and limits on defense marked a Ratification of the treaty also should not key moment in the establishment of a new time. be sold as a way to buy Moscow’s coopera- I compliment Senator KERRY and nuclear agenda no longer focused on the Cold tion on other issues. The men in the Kremlin Senator LUGAR for the manner in War face-off between the Warsaw Pact and know that loose nukes in the hands of terror- NATO. The real threat was that the world’s ists—some who operate in Russia’s unstable which they have considered this treaty. most dangerous weapons could end up in the south—are dangerous. That alone should This is a very important treaty for hands of the world’s most dangerous re- give our governments a reason to work to- America, and they have made sure that gimes—or of terrorists who would launch at- gether beyond New Start and address the the Senate has had, and each Senator tacks more devastating than 9/11. And since threat from tactical nuclear weapons, which has had, ample opportunity to get all those very rogue states also pursued ballistic are smaller and more dispersed, and thereof the information we need—all of the missiles, defenses would (alongside offensive fore harder to monitor and control. Russia weapons) be integral to the security of the information we need from administra- knows too that a nuclear Iran in the volatile tion individuals or from experts or United States and our allies. Middle East or the further development of It is in this context that we should con- North Korea’s arsenal is not in its interest. from anyone. They have been very open sider the potential contribution of the New Russia lives in those neighborhoods. That in this process. Start treaty to U.S. national security. The helps explain Moscow’s toughening stance They have also given every Member treaty is modest, reducing offensive nuclear toward Tehran and its longstanding concern of the Senate ample time to get every weapons to 1,550 on each side—more than about Pyongyang. question answered, to get all of the ma- enough for deterrence. While the treaty puts The issue before the Senate is the place of terial they need, and it is now time for limits on launchers, U.S. military com- New Start in America’s future security. Nu- manders have testified that we will be able us to take on our responsibility; that clear weapons will be with us for a long time. is, to take up this treaty for ratifica- to maintain a triad of bombers, submarine- After this treaty, our focus must be on stop- based delivery vehicles and land-based deliv- ping dangerous proliferators—not on further tion and vote it up or down. ery vehicles. Moreover, the treaty helpfully reductions in the U.S. and Russian strategic I certainly hope my colleagues will reinstates on-site verification of Russian nu- arsenals, which are really no threat to each vote to ratify this treaty. I think it is clear forces, which lapsed with the expira- other or to international stability. critically important to our national se- tion of the original Start treaty last year. A modern but smaller nuclear arsenal and curity. In addition to its contributions Meaningful verification was a significant increasingly sophisticated defenses are the to American security, one of the most achievement of Presidents Reagan and right bases for U.S. nuclear security (and compelling reasons we should ratify George H.W. Bush, and its reinstatement is that of our allies) going forward. With the this treaty, and do so before we recess, crucial. right commitments and understandings, Still, there are legitimate concerns about ratification of the New Start treaty can con- is to regain our insight into Russia’s New Start that must and can be addressed in tribute to this goal. If the Senate enters strategic offensive arms. the ratification process and, if the treaty is those commitments and understandings into Since START I expired over a year ratified, in future monitoring of the Obama a record of ratification, New Start deserves ago, we have had no comprehensive administration’s commitments. bipartisan support, whether in the lame duck verification regime in place in order to First, smaller forces make the moderniza- session or next year. help us understand Russia’s strategic tion of our nuclear infrastructure even more nuclear force. We need the trans- urgent. Sen Jon Kyl of Arizona has led a val- The PRESIDING OFFICER. The Sen- iant effort in this regard. Thanks to his ef- ator from Maryland. parency to know what Russia is doing forts, roughly $84 billion is being allocated to Mr. CARDIN. Madam President, as to provide confidence and stability, and the Department of Energy’s nuclear weapons we take up the consideration of the we need that confidence and stability complex. Ratifying the treaty will help ce- New START, we not only have the op- to contribute to a safer world. We will

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We need this treaty to stated: treaty at this late date and trying to know what Russia is doing, so we can The New START treaty would also pave dual-track what I said earlier are thou- verify what Russia tells us, to make the way for arms control and disarmament sands of pages of documents that need sure, in fact, that it is true. Not only initiatives and other areas that are vital to appropriate time on the floor of the will this treaty enhance the national Euro-Atlantic security. Senate. security of the United States, it will So I think this is a key moment in I want to speak, if I might, briefly serve as a significant step forward in the history of the Senate. I know there today to the substance of the START our relationship with Russia, a key are many important votes that we take agreement and my concerns about that partner in the overall U.S. strategy to in the Senate. There are many votes we agreement in its current form. First of reduce the spread of nuclear weapons take that have very significant con- all, I want to speak to the issue of mis- worldwide. sequences. The ratification of this trea- sile defense. Let’s be perfectly clear about this. ty is just one of those moments. It The New START treaty not only con- There are still two nations that have keeps us on path and enhances our tains specific limitations on missile de- the majority of the nuclear weapon ca- credibility to make the world safer, fense in article V but also reestablishes pacity in this world; it is Russia and and does it in a way that enhances the an unwise linkage in the preamble to the United States. Working together, security of the people of the United the treaty between offense and defense we can make this world safer. Working States of America. that was broken when the ABM treaty together, we can move forward with re- This is a treaty that needs to be rati- came to an end. ductions in strategic arms around the fied and needs to be ratified now. I urge Moreover, Russia’s unilateral state- world. Working together, we provide my colleagues to vote in the interests ment that the treaty ‘‘can operate and the leadership so we can move forward of national security, to move swiftly, be viable only if the United States of against proliferation of nuclear weap- and pass this treaty. America refrains from developing its ons. In fact, we have done that. I yield the floor. missile defense capabilities, quan- But the failure to ratify this treaty The PRESIDING OFFICER. The Sen- titatively or qualitatively’’ is ex- could have a major negative impact on ator from Illinois. tremely troubling. the leadership of the United States in Mr. DURBIN. Madam President, I un- When viewed together, the New this area. The U.S. relationship with derstand Senator THUNE is the next to START treaty’s preamble and Russia’s the Russian Federation is key in our speak on the Republican side. I ask unilateral statement amount to a Rus- efforts to curtail Iran’s nuclear ambi- unanimous consent to follow him after sian attempt to find a leverage point tions. In June, Russia voted for the lat- he has spoken, and Senator CHAMBLISS and exert political pressure upon the est U.N. Security Council sanctions on would then follow me. United States to forestall deploying a Iran and later canceled the sale of an The PRESIDING OFFICER. Without robust missile defense capability, by advanced arms defensive missile sys- objection, it is so ordered. threatening to withdraw from the trea- tem. The Senator from South Dakota. ty if we seek to increase our missile de- The ratification of New START is es- Mr. THUNE. I thank the Senator fense capabilities. sential in reinitiating verification in- from Illinois for locking in the time. I The remedy for this concern is for spections and, more importantly, for want to start by saying here we are, the Senate to strike the offensive pre- the United States and Russia to lead jammed against the Christmas break amble language. That is why I would the way in reducing the world’s nuclear with the majority using Christmas as a wholeheartedly support an effort to arms stockpile. This is for leadership. backstop to rush through an arms con- strike the preamble as well as an We all talk about making sure Iran trol treaty with the Russians and a amendment to strike paragraph 3 of ar- does not become a nuclear weapons trillion-dollar spending bill on a dual- ticle V of the treaty. state. Ratifying the New START treaty track basis. Now, with regard to delivery vehicle will help us in making sure Iran does What that means is that we are con- modernization, and I want to speak not become a nuclear weapons state. It sidering, at the same time, two docu- specifically in that regard to bombers, keeps the United States and Russia fo- ments encompassing thousands of nearly 2 years ago I began to have seri- cused on strategic arms reduction and pages with very little ability to offer ous concerns about the administra- focused on nonproliferation. meaningful amendments or devote tion’s commitment to developing a fol- The failure to ratify this treaty is a meaningful time to consider the full low-on bomber aircraft and its overall setback in our ability to effectively impact of these documents that will commitment to the triad of nuclear de- stop Iran from becoming a nuclear have a far-reaching and long-term im- livery vehicles. These concerns were weapons state. New START, the first pact on our Nation. aggravated by the administration’s de- treaty with Russia in almost a decade, As I wrote recently in an op-ed that cision to terminate the development calls for both sides to reduce their de- appeared in National Review Online: program for a new bomber and reexam- ployed warheads modestly from 2,200 to ine the need, the requirement, and the New START misses one opportunity after 1,550. The new treaty would restore another to maintain a stable nuclear rela- technology. verification, inspections, and other ex- tionship between our two countries. To rem- I was also troubled by Secretary changes of information about the edy this will require significant time on the Gates’s statement on April 6, 2009, that American and Russian arsenals. New floor of the Senate. Trying to force it we will examine all of our strategic re- START could pay dividends not only through without ample time for debate and quirements in light of post-START by improving nuclear security but by amendments would amount to a Christmas arms control negotiations, which leads paving the way to greater cooperation gift to the Russians. me to be concerned that this adminis- between the two powers in dealing with I ask unanimous consent that the op- tration would allow the Russians to such hot spots as Iran and Afghanistan. ed I wrote for National Review Online have a say in whether we would de- Let me just point out one other part, entitled ‘‘Don’t Force New START,’’ velop a new bomber. if I might; that is, previous arms trea- dated December 9, 2010, be printed in I was gratified to see that the Nu- ties have been ratified with over- the RECORD at the end of my remarks. clear Posture Review determined that whelming bipartisan support. START I The PRESIDING OFFICER. Without the United States should sustain the was passed 93 to 6 in 1994. The Moscow objection, it is so ordered. nuclear triad for decades. Treaty passed 95 to 0 in 2003. Legisla- (See exhibit 1) However, as the Center for Strategic tors recognized then that arms control Mr. THUNE. Madam President, the and Budgetary Assessments recently agreements between Russia and the Nation’s attention is fixed firmly on stated in a report entitled, ‘‘Sustaining United States are not just good for the this travesty of an omnibus trillion- America’s Strategic Advantage in security of our two nations but can dollar appropriations bill which we Long-Range Strike,’’ the triad is in

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General Cart- ing on several other amendments that cent, predates the Cuban missile crisis, wright responded, ‘‘I would be very I may seek to offer regarding prompt and the only aircraft the United States concerned if we got down below those global strike and other issues. possesses today with reach and surviv- levels about midpoint,’’ meaning he Ultimately, this is a very significant ability to have a chance of successfully would be concerned if the negotiated treaty that deserves full and fair con- executing missions more than 1,000 number fell below 800 delivery vehicles. sideration, and we should not be jam- nautical miles into enemy territory This treaty caps delivery vehicles at ming the consideration of this treaty from the last air-to-air refueling are 16 700—substantially below the number up against the Christmas break. As I combat-ready B–2 bombers. General Cartwright stated a year and a have indicated, there are substantial Madam President, the B–2 was de- half ago. issues here that need to be fully vetted, signed in the 1980s and achieved initial The administration makes this odd and we obviously do not have the time operational capability over a decade distinction between deployed and non- to consider these issues this year. We ago, and they will eventually lose their deployed delivery vehicles and points should wait until next year to fully ability to penetrate advanced air de- out that the total cap for the treaty is consider this treaty and have a full, fense systems. The need, the require- 800 deployed and nondeployed systems. free, and wide-open debate on this mat- ment, and the technology for the next- Of course, there is a letter from Gen- ter, with no restrictions on amend- generation bomber is well understood. eral Cartwright in the RECORD stating ments. The need for a new long-range strike he is comfortable with the distinction EXHIBIT 1 capability is urgent because the con- between deployed and nondeployed de- [From the National Review, Dec. 9, 2010] flicts of the future will likely feature livery vehicles and the overall limits DON’T FORCE NEW START heavily defended airspace due in large to delivery vehicles. But the real num- THE TREATY SHOULD NOT BE A CHRISTMAS part to the proliferation of relatively ber we are working with here is 700. PRESENT FOR RUSSIA inexpensive but extremely sophisti- I think it is worth noting that former Twenty-four years ago, Pres. Ronald cated and deadly air defense systems. Defense Secretary Schlesinger testified Reagan traveled to Reykjavik, Iceland, to We have heard testimony before the to the Foreign Relations Committee on negotiate an arms control treaty with the Armed Services Committee from intel- April 29, 2010, that, ‘‘as to the stated Soviet Union. When the Soviets insisted that ligence officials that Russia is the de- context of strategic nuclear weapons, the treaty must limit America’s missile de- veloper of most of these advanced air the numbers specified are adequate, fense program, which was designed to guard defense systems and is exporting those though barely so.’’ against intercontinental ballistic missiles, systems both to China and to other Reagan walked away. He later explained, With regard to this limit of 700 de- ‘‘We prefer no agreement than to bring home countries in the world. ployed delivery vehicles, I find it very a bad agreement to the United States.’’ Various past and present combatant troubling that the administration has Apparently times have changed. President commanders of the Pacific Command, yet to articulate how it will deploy a Obama wants to jam a deeply flawed arms- Strategic Command, and Joint Forces nuclear force conforming to the num- control treaty with Russia, known as New Command have each testified in sup- ber of 700. The administration has in- START, through a lame-duck session of the port of the capability the next-genera- formed the Senate how it might field a Senate just to rack up an accomplishment tion bomber will provide. force of 720 delivery vehicles, which before the end of the year. New START misses one opportunity after As Senator MCCAIN summarized in Secretary Gates and Admiral Mullen his letter to the Foreign Relations another to maintain a stable nuclear rela- acknowledged in a hearing before the tionship between our two countries. To rem- Committee on the treaty, the 1251 plan Senate Armed Services Committee on edy this will require significant time on the and even the updated plan lack critical June 17, 2010, would still require fur- floor of the Senate. Trying to force it details about decisions related to the ther reductions to meet the treaty’s through without ample time for debate and follow-on ICBM, the next-generation central limits. amendments would amount to a Christmas bomber, or a follow-on air-launched They went on to argue that because gift to the Russians. cruise missile. First and foremost, missile defense re- the United States will have 7 years to mains a major point of disagreement be- General Chilton, the most recent reduce its forces to these limits, they STRATCOM commander, has spoken tween the United States and Russia, and this did not find it necessary to identify a treaty only makes the situation worse. Rus- about how conversations about these final force structure at this point, sia has threatened to withdraw from the matters need to start now. meaning the Senate will commit the treaty if we expand our missile-defense capa- Development of replacement delivery United States to a delivery vehicle bilities. It made a similar threat when the vehicles for all three legs of the triad force of 700 without knowing how that original START was completed under the need to begin during the life of New force will be composed. This problem is first President Bush. At that time, President Bush said directly that our missile-defense START. Decisions need to be made and compounded by the fact that the treaty development needs to begin within the activities have no bearing on Russia’s arms- was so poorly negotiated, that for control obligations. I am concerned that next 10 years or replacement systems every ICBM or SLBM deployed with a will not be available when current sys- President Obama’s response to the Russian conventional warhead, one less nuclear threat this time is weaker. tems reach the end of their service vehicle will be available to the United Moreover, the treaty contains a direct lim- lives. There is no assurance that the States. itation on U.S. missile-defense-system de- next long-range bomber will be nuclear The treaty essentially requires the ployments. Why does a treaty ostensibly capable. Therefore, I plan to offer an United States to make unilateral re- about offensive weapons mention missile de- amendment which will require the ad- fense at all? It appears to have been included ductions in delivery vehicles, as Russia only to appease Russia. ministration to certify that the Presi- is already well below the delivery vehi- dent has made a commitment to de- Treaty proponents argue that New START cle limits and would drastically reduce furthers the legacy of Ronald Reagan’s vi- velop a replacement heavy bomber that its arsenal with or without this treaty. sion of a world without nuclear weapons. is both nuclear and conventionally ca- As the Congressional Research Service Let’s be clear about one thing: President pable. writes: Reagan never would have sacrificed missile With regard to delivery vehicle num- defense on the altar of arms control. Russia currently has only 620 launchers, bers, on July 9, 2009, at an Armed Serv- Second, Russia has an estimated ten-to- and this number may decline to around 400 one advantage over the United States in tac- ices Committee hearing, I asked GEN deployed and 444 total launchers. This would tical nuclear weapons, a situation that was James Cartwright, the Vice Chairman likely be true whether or not the treaty en- not addressed at all by New START. These of the Joint Chiefs, about the adminis- ters into force because Russia is eliminating are the kinds of weapons that are most sus- tration’s commitment at that time to older missiles as they age and deploying ceptible to theft or diversion to emerging newer missiles at a far slower pace than that reduce our strategic delivery vehicles threats, including terrorists and rogue na- needed to retain 700 deployed launchers. to somewhere in the range of 500 to tions such as North Korea and Iran. They are 1,100 systems and to specify at what Therefore, in light of all these facts, the weapons Russia has reportedly moved point in this range would he become I will seek to offer an amendment or closer to our NATO allies. One of our top

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This would He said: I will check, but I think only tisan in the past, and they should be make sense if the verification provisions in one amendment has been filed. bipartisan today. As they say, par- the treaty were something to be celebrated His staff has said that is the current tisanship should end at the water’s and worth rushing into place. situation—one amendment by Senator edge whether the President is a Demo- However, New START’s verification provi- MCCAIN. Here we are, 26 hours into this crat or a Republican. If it is good for sions are much weaker than what we had debate, and one amendment has been America, if it makes us safer; if it under the previous treaty. This is a serious filed and no amendments have been concern, because experts say Russia has es- moves us forward in the goal of a more called. Yet speaker after speaker peaceful world, we should stand to- sentially cheated in one way or another on comes from the Republican side of the pretty much every major arms-control trea- gether with both parties working on it. ty to which it is a party. aisle and says: The problem with this Unfortunately, the opposition we have What’s more, as the expiration date of the treaty is we don’t have time to speak— heard over and over on the floor has previous START approached last year, the as they speak—and we don’t have time been from the other side. administration promised it would come up to offer amendments—as they fail to I thank Senator JOHN KERRY. I tell with some sort of ‘‘bridging agreement’’ to offer amendments. you, this man is a dogged and deter- keep verification efforts going until the new So one has to step back and say that mined legislator, and he has been treaty could be ratified. The parties never maybe the problem is not a problem of finished that agreement, and so any working this issue harder than I have time; maybe the problem is they just ever seen him work anything in my verification gap has been created by the ad- don’t want to see this treaty passed. ministration. life, for the last several weeks, to get Thank goodness for Senator LUGAR of The Senate has a responsibility to consider to this moment where we bring it up on Indiana, who has spoken up in favor of treaties thoroughly to ensure they are in our the floor. He understands that last De- this treaty. I said earlier at the press country’s best interest. It should not rush its cember when the START I treaty ex- conference and would say again with duty now to make up for the Obama adminis- pired, it left the United States without tration’s mistakes. We lose nothing by post- him on the floor that there aren’t a poning consideration of this treaty until the handful of people in America who are key inspectors in Russia and reduced new Congress convenes in a few weeks. as expert as he is on this issue of nu- important security transparency. I would say to Senator KERRY, the This flawed treaty has too great an impact clear arms and the safety of those that on America’s national security to be taken modern patron saint of the Republican currently exist. There was a time when lightly or rushed for the sake of political Party is Ronald Reagan, and Ronald people across America thought his pride. Reagan, in a few words, summarized name was Senator Nunn-Lugar because Mr. THUNE. Madam President, I his view when it came to negotiating: they kept hearing Nunn-Lugar, Nunn- yield the floor. Lugar. It was a time when Senator Trust, but verify. For 376 days, we have The PRESIDING OFFICER. The Sen- Sam Nunn, a Democrat from Georgia, been unable to verify what is going on ator from Illinois. in Russia with their nuclear weapons. and Senator LUGAR, a Republican from Mr. DURBIN. Madam President, be- Indiana, really led this Nation and this We don’t know if they are being held fore the Senate at this moment is the world in taking an honest look at nu- safely—treaty compliant. We just don’t New START treaty, an agreement be- clear weapons to see how we can make know. How can we be safer as a nation tween the United States and Russia. sure they are safe and don’t threaten in blissful ignorance of what is hap- This is an effort to try to make this a our future. Senator LUGAR knows—be- pening? safer world, to make certain that the cause he said as much publicly—that This New START treaty President nuclear weapons that are in this world this treaty moves us in the direction of Obama brings to us will put inspectors are carefully monitored, that they are a safer world. on the ground in Russia and in the watched and inspected, and that we re- During the height of the Cold War, United States to make certain both duce any urge to expand nuclear weap- there were enough nuclear weapons on sides live up to the treaty obligations. onry. It is an attempt to make this is our planet to destroy all life many That is essential. It is something Rus- a safer world. times over. Thank goodness the Soviet sian President Medvedev called a The President worked long and hard Union is gone and we are in a new era, ‘‘truly historic event.’’ President on this. He brought it for consideration a more peaceful era. Still, 20 years Obama said at the signing that this is months ago, almost 7 months ago, and later, both Russia and the United ‘‘an important milestone for nuclear we have had hundreds—at least 200 States have thousands of nuclear weap- security and nonproliferation, and for hearings. I am sorry, let me restate ons in their arsenals—far more than ei- U.S.-Russia relations.’’ I couldn’t agree that. We have had many Senate hear- ther side needs for maintaining secu- with them more. ings—I don’t have the exact number be- rity. Here is the number I was searching fore me, but I will get it—on this mat- In an era of terrorist threats, we are for earlier. The Senate has conducted ter. We have had many efforts at every faced with new challenges, including a 21 hearings and briefings on the New level to bring experts from across nuclear-armed Pakistan with al-Qaida START treaty—a significant number of America and from around the world to operating within its borders and coun- opportunities to debate and assess the support our effort and bring this mat- tries such as Iran and North Korea pur- treaty. ter before us. suing their own nuclear programs. In September, the Senate Committee What troubles me, Madam President, This week, we have a chance to make on Foreign Relations overwhelmingly is the same thing we discussed earlier a difference—to reduce the number of approved the treaty on a bipartisan at a press conference. We brought this U.S. and Russian nuclear weapons in a basis. The people supporting this trea- matter to the floor of the Senate over way that not only makes us safer but ty across the board, Democrats and Re- 24 hours ago. Yet speaker after speaker also strengthens America’s authority publicans, represent the best minds in on the Republican side has used this in persuading other nations around the America in recent history on the sub- time on the floor of the Senate to come world to halt their destabilizing prac- ject. They include current administra- and complain that they do not have tices. tion officials, Secretary of State Hil- any time to speak on the floor of the Senator LUGAR said: lary Clinton, Secretary of Defense Rob- Senate. They can’t have it both ways. START would strengthen our nonprolifera- ert Gates, the Chairman of the Joint They can’t come and give a speech tion diplomacy worldwide, limit potential Chiefs of Staff, Admiral Mike Mullen, about the treaty, yet say the reason we arms competition, and help us focus our de- as well as Madeleine Albright, former shouldn’t take it up is they don’t have fense resources effectively. Senator Chuck Hagel, Henry Kissinger, an opportunity to speak on the treaty. What a succinct description of a Sam Nunn, Colin Powell, James They do have an opportunity to speak critically important measure before us. Schlesinger, George Shultz, Brent

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It is about this treaty issue, do it now. election that took place on November 2 one of the things that has been said, Don’t put it off. We have to reach the where the American people spoke loud- but the people who say it ignore the point where we can verify what is being ly and clearly about the way Wash- obvious. It was several weeks ago when done in Russia to make this a safer na- ington spends money, this is not the we had a NATO meeting on missile de- tion and to move us toward a more way to do business. fense moving forward to make our Na- peaceful world. I intend to vote against the omnibus tion safer, and the Russians were en- f bill. I will speak more about that at a gaged in that dialog. It was a historic later date. EXECUTIVE CALENDAR breakthrough. They ignored that when THE NEW START TREATY Mr. DURBIN. Madam President, I ask they raised that issue. I want to speak for a minute on the As Secretary of Defense Bob Gates unanimous consent the Senate proceed START treaty, and I want to start off has said, the new treaty will impose en bloc to Executive Calendar Nos. 885, by commending both Senator KERRY ‘‘no limits on us’’ when it comes to 886, 917, and 935; that the nominations and Senator LUGAR who, as the chair- missile defense. be confirmed en bloc, the motions to man and ranking member on the For- There is a concern, as well, expressed reconsider be considered made and laid eign Relations Committee, have that the treaty does nothing to address upon the table; that any statements re- worked long and hard on this par- the issue of tactical nuclear weapons, lating to the nominations be printed in ticular measure. where the Russians apparently out- the RECORD, and the President be im- This treaty was signed by the Presi- number us. I agree it is a serious issue mediately notified of the Senate’s ac- dent after negotiations were completed that needs to be addressed, especially tion. back in the spring. By the time we got from a nonproliferation viewpoint, The PRESIDING OFFICER. Without the text, and then the additions to the since many of these weapons are de- objection, it is so ordered. text, I would say it was probably into ployed in undisclosed locations. How- The nominations considered and con- April or May, whenever it was. ever, this treaty, like the Moscow firmed en bloc are as follows: Since that time, I know both Senator Treaty and the original START agree- THE JUDICIARY KERRY and Senator LUGAR have worked ment, deliberately and rightly focuses Catherine C. Eagles, of North Carolina, to on strategic nuclear weapons. very hard. They have been open for dis- be United States District Judge for the Mid- cussion. I have had several discussions Bipartisanship on issues of national dle District of North Carolina, vice Norwood security has been the hallmark of our Carlton Tilley, Jr., retired. with Senator LUGAR about it and have Nation. Even in the toughest of times Kimberly J. Mueller, of California, to be explained my problems with it early on and in the most desperate political cir- United States District Judge for the Eastern to him. He has been very receptive. I cumstances we have come together. District of California, vice Frank C. Damrell, received another letter from him today For example, in 1992, just after the Jr., retired. further explaining some of the issues John A. Gibney, Jr., of Virginia, to be Cold War came to an end, the Senate that are out there. United States District Judge for the Eastern But that is an indication of how com- ratified the first strategic arms reduc- District of Virginia, vice Robert E. Payne, tion treaty by an overwhelming vote of retired. plex this issue is. As a member of the 93 to 6. Of my Republican Senators who James Kelleher Bredar, of Maryland, to be Armed Services Committee and the In- are still here today who were in attend- United States District Judge for the District telligence Committee, I have had the ance for the vote—Senators BOND, of Maryland, vice J. Frederick Motz, retir- opportunity to have any number of COCHRAN, GRASSLEY, HATCH, LUGAR, ing. briefings. I have been in hearing after MCCAIN, MCCONNELL, and SHELBY—all f hearing. I have been in meeting after meeting with members of the adminis- voted in support. TREATY WITH RUSSIA ON MEAS- tration as well as outside experts who In 1996, the Senate voted 87 to 4 in URES FOR FURTHER REDUCTION believe this is right, and those who be- support of START II, including the AND LIMITATION OF STRATEGIC lieve it is wrong. I have been involved votes of Republican Senators BENNETT, OFFENSIVE ARMS—Continued BOND, COCHRAN, GRASSLEY, GREGG, in phone calls. I have traveled abroad HATCH, HUTCHISON, LUGAR, MCCAIN, The PRESIDING OFFICER. The Sen- to visit with our friends in both France MCCONNELL, and SNOWE. ator from Georgia. and Great Britain to learn about what In 2002, the Senate voted 95 to 0—that THE OMNIBUS they are doing with respect to their nu- is right, 95 to 0—in support of the Mos- Mr. CHAMBLISS. Madam President, clear inventory. cow Treaty, and 26 of the 27 Repub- I want to speak for a few minutes It is not like folks like me who have licans there at the time are still here about the START treaty. Before I do, to make a decision whether to support today and they voted in support of that there is another issue that has been de- this have not been working on it and treaty. bated on this floor that we are going to trying to understand the complexities At the peak of the Cold War, the continue debating over the next several of this treaty. Gosh, those Members of stockpile of nuclear weapons held by days, and that is the issue of the fund- the Senate who do not serve on Foreign all nuclear weapons states was some ing of the Federal Government. There Relations, Armed Services, or Intel- 70,000 warheads, 1.6 million times the is an omnibus bill that has been laid ligence do not have the benefit of the power of the bomb at Hiroshima. We out there now, which is something that extensive briefings those who serve on have reduced the number of those happens from time to time that is sim- those committees have had, and they weapons by more than two-thirds. Yet ply not the way business ought to be have been trying to understand the today the combined nuclear weapon ca- done in this body. operatives that are involved in this pability is still equal to 150,000 of the As we move into the debate on the treaty also. nuclear bombs used in World War II. omnibus bill, there are a lot of us who My concerns were laid out to Senator Today we have an opportunity to fur- want to see, obviously, the government LUGAR early on in a letter. I have been ther reduce this threat in a responsible remaining open and running at full very clear in conversations and hear- bipartisan way. I do not know when speed. All of us within this body want ings, including in an extensive con- this session will end tonight, but I will to make sure as we do that, we do it versation that I had with my longtime say to my colleagues on the other side the right way. good friend, Senator Sam Nunn, who, of the aisle: You have ample oppor- Frankly, to run in an omnibus bill at along with Senator LUGAR, in my mind tunity to debate. You have ample op- the last minute out here that has thou- are the two godfathers of the Russia- portunity to offer amendments. sands of earmarks—some of which United States nuclear issue.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10374 CONGRESSIONAL RECORD — SENATE December 16, 2010 The issues that are out there are in you have to trust the other side to do Maybe not. But there are those of us the process of being dealt with and re- certain things, that you have the op- who are wrestling with the issue and solved—but we are not there, in my portunity to verify after you enter into trying to do it in the right way. I will mind. I cannot speak for the other 59 that trusting relationship with them. have to say that in concluding my folks here, but I can tell you this: The verification process that is set eighth year here, I have never had to There are five major issues I have been forth in this New START treaty is vote in favor of a treaty that was this concerned with from day one. frankly significantly different from the complex, this important, and had this First is missile defense and what im- verification process that was in the much influence on what is going to pact this treaty is going to have on treaty that just expired. There are rea- happen with respect to the safety and missile defense. I will be honest, I ex- sons it needed to be different, and I un- security of our country for my children pressed concern about it, including in a derstand that. But there still is an and grandchildren. hearing in the Armed Services Com- issue relative to: Do we have the right I commend Senator KERRY and Sen- mittee with Secretary Gates, who is an kind of verification measures in place ator LUGAR and their staffs for a tre- individual for whom I have such great in this treaty to be able to satisfy our mendous amount of work and their admiration and respect—we can have a community, both the defense commu- openness. We have never asked a ques- difference of opinion on policy from nity and the intelligence community, tion they have not attempted to re- time to time, but I know where Sec- that this treaty gives us everything we spond to. I am hopeful, over the next retary Gates stands when it comes to need to have to be sure that the Rus- couple days, a week, however long we the national security interests of the sians are doing what they are supposed are going to be here, if we conclude it United States. to do? or if we conclude it next year, that we In response to a question I asked him In that vein, one way we are going will be able to ultimately come to- in an Armed Services hearing, he satis- about the issue of making sure the ver- gether as a body and address this issue fied me with respect to the missile de- ification requirements that are set in a right and positive way. fense issue. Then, like happens with so forth in here are adequate is to look at I yield the floor. many other issues when there is a com- the National Intelligence Estimate The PRESIDING OFFICER (Mr. DUR- plex treaty like this, we have com- that was put out 2 months ago, 6 weeks BIN). The Senator from New Hamp- ments that were made in Portugal in ago—whenever it was. When it did shire. Mrs. SHAHEEN. Mr. President, I am recent weeks about phase 4 of our mis- come out, I sat down and read through here to join my colleagues who believe sile defense plan that all of a sudden it. It is a rather detailed document that now is the time to ratify the New raises another issue, or at least a po- that sets forth each of the issues in the tential issue, that has to be addressed START treaty. The New START treaty minds of the intelligence community. and has to be resolved, in my mind, be- is a continuation of a long history of And those concerns are dealt with in fore I can vote for a treaty I want to bipartisan arms control cooperation an appropriate way. There are still support. I continue to work through and it is the culmination of President some questions in my mind with the that particular issue. Ronald Reagan’s consistent appeal, as The second issue is the issue of mod- classified portion of this treaty that I mentioned in previous remarks, to ernization of the weapons in the United have to be satisfied with. trust, but verify when we are dealing I started going through the NIE States. We can look ourselves in the with Russia. At a time when much of again, and over the weekend, when it eye, Members of this body and Mem- America is fed up with this body’s in- looks like we are going to have plenty bers of the House, and take part of the ability to work in a bipartisan fashion, blame. We have not funded a mod- of hours to sit down with not much I hope we can still work across the ernization program for the updating of going on, I am going to do that. Hope- aisle to strengthen America’s national nuclear weapons of the United States. fully, I am going to satisfy myself on security and deal with the threat that Now we have called on the administra- the classified portions. is posed by nuclear weapons. I cer- Last, what is not in this treaty is tion to make a commitment, and that tainly applaud the leadership of Sen- just as much of concern to me as what commitment is going to have to be a fi- ator KERRY and Senator LUGAR and the is in the treaty; that is, a total lack of nancial commitment as well as a pol- work they have done on this issue icy commitment. To the credit of the addressing the issue of tactical weap- heading the Foreign Relations Com- administration, they have worked in a ons. I understand, because I have asked mittee. very diligent way—I know with the the question to the State Department, Much like previous arms control to the intelligence community, the De- prodding of Senator KERRY and Sen- treaties, including the old START trea- fense Department—about this issue of ator LUGAR—to address this issue both ty signed by President George H.W. from a budgetary standpoint as well as tactical weapons. Their rationale is, Bush and the SORT treaty signed by a policy standpoint. Again, it is not look, we cannot deal with tactical President George W. Bush, the New just this administration that has to be weapons until we get this treaty agreed START treaty is squarely in the na- involved. It is future administrations to and signed and deal with the stra- tional security interests of the United as well as future Congresses that are tegic side. Then we can deal with the States. The New START treaty will re- going to have to address that issue. tactical side. duce the limit of strategic nuclear As we decide whether to vote for or I don’t buy that. I think there was an arms aimed at the United States. The against this treaty, we have to satisfy opportunity that was missed. We are United States and Russia will be bound ourselves that future Congresses, fu- dealing with a country that has fewer to a lower number of nuclear weapons, ture administrations are going to do strategic weapons than we have. They which will be 30 percent fewer than the that. How do we resolve that? I do not are going to be huge beneficiaries current limits under the SORT treaty. yet know. But it is another issue that under this bill from the standpoint of The treaty’s new rules allow us to we have to go through in our minds and the sheer numbers. On the other hand, count Russia’s nuclear weapons more satisfy ourselves on the issue of mod- they have hundreds and hundreds, per- accurately. That is a critical piece as ernization before we can vote for it. haps even thousands—we really don’t we listened to the concerns of Senator Third is an issue of verification. This know—more tactical weapons than CHAMBLISS about whether we can verify is probably the major issue, at least in what we have. It is the tactical weap- what is going on. These new counting my mind. The Senator from Illinois ons that bother me just as much as the rules give us the ability to more accu- just spoke about the fact that we have strategic weapons because the tactical rately figure out what is happening gone for a year or so now without hav- weapon can be put in a suitcase and de- with Russia’s nuclear arsenal. ing the opportunity, under the treaty livered to a location that could destroy In addition, New START leaves us that expired in 2009, to look at what something domestically, or U.S. assets the flexibility to determine our own the Russians are doing and likewise to somewhere else around the world, or force structure and maintain a robust give the Russians the opportunity to people. deterrent capable of protecting us and look at what we are doing. The lack of addressing the tactical our allies. It is important when there is a com- weapons issue is a problem. Is it Despite all the concerns raised, this plex issue like this, and an issue where enough to say we should not do this? treaty does nothing—let me repeat

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10375 that, this treaty does nothing—to con- military is forced to engage in costly in an op-ed written for the Washington strain our missile defense plans. Fur- worst-case-scenario planning. Post a couple weeks ago. ther, it allows for the modernization of Our NATO allies also support New One of the arguments we have heard our nuclear weapons complex. We have START. As chair of the subcommittee this afternoon is that we are rushing already heard from the three directors responsible for NATO, I am mindful of consideration of this treaty. This is not of our nuclear labs that they are happy the defense and security of our NATO true. with the commitment this administra- alliance members living in Eastern Eu- This chart is an outline that shows tion has provided to modernization of rope. I was pleased that at the recent how much time has been spent in the our nuclear arsenal. The treaty re- NATO Lisbon summit, all 28 NATO al- past as treaties have come to the floor. stores a critical verification regime lies gave their strong unanimous sup- The fact is, the Senate has thoroughly that was lost when the old START port for ratification of the New START considered the New START agreement. treaty expired. We have gone over a treaty. In fact, some of the treaty’s We have had plenty of time to review year without important intelligence strongest backers are those countries the treaty. Since it was signed in April, from these on-the-ground inspections. that are our allies along Russia’s bor- the treaty text has been available for This gap hinders our insight into Rus- ders. The NATO Secretary General everyone to read. It has not changed. sia’s program. said: ‘‘A delay in the ratification of the We have had over 250 days to examine Much like previous agreements, this START treaty would be damaging to the treaty and ask questions of the ad- treaty deserves broad bipartisan back- security in Europe.’’ ministration. The Senate Foreign Rela- ing in the Senate. Past treaties have Finally, ratification of this treaty tions Committee held 12 hearings on benefited from overwhelming support should be important to those who are the treaty. in this body. The original START trea- concerned with the nuclear threats There were another nine held by ty was ratified by a vote of 93 to 6. We posed by Iran and North Korea or who other committees. In contrast, there can see that on this chart. START II are worried about the threat that is were only four committee hearings was ratified 87 to 4. The SORT treaty, posed by terrorists around the world held on the SORT treaty and only negotiated by George W. Bush, was who are seeking a nuclear weapon or eight held on START II. The Foreign ratified by a vote of 95 to 0. That is in- nuclear materials. Relations Committee also accommo- I know some critics look at the New credible—no opposition to that treaty. dated some Members’ concerns earlier START treaty in isolation and say this New START has earned the backing of this year by delaying a vote on the arms agreement has nothing to do with an overwhelming number of foreign treaty during the August recess. The these proliferation threats. I couldn’t policy experts and national security of- Obama administration has answered disagree more. What does it say to our ficials across a broad political spec- over 900 questions for the record on allies and partners around the globe if trum, both Republican and Demo- New START. Nearly every major for- we turn our back on a long history of cratic. New START has the unanimous eign policy or national security expert bipartisan support for working with backing of our Nation’s military and Russia to reduce the nuclear threat? has weighed in on the treaty, either in its leadership, including Secretary Delaying ratification of a treaty with testimony, briefings or in the press. Gates, the Chairman of the Joint The history of treaties such as New so much bipartisan support from our Chiefs, the commander of America’s START shows that the concern that military and the national security and Strategic Command, and the Director there isn’t enough time on the floor to foreign policy establishments, a treaty of the Missile Defense Agency. Amer- that is so obviously in our national in- consider this treaty is not accurate. In ica’s military establishment is joined terest, tells the world we are not seri- general, arms control agreements take by the support of every living Sec- ous about the nuclear threat. It says an average of 2 to 5 days of floor time. retary of State from Secretary Jim we are not serious about our respon- The original START treaty, which was Baker to Secretary Condoleezza Rice, sibilities under the nonproliferation much more complicated and complex as well as five former Secretaries of treaty. I know my colleagues on both and the first of its kind, took only 5 Defense, nine former National Security sides of the aisle agree we should do ev- days of floor debate. START II took 2 Advisers, and former Presidents Clin- erything in our power to make sure days of floor consideration. The most ton and George H.W. Bush. I know peo- Iran and North Korea and al-Qaida do recent SORT treaty took 2 days of ple cannot read this because the writ- not have nuclear weapons. If we abdi- floor debate. We have already had al- ing is so small, but this is the column cate our position as a leader on nuclear most 2 days of floor debate. Other arms of former Presidents and Cabinet-rank arms control, we risk losing the au- control agreements, such as the Treaty officials who support New START. thority to build international con- on Conventional Armed Forces in Eu- Look how long the list is. This is the sensus and stopping rogue nations and rope and the Chemical Weapons Con- list of those Cabinet-rank officials who ending nuclear proliferation around the vention, took 2 days of floor time. We oppose it. globe. have had more than enough time to America’s intelligence community Earlier this year, Brent Scowcroft, consider this treaty on the floor. also strongly supports the New START former National Security Adviser Finally, some have expressed con- treaty. It has now been 376 days since under President George H.W. Bush, tes- cerns that the Senate should not be we last had inspection teams on the tified to the Foreign Relations Com- forced to work so close to their holiday ground in Russia monitoring its nu- mittee that ‘‘the principal result of vacations. I think it is important to re- clear program. Every day we go with- non-ratification would be to throw the peat what retired BG John Adams said out this critical intelligence is another whole nuclear negotiating situation in response to that concern. He said: day that erodes our understanding of into a state of chaos.’’ It is much too We have 150,000 U.S. warriors doing their Russia’s intentions, plans, and capa- dangerous to gamble with nuclear job over Christmas and the New Year. The bilities. New START gives us on-the- weapons or our national security at a U.S. Senate should do its job—and ratify this ground intelligence we currently do time when we are working with our treaty. not have and also, for the first time, international partners to press Iran I could not agree more with Brigadier includes a new unique identifier system and North Korea on their nuclear General Adams. The Senate should get which allows us to better track Rus- weapons programs. its work done. We should ratify New sia’s missiles and delivery systems. In testimony before the Foreign Re- START. We should do it before the I heard the Senator from Georgia ex- lations Committee, former Defense holidays, before we go home, in this pressing a question about whether this Secretary James Schlesinger said that session of Congress. It is time to vote gives us the ability we need to verify a failure to ratify this treaty would on this critical national security con- what Russia is doing. New START ‘‘have a detrimental effect on our abil- cern. gives us more inspections per facility ity to influence others with regard to, I yield the floor. per year than the old START treaty particularly, the nonproliferation Mr. KERRY. Mr. President, I ask did. Without this critical information, issue.’’ unanimous consent that the order to our intelligence community is hindered That sentiment was echoed by five return to legislative session be delayed from an accurate assessment and our former Republican Secretaries of State and occur at 7 p.m., with the order then

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10376 CONGRESSIONAL RECORD — SENATE December 16, 2010 for recognition of the majority leader that moving forward with an even the modernization and replacement of still in effect. lower number of warheads is a safe the strategic delivery vehicles. The PRESIDING OFFICER. Without thing to do. Specifically, we have The service lives of the existing stra- objection, it is so ordered. asked the administration for but have tegic delivery vehicles run well past The PRESIDING OFFICER. The Sen- not received assurances with respect to the 10-year life of this treaty. So my ator from Arizona. the long-range bomber, the ICBM, and question would be, since the DOD has Mr. KYL. Thank you, Mr. President. the Minuteman III. Let me just men- already scheduled study and decision It is a delight to see you in the chair. tion those two things. deadlines, timelines, for the replace- Mr. President, let me make a brief With regard to the long-range bomb- ment of all of these systems—so since comment on the last comment from er, we have repeatedly asked: Will we that is outside of the four corners of my colleague about the work schedule have a nuclear capable long-range the treaty, so to speak, why would dec- of the Senate because I have been one bomber? That is what the bomber leg laration 13 not state that we are com- of those folks who have decried the fact of the triad is—a nuclear-capable mitted to proceeding to the full mod- that we are dual-tracking the START bomber. Now, it could be a penetrating ernization and replacement of the ade- treaty and the Omnibus appropriations bomber, it could be a manned bomber, quate delivery vehicles? bill here with just a week left before it could be a bomber that carries cruise Mr. KYL. Mr. President, I will be Christmas. missiles to get to the target, but it happy to respond to that. I do think it is an imposition on our needs to be nuclear capable. We have Let me respond first by quoting two families and our staff that we need to no assurance. So while everybody in key officials from the Obama adminis- be working during this period of time. the administration continues to say: tration: Secretary Gates and Under I do not think there is anybody in this ‘‘We believe in our nuclear triad, we Secretary of Defense Jim Miller. This body who works any harder than I do. must have a nuclear triad,’’ we are not is what I gather their decision is going I do not claim to be the hardest work- getting any satisfaction on the ques- to be based on. ing, but I am no stranger to hard work, tion, What about the bomber leg of the First, Secretary Gates: and I am happy to be here right up to triad? There are placeholders for each of the mod- Christmas Eve if that is what it takes. Our current long-range bomber cruise ernization programs because no decision has But my complaint is that this is a missiles are due to be retired in 2025. been made. They are basically to be decided, problem that has been brought on by Will there be a follow-on? Again, no re- and along the lines that Admiral Mullen is the Democratic leadership. All year assurance. No funding has been pro- just describing, those are decisions we are long, we had the opportunity to do a vided in the 1251 plan that I spoke of going to have to make over the next few budget. Did we ever do a budget? No. earlier for replacement of an ICBM years in terms of we are going to have to All year long, we had the opportunity modernize these systems and we are going to Minuteman III. have to figure out what we can afford. to pass appropriations bills. This is the There is some very troubling lan- first time in my memory that the Sen- guage in the 1251 update on a follow-on Deputy Under Secretary of Defense ate never passed a single appropria- assessment study. I am going to quote Jim Miller: tions bill—not one. what this assessment study will be We think the current ICBMs are extremely So now here we are, with a week to predicated on. This is for the ICBM. It stable and stabilizing, particularly as we de- MIRV to one warhead each. go before Christmas, trying to cram ev- is a study that—and I am quoting— erything into the same short period of ‘‘will consider a range of deployment I would interject, remember, we are time. We have to pass a bill to fund the options, with the objective of defining doing that while the Russians are operations of government which will a cost-effective approach for an ICBM MIRVing, which, of course, creates cease on Saturday at midnight. We follow-on that supports continued re- more instability under this treaty. could have done that in the last 300 ductions in U.S. nuclear weapons while But to go on with the quotation: days of this year, but, no, we wait until promoting stable deterrence.’’ But we will look at concepts that would the very last minute. We wait until the That supports continued reductions make them even more survivable over time, last minute to do the tax legislation in the U.S. nuclear weapons. So the which would allow them to be part of a reserve force. that just passed out of the Senate and key criteria here is not to carry what- the House is considering this after- ever weapons we think are necessary My point in reading these two noon. In addition to that, we are trying but, rather, an ICBM force that will be quotations is to suggest to my col- to consider the START treaty. That is determined and sized in order to league that it is troubling that the ad- the concern a lot of us have. achieve those reductions. What I am ministration is not willing to commit But let me return to where I was ear- wondering is whether that suggests to making a decision, is not willing to lier today when I was talking about that the administration might not commit to having a nuclear-capable some of my concerns about the treaty, maintain an ICBM capability so that it bomber force, is not willing to say that laying the predicate for some of the can pursue further reductions or that the ICBM force will support the deliv- amendments we will have as soon as we the ICBM follow-on system will be ery of the warheads required for that are done with our comments, our open- based on plans for reductions. leg of the triad but, rather, will be ing statements about the treaty itself. Mr. KERRY. Will the Senator— based on what we can afford and be I had last talked about the mod- Mr. KYL. Let me just complete this based on our desire to continue to re- ernization program, and Senator thought, if I could. duce U.S. nuclear weapons, and that KERRY and I had a brief conversation The administration’s arms control perhaps we are developing them in about that, agreeing that this was a agenda—my belief—should not be the order to be part of a reserve force. very important part of the ability of key factor in determining the level of All of this suggests that the one the United States to have a credible our ICBM capability. quotation that was read by my col- nuclear deterrent. We were talking I will make a note here and allow my league is a nice statement but does not about the nuclear weapons part of that. colleague to interrupt. reflect the reality of what the adminis- There is a second part of our nuclear The PRESIDING OFFICER (Mr. tration is actually planning on. deterrent, and that is the delivery ve- MANCHIN). The Senator from Massachu- Mr. KERRY. Will the Senator yield hicles—the missiles, the submarines, setts. further? the long-range bombers, the cruise mis- Mr. KERRY. Mr. President, I thank Mr. KYL. Yes. siles—those components of our so- the Senator very much. I just thought The PRESIDING OFFICER. The Sen- called nuclear triad that enable us to it would be helpful if we can talk about ator from Massachusetts. effectively deliver the warheads in the a few of these things as we go along. Mr. KERRY. As the Senator knows, a event that should ever be required. What I want to ask the Senator is legitimate certain amount of analysis The problem with this part of the what he thinks is inadequate in the has to be made by DOD in order to be modernization package is that we do resolution of ratification. Declaration able to submit to the Congress a plan not have the degree of certainty that I 13 makes it clear that the United that is realistic both in cost and judg- think we need to have the assurance States is committed to accomplishing ment about what the size will be.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10377 Every single testimony, from the Joint Mr. KYL. And I am happy to do it ei- but I haven’t mentioned the Navy. Chiefs of Staff through Secretary ther way. That is not my concern. But my con- Gates, has committed to the mainte- Mr. KERRY. I just think it is impor- cern is the IBM force and the bomber nance of a viable triad. That could not tant to get it out. I do not need that force. be more clear in this record. time. I think it is important. I want I will leave the point with this: What Mr. KYL. If I could just interrupt my Senator KYL to have his time— is troubling to me is that on the bomb- colleague, who interrupted me. Mr. KYL. Let me respond to this er force, our administration is unwill- Mr. KERRY. Absolutely. question. ing to commit we will have a bomber Mr. KYL. A viable triad at a min- Mr. KERRY. And I will not interrupt triad nuclear capable. That is an im- imum, per se, has to include nuclear him, but I wanted to try to see if we portant decision, because if we are capability or it is not part of our nu- could not engage a little in what the talking about 700 delivery vehicles that clear triad, right? And what I am say- Senate does, which is debate. will not include nuclear-capable bombing here is that the administration is Mr. KYL. Mr. President, first of all, ers, I have a problem. The reason is, be- not assuring us that the long-range this is the kind of engagement we need cause when you get briefed on how we bomber will be nuclear capable. So on this treaty and on so many other are going to deliver these weapons if, maybe we have a dyad now, not a triad. issues in this body. Too many times it God forbid, they ever have to be deliv- Mr. KERRY. Mr. President, again— is a Senator coming down and giving a ered or how we are going to deal with Mr. KYL. Go ahead. I will yield to speech, and half of us or more are not a potential Russian breakout, for ex- my colleague. listening. And this kind of colloquy can ample, or how we are going to deal The PRESIDING OFFICER. The Sen- develop more useful material for our with a problem if, let’s say, we have an ator from Massachusetts. colleagues and for the record than any- issue with one of our submarine or Mr. KERRY. This is very important thing else. So I am very happy to en- ICBM components to the triad, if we to the sort of understanding of where gage in it. I just want to make sure I don’t have a bomb-carrying or cruise we are here and what the real dif- do not run out of my time with my col- missile-carrying nuclear capability ferences are. league’s questions. with our bombers, then it is quite obvi- All of these systems, all three—DOD But here is how it relates, and here is ous the viability of our triad is impli- has scheduled and put out a timeline. the importance. cated. Now, they have to go through that We are being told that even though So we have to know these things. It process. The fact is, they have stated the delivery systems—and remember, is not some esoteric question. We are in the 1251 report that they are going this treaty deals with warheads and de- talking about delivery systems being to replace the Ohio class submarine livery systems. Let’s leave the war- brought down to 700 and is that too when it commences scheduled retire- heads off to the side for a moment. The low. It is not too low if we have a very ment in 2027. I do not think President delivery systems—which are the sub- viable triad, but it becomes too low if Obama is going to be there in 2027, un- marines with their missiles, the long- our triad is not viable. less there is some extraordinary transi- range bombers, with cruise missiles in In the time remaining, let me talk tion in America. So this goes way be- some cases, and our ICBM force and the about missile defense. This is some- yond this administration in terms of a Russian counterparts—those delivery thing a lot of my colleagues have decision and in terms of a Congress. systems are constrained in this treaty. talked about. It is kind of core to the The Navy is going to sustain the exist- The numbers are brought down to 700 concerns a lot of us have with the trea- ing Trident II through at least 2042. deployable systems. So the question we ty and, frankly, my ultimate support That is on the books right now with have asked, naturally enough is, Is or not will depend, to some extent, on the robust life extension program. The that enough? Will that work to cover how we resolve this issue, whether it is current Minuteman life extension pro- all of the targets we need to cover? by amendment to the preamble or the gram will keep the fleet in service I talked this morning about—and the treaty or the resolution of the ratifica- through 2030. And DOD has already answer to that question depends in tion or a combination of things. But, begun the preparatory studies on re- part on what our future plans are be- clearly, this treaty implicates U.S. placement options, which will begin in cause—take the B–52. Most of the pi- 2012. And the soon-to-be-completed missile defense, and that is wrong. lots who are flying B–52s—I think we One of the chief achievements of the long-range bomber issue the Senator are two generations beyond the time Bush administration was to finally de- just raised is only on what type of new these B–52s were built. These are old, couple missile defense and strategic of- bomber is needed, not whether there aging aircraft. And everybody realizes fensive weapons and the treaties that will be a new bomber. even the B–1s and to some extent the So the future Congresses and future deal with strategic offensive weapons. administrations are really going to B–2s need to be replaced. So the deci- It was somewhat limited in the START make this decision. So to suggest that sions to do that need to be made very treaty, but in the Moscow Treaty of somehow the Obama administration soon. 2002 we said: We are going to reduce Whether 700 is a good number will de- can right now have this treaty held ac- our weapons. If the Russians want to pend on whether we have an adequate countable to decisions where every one do the same, that is fine with us. We triad to deliver these weapons when of those delivery platforms is going to don’t need a treaty to deal with that. the time comes. So naturally we ask be in existence well beyond the life and The Russians essentially said: We want public service of any of us here I think the question, What is our triad going a treaty, and we want you to limit is a completely inappropriate standard. to look like? It is true that some of your missile defenses. We said no, and I would ask my colleague, why a 2027 these systems—the new systems that they eventually relented and said OK. date and a 2042 date and a 2030 date and replace what we currently have—will I have spoken with Secretary Rice a commitment to a bomber, even not be available until outside the 10- and Under Secretary Feith and other though they do not know what kind of year limit of the treaty. people in the administration who count bomber, why that is not satisfactory? But it is also true that every one it as one of their achievements, the Mr. KYL. Let me answer a question takes an inordinate amount of time. fact that we finally decoupled those with a question. How do they take so much time? I two issues. In this treaty, they are First of all, given the fact that I don’t know. It seems as though in right back together again and in a way think we are taking 30-minute seg- World War II we had all kinds of weap- that is inimicable to other defenses by ments each and we are having a debate ons systems come together to be built the United States. That is what I want here, can we agree that we will debate and fight the war and it is over in 5 or to focus on. We don’t think there until 7 o’clock, and you can have half 6 years, but nowadays it takes 5 or 6 should be any limitations on U.S. mis- the time and I will have half the time? years just to get something ready to sile defense. Yet the New START trea- Either that or I am going to have to go, and then it takes them that long to ty not only contains specific limita- quit yielding to make my points. deploy. So these are long timeframes tions, though we were told there Mr. KERRY. No, no, no. I appreciate for development and deployment. wouldn’t be any, but it also reestab- that. And the Senator is always good It is true the Navy has already made lishes this unwise linkage I talked about engaging in this. the basic decision for the submarine, about in the preamble.

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That is what United States can do with its missile defense The current strategic defensive arms do the phased adaptive approach Sec- systems. not undermine the viability and effective- retary Gates has announced is all The third quote: ness of the strategic arms of the parties. about: a qualitative improvement of There are no constraints to missile de- That is what it says, in part. our missile defense capabilities. So fense. Quote: how would the Russians treat that? Those three statements are not true Current strategic defensive arms do not Their statement, their signing state- because it turns out there are limita- undermine the viability and effectiveness of ment, signed at the time that the trea- tions and constraints specifically in the strategic arms of the parties. ty was signed, says the exceptional cir- the treaty. Article V, section 3 specifi- ‘‘Current,’’ that is new language. cumstances referred to in article XIV, cally constrains a particular kind of That was not in the START I treaty. the withdrawal clause of the treaty, in- missile defense, the United States So what they are doing is defining the clude increasing the capabilities of the using a strategic offensive silo, for ex- current systems. Why is that impor- U.S. missile defense system in such a ample, to use for defense. We have done tant? Because later they talk about way that threatens the potential of the that before. Our current plans are not strategic nuclear forces of the Russian any additions that would qualitatively to do it again because it is expensive. Federation. or quantitatively improve our system We might not do it in the future. This That is why this preamble is so im- would allow the Russians to withdraw. administration says it doesn’t want to, portant. They treat it as the legal basis Here is what—well, let me just make but it is certainly constraining. How for their withdrawal if we improve our one point before I quote that. The ad- can you say those three statements by missile defenses qualitatively, which ministration says the preamble is not Under Secretary Tauscher are true? we most certainly will, and potentially important because you can always They are false. The administration quantitatively. walk away from a treaty, and even simply says: Well, yes, there are limits, They have already built this into the though the Russians say this preamble but we don’t intend to do that anyway, record. From my point of view and a so it is kind of a theoretical limit. language gives them the right to walk lot of my colleagues, this can only be Well, in the first place, why is there away from the treaty, they can do it read as an attempt to exert political a limitation on any missile defense ca- anyway, so what is the big deal? pressure on the United States to fore- pability in this treaty? We thought Well, you can’t just do it on a whim. stall continued development and de- this was about, as Secretary Tauscher We agree that if there is a matter that ployment of our missile defenses, and said, strategic weapons. Well, it turns is so important to either country that there is evidence it has already out the Russians, of course, want to it constitutes an exceptional cir- worked. First of all, we have pulled make it also about missile defense. One cumstance referred to in article XIV back from the deployment of the way they make it about missile defense which is the withdraw clause, then a ground-based interceptor system that is by article V, section 3 or paragraph party could withdraw. So, yes, it is the Bush administration had developed 3, specifically constraining a particular true, that either party can define any- and was prepared to deploy in Poland way we would develop missile defense. thing as an exceptional circumstance with the radars associated in Czecho- That is what we object to, that link- and therefore withdraw, but that is bad slovakia, and we have also said now age. Why is that important? Because faith and it clearly is something that that with respect to our NATO deploy- the Russians have always wanted to would be very difficult for a country to ment of the so-called phased adaptive limit U.S. missile defenses, and this do, unless a country had built into the approach, the first three phases will be now gets the foot in the door for them treaty the very excuse that they are deployed, but the fourth phase, the one to argue that under the treaty, they talking about as grounds for leaving that is most effective against an ICBM would have a right to withdraw if we the treaty. What would that extraor- coming from long range, which could improve our missile defenses. That gets dinary event be? Well, it would be the include a country such as Russia, is to the real issue, and that is the pre- improvement of U.S. missile defense available—not deployed but available— amble to the treaty. systems. by 2020. I wish to quote from Richard Perle Here is what Foreign Minister Instead of having a firm rebuttal in and Ed Meese, both of whom served in Lavrov said on March 28: response to what the Russians said in the Reagan administration. Richard [T]he treaty and all obligations it contains the preamble and in their signing Perle was with President Reagan at are valid only within the context of the lev- statement accompanying the signing of Reykjavik, a seminal moment in arms els which are now present in the sphere of the treaty, what was our response? It control history and for the Reagan ad- strategic defensive systems. was not a firm rebuttal. We didn’t say: ministration. It was a time when Presi- That is their position. That is their No, that is not correct. That is not our dent Reagan decided missile defenses legal position. That is what they mean understanding. That is not what we for the United States were so impor- by ‘‘current’’ in the preamble. The rea- did, even though we had done that, by tant that he would walk away from a son that legal opinion is important is the way, with the START treaty. We major strategic offensive weapon pro- because the United States does in- pushed back very firmly on the Rus- posal that had been made to him by tend—if you believe Secretary Gates sians’ signing statement. But instead, President Gorbachev. Here is what and I certainly do—does intend to de- the State Department response to the they write: velop missile defense capabilities that Russian unilateral statement is as fol- With this unfortunate paragraph, New could qualitatively advance our protec- lows: START returns to the old Cold War ‘balance tion against a missile coming from The United States of America takes note of terror’ and assumes that attempts to de- Russia. It is not necessarily designed of the statement on missile defense by the fend the U.S. and its allies with missile de- for that purpose. It may be designed to Russian Federation. Defense. The United fenses against strategic attack are threat- States missile defense systems are not in- ening to Russia and thus destabilizing. Lim- thwart an ICBM from Iran or from North Korea, but it has that capability tended to affect the strategic balance with iting missile defenses to preserve U.S. vul- Russia. The United States missile defense nerability to Russian strategic nuclear and the Russians can easily define it as systems would be employed to defend the strikes (as defined by the Russians) will re- such. United States against limited missile sult in less effective defenses against any Here is the Russian legal opinion: launches, and to defend its deployed forces, and all countries, including Iran and North The treaty between the Russian Federa- allies and partners against regional threats. Korea. tion and the United States of America on the The United States intends to continue im- That is the problem. reduction and limitation of strategic offen- proving and deploying its missile defense How does that problem arise? Be- sive arms signed in Prague on April 8, 2010, systems in order to defend itself against lim- cause of the language in the preamble. can operate and be viable only if the United ited attack and as part of our collaborative

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We are only de- on modernization, yes on our willing- ity to actually deploy missile defense. veloping missile defenses that would be ness to go forward and build a missile So if we want to play a technical game effective against regional threats, defense. on the floor and run away and say: Oh, against limited missile launches, It has been said again and again and there is a limitation here; that is ter- against limited attack. again by the highest officials of our rible, well, you can do that, but it So it appears to me that while the government—and I think the President doesn’t make sense. It doesn’t actually Russians have built into this treaty will make some further statement limit the plans of this administration and into the preamble the perfect argu- about this, hopefully, within the next to go forward with real missile defense ment for withdrawal and they have di- hours or the next day—that can indi- and with a system that allows us to rectly said it constitutes exceptional cate the absolute total commitment to intercept missiles fired from a silo in a circumstances under their interpreta- proceed forward and the irrelevance of missile field in the United States. tion of article XIV, the United States what the Senator is referring to in the What is more, if we do convert those has not responded with a negative but context of a statement that is not other silos, we don’t have a mechanism rather with a statement that says: within the four corners of the agree- for determining what kind of missile is Don’t worry. ment, that has no legal binding author- coming out of there. Is it an ICBM or Might I inquire, is the original 30 ity at all—none. an interceptor? What happens if we are minutes which this side was allotted Don’t accept my word for it. Sec- firing one of those missiles to intercept consumed? a rogue missile from North Korea or The PRESIDING OFFICER. The Sen- retary of Defense Robert Gates, whom I know the Senator respects enor- wherever, and the Russians happen to ator from Arizona has no time limita- misinterpret it and they don’t know tion right now because there is no one mously, said the following on May 25: So you know the Russians can say what what it is—there is no plan or anything following. that says we can do that. Mr. KYL. Let me do this, since I do they want. But as Secretary Clinton said, these unilateral statements are totally out- In fact, we are safer, given the way see Senator CASEY on the floor, and side the treaty, and they have no standing. the administration has decided to de- Senator KERRY may have something They are not binding. They never have been. ploy this. Here is what the resolution more to say. Let me try to sum up of ratification says: It says in under- what I am saying about missile de- That is one statement. standing No. 1, missile defense—and fense, although there is much more to LTG Patrick O’Reilly is the Director this is what we will vote on. It says it talk about, and this will very defi- of the Missile Defense Agency. He tes- is the understanding of the United nitely be the subject of maybe even the tified on June 16, and this is a yes: States that the New START treaty first amendment that is offered on our I have briefed the Russian officials in Mos- side because there has been such a cav- cow, a rather large group of them, in October does not impose any limitations on the alier attitude about this on the other of 2009. I went through all 4 phases of the deployment of missile defenses other phased adaptive approach, especially phase 4. side: We don’t need any amendments. than the requirements of paragraph 3 And while the missiles that we have selected, of article V that I just referred to We don’t need any missile defenses. as far as the interceptors in phase 4, as Dr. This is serious business. You would about the silos that we don’t want to Miller says, provide a very effective defense do anyway, which costs the American never enter into a contract to buy a for a regional-type threat, they are not of car or a house, for example, with a de- the size that have a long-range to be able to people more and will make us less safe. gree of uncertainty or disagreement be- reach strategic missile fields. We don’t want to do that. So that is in there. That is all that is in there. tween the parties as to what the terms He says: It then goes on to say that this provi- mean. Think about this treaty. This is It’s a very verifiable property of these mis- a very serious proposition that starts sion shall not apply to ICBM launchers siles, given their size, and so forth. It was that were converted prior to the signa- with a fundamental disagreement be- not a very controversial topic of the fact tween the parties and clearly could cre- that a missile given the size of the payload, ture of the treaty. Then paragraph (b) ate enormous complications in our re- could not reach their strategic fields. I have says any additional New START treaty lationships in the future. briefed the Russians personally in Moscow limitation on the deployment of mis- If I could just finish this point. In- on every aspect of our missile defense devel- sile defense, beyond that one I just re- stead of creating a more stable rela- opment. I believe they understand what it is ferred to that we are talking about, in- and that those plans for development are not cluding any limitations that come out tionship, a relationship built on the limited by this treaty. reset, a relationship which is built on of the Bilateral Consultative Commis- very clear, transparent views of things So in the treaty ratification resolu- sion, those would require an amend- on how we are moving forward to- tion—here I will make the Senator ment to the New START treaty which gether, built into this treaty is an in- from Arizona happy, but I will also not could only enter into force with the ad- herent conflict that can cause nothing please him. The happy part: If we want vice and consent of the United States but trouble in the future unless the to be purely technical and sort of be Senate. That is it. We have control United States says: Fine. We will not kind of literal as to technical writing over whatever might happen beyond develop any missile defenses that could of some particular thing, can we say that one simple silo issue. conceivably be effective against Rus- that article V has a limitation on stra- I respectfully suggest we ought to lis- sia, which then means that they tegic defense? Yes, in the most limited ten to the folks who are telling us what couldn’t be effective against an ICBM technical way we can say there is a they have accomplished. The Secretary from Iran or an ICBM from Korea. limitation. The limitation is that we of Defense said, from the very begin- This is the dilemma presented by this can’t take intercontinental ballistic ning of this process more than 40 years treaty and its preamble terms. This is missile silos, other than the four al- ago, the Russians have hated missile what causes us such great concern. I ready grandfathered—the new ones— defense. It is because we can afford it am happy at this point to yield to my and convert them into an interceptor and they can’t; and we are going to be colleague, and if he would like to en- missile silo. able to build a good one and are build- gage in a colloquy, that would be fine. In that sense, we have limited some- ing a good one, and they probably Mr. KERRY. Mr. President, I thank thing, but have we limited missile de- aren’t. They don’t want to devote the the Senator from Arizona. I want to fense? As we think about it in its larg- resources to it, so they try to stop us take a moment, though, to address this er strategic context, the answer is, no, from doing it through political means. point he made—I think it is central— not one iota. Why? Because those par- This treaty doesn’t accomplish that and then we can talk about it. Then I ticular silos cost more money, and in a for them. That is what Secretary Gates want to give Senator CASEY an oppor- deficit-conscious age, where we are try- has said. This treaty doesn’t accom- tunity to speak. ing to cut spending, it is a heck-of-a- plish it. I believe Secretary of Defense

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I have a brief response. from what would have otherwise been a Finally, Secretary Clinton said to There are concerns by a lot of col- much more robust development of mis- the Foreign Relations Committee that leagues on my side of the aisle, so it is sile defenses to protect the people of the Obama administration has consist- not just a matter of satisfying JOHN the United States. ently informed Russia that, while we KYL. Let’s understand that. I would be So that is the argument we are mak- seek to establish a framework for U.S.- happy to take yes for an answer—if ing. We can say that, technically, any- Russian BMD cooperation, the United that were the answer. body can withdraw from the treaty all States cannot agree to constrain or My colleague confuses two things. they want to and the preamble doesn’t limit U.S. BMD abilities operationally, First, the preamble has been agreed to mean anything or so on. Well, it ap- numerically, qualitatively, geographi- by both parties. This is not just a Rus- pears to have already had a significant cally, or in other ways. I don’t know sian statement of intent. The preamble meaning within this administration is how much more ‘‘yes’’ you can have in is part of the treaty that we have the point we are trying to make. statements. agreed to. For the first time, it con- Mr. KERRY. Well, Mr. President, I One last thing with respect to the nects missile defense with strategic of- want the Senator from Pennsylvania to comment about how they can with- fensive limitations by saying the cur- be able to have his chance, and we are draw: Mr. President, they can with- rent strategic defensive arms do not running out of time, but I disagree draw for any reason they want, at any undermine the viability and effective- with the Senator with respect to the point in time, just by noticing us that ness of the strategic arms of the par- judgment he has made with regard to they are going to do that. Guess what. ties. what it does or does not do, and we will So can we. Both parties have the right Secondly, my colleague says it is a have an opportunity to be able to fur- to withdraw. So this isn’t some new technical argument that the treaty ther discuss that component of it. component they can withdraw from. otherwise constrains missile defenses. But let me remind the Senator of The point I make to my colleague—and It is more than a technical argument. what Secretary Gates said this May. he is very intelligent and knows these It specifically does—and there was no He said, under the last administration issues very well—the Senator from Ari- place in this treaty for any limitation as well as under this one, it has been zona knows we can’t unilaterally get on missile defenses or how important the U.S. policy not to build a missile another country to change its percep- or unimportant they are. Why would defense that would render useless Rus- tion of how they may feel threatened. the Russians insist on putting that in sia’s nuclear capabilities. It has been a That is what drove the arms race for 50 there except to establish the beach- missile defense intended to protect years. head? The point is that, yes, a stra- against rogue nations, such as North If the United States of America has tegic arms control treaty will deal Korea and Iran or countries that have an ability to knock down their missiles with missile defense. It does, and the very limited capabilities. He went on that they think defend them, and all of preamble does too by linking the two. to talk about the expense and capacity a sudden they no longer believe those Why is this important? There is not a we have today. missiles can defend them because we technical statement in the treaty that We are going to continue to develop can knock them down, what do you says the United States will limit its whatever the best system is we are able think they are going to do? They are missile defenses. That is true. But be- to develop that could protect the going to scratch their heads and say: cause the Russians interpret the ex- United States of America. We support Wow, we ought to develop some method traordinary events—the technical term that. The administration could not be to guarantee that they can’t knock under article IV that would permit a more clear in its determination to con- them down, or that we have enough of country to withdraw—as specifically tinue to do that, including phase IV. I them so that we can overwhelm what- including the U.S. development of mis- will submit, when we get time and ever system they have that knocks sile defenses that are qualitatively bet- come back, further statements and fur- them down. ter than we have now, better than cur- ther clarification to the Senator that We went through this with President rent policy, because that is their inter- hopefully can give him a comfort level Reagan, and we have spent billions try- pretation, whether or not we agree that there is no dichotomy, that we are ing to pursue this. We understand that. with that interpretation, we have cre- proceeding forward, and the Russians The fact is, they are just stating a ated a dichotomy between the two par- understand what we are doing. truism. Those are not my words; those ties to a very important contract. They We should not misinterpret. Pre- are Dr. Henry Kissinger’s words, who interpret it one way and we interpret it ambles have historically incorporated said all the preamble does is acknowl- another. What will the inevitable re- statements that one side or the other edge that they believe there is a consult be? Disagreement between our need for domestic consumption for nection. We have stated simulta- countries about a fundamental point, their politics. There is no misinter- neously that we don’t care if they be- one which, according to the Russians, pretation here about where we are lieve there is a connection. We stated will require them to engage in a new headed, what we are committed to do, that. Secretary Clinton stated it, Sec- round of the arms race that will begin, and I would think the recent announce- retary Gates stated it, and the Presi- according to President Medvedev. ment by the administration in Lisbon dent has said we are going forward They are saying: If you don’t agree and the embrace of this effort through with our phase 4. with this, under the circumstances we the European countries, our allies, Now, it is not connected. There is no are going to engage in another round of would be strong testimony to the direc- legal, binding connection whatsoever strategic offense weapon building. tion we are moving with respect to this in this treaty. This treaty does not What we on our side are concerned missile defense. constrain America’s capacity to de- about is that President Obama, who We will continue this. I look forward velop a robust, qualitatively superior, has already backed off the deployment to doing that with my colleague. I improved system. If we do, we are of the GBI system, which was the most thank him for his courtesy, and I look going to make a decision, when we de- robust American missile defense sys- forward to further discussion. ploy it, to accept whatever con- tem, and has qualified, it appears, the I yield the floor. sequences come with whatever shape deployment of the fourth phase of the The PRESIDING OFFICER. The Sen- and form we do deploy. But there is no phased adaptive approach, and who ator from Pennsylvania. restraint on our ability to do it. other people in the administration Mr. CASEY. Mr. President, I am In fact, my colleagues on the other speak in terms of that—I am talking grateful for the work our chairman, side of the aisle ought to be leaping at about the State Department and our Chairman KERRY, has put into this

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10381 treaty over many months now—in fact, people hope we have in place—and they fact, experience with nuclear weapons many years when you consider his know we will upon ratification—a veri- treaties of the past—have stated that work as a member and now chair of the fication and tracking system that will neither the language in the preamble Foreign Relations Committee. give us the assurance that will allow us referencing any interrelationship be- We are grateful for the debate we to be secure in the knowledge we are tween strategic offensive and defensive have just heard. These are critically going to be able to do everything hu- forces nor this unilateral statement by important issues we are talking about, manly possible to verify. The treaty the Russians places legally binding ob- and that is one of the reasons why it is contemplates ways to do that, and ligations on the United States. critically important we make sure the there are four or five I will mention. In fact, that summary of their posi- American people know what the stakes First of all, invasive onsite inspection appeared in the Wall Street Jour- are. Without ratification of this treaty, tions, as you would want in any situa- nal on April 20, 2010. So that is not just we are, in fact, less safe than we should tion in your own life. You would want a statement by people on this floor, it be. I think the American people under- to make sure you can be onsite. The is cited in the Wall Street Journal. stand that. I also believe the American problem right now is, we have gone all I think when you step back from people want to make sure that even these months without verification in this, especially on missile defense, in upon ratification of this treaty, the place. So we want to have boots on the order to reach the conclusion that New START treaty, that in no way will ground and experts trained to verify some have reached and the determina- our security be undermined as relates what the situation is when they are re- tion they have made against the trea- to our nuclear arsenal. We can say, viewing the Russian nuclear weapons. ty—I guess on missile defense grounds without qualification and without hesi- Second, it allows us to use the won- alone—you would have to believe it is a tation, that ratification of the New ders of American technology to help us logical conclusion that Secretary START treaty doesn’t in any way un- on this—the so-called national tech- Gates doesn’t seem to be too concerned dermine the safety, security and effec- nical means. about missile defense. But apparently tiveness and even the reliability of our Third, what is referred to as ‘‘unique he is, and he has spoken to this. You nuclear arsenal. identifiers’’ placed on each weapon so would have to conclude Admiral So these are critically important you can track each weapon because of Mullen, who has said we should ratify issues. We know there has been kind of that identifier. That is a critically im- this, hasn’t made a determination a side debate about time and timing. portant part of this. about missile defense. I think he has We know that in addition to all the liv- The data exchanges between our two and I think that is why we can rely ing Secretaries of State who have sup- countries and certainly the prompt no- upon that support and certainly the ported ratification, former President tification of the movement of weapons. support of the Missile Defense Agency George Herbert Walker Bush, Sec- This treaty permits up to 18 short-no- Director, LTG Patrick O’Reilly, some- retary Gates, and Admiral Mullen, our tice, onsite inspections each year to de- one whose job it is to be concerned leading national security team—but termine the accuracy of Russia’s data about this and someone who has expe- also I think the American people— and to verify compliance. We will talk rience with and involvement in what want to tell us in a very direct way more about that later. missile defense means and what it that we are going to continue to work But of course when the American means to our security. up to and through the holidays, if that people talk to us, they tell us they ex- So I think there is ample evidence is necessary, because I think a lot of pect us to get this right. They want to and ample testimony on the record be- Americans agree with what BG John make sure there is a very strong verifi- fore our committee and otherwise that Adams recently said: cation structure in place as we go for- indicates in no way does this treaty We have 150,000 United States warriors ward. Without ratification, we would constrain our ability to develop and de- doing their job over Christmas and the new not have that verification in place, and ploy missile defense. year. The U.S. Senate should do its job and I think a lot of people in the country I know we are short on time, and I ratify this treaty. expect us to ratify for that reason will wrap up, and I will have more to That is not a comment by a public of- alone, in addition to the other reasons. say as we go forward. But when you ficial, that is from BG John Adams. We had a good debate today about consider the implications for our secu- We know similar treaties in the past missile defense—a second issue I will rity that this treaty involves and also have been overwhelmingly bipartisan. I address—and I know we are short on think in a larger sense in terms of how think when we finally get to the vote, time, but the Senate Foreign Relations people view this debate in Washington, this will be as well, and there is evi- Committee made it absolutely clear in there are a lot of people who are con- dence of that both in the Foreign Rela- the resolution of ratification of the cerned about our economy. They are tions Committee—a committee I am treaty that the treaty itself would not concerned about their own jobs and proud to be a member of, working with constrain missile defense. Two under- concerned about their own family’s Chairman KERRY on this treaty ratifi- standings within that—understandings economic or financial security. That is cation and the work done in the com- No. 1 and No. 2—as well as declarations a chief source of their anxiety. But I mittee—but also we are seeing a lot of No. 1 and No. 2 specifically address and think they also worry about our na- bipartisanship as well in the Senate as reiterate the U.S. commitment to de- tional defense. They are worried about we are discussing the eventual ratifica- veloping and deploying missile de- terrorism and they are worried about tion. fenses. attacks and they are worried about na- I wished to talk about two or three Nothing in this treaty will prevent us tional security and their own security. issues but, first of all, ratification as it from having a safe, secure, and reliable We need to give them assurances that relates to verification. nuclear arsenal and nothing will con- at least as it relates to nuclear weap- I think in our own lives, no matter strain our ability to have missile de- ons pointed at the American people, who we are, when we are making an fense. In fact, as Chairman KERRY that we are taking a significant step important decision and we are reaching noted—and it is important to repeat here—a historic step—that will ensure conclusions, we want proof. We want this—the committee’s resolution that we have both a safe, secure, and effec- information that is conclusive so we brought the treaty to the floor goes to tive nuclear arsenal to go at any na- can make important decisions in our great lengths to reaffirm and further tion that would cause us harm, but at own lives. The same is true, and cer- clarify the treaty’s preamble, and Rus- the same time we are taking steps to tainly even more urgent, when we are sia’s unilateral statement imposes no reduce nuclear weapons across the talking about nuclear weapons. When limits on our ability to develop and de- world to make us, in fact, safer. we talk about a treaty that we are ploy these missile defense systems. We all believe this. Both sides of the working to ratify, we are talking about I would note also, in connection with aisle believe this. We want a strong na- a couple of basic issues. One of them is missile defense, that our military and tional defense and we want to be safe. verification. civilian leaders—the ones who have What we have to do in the next couple What does verification mean? Well, it studied the treaty, who have vast expe- days—after thousands and thousands of means that, for example, the American rience with national security and, in questions being asked of and answered

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10382 CONGRESSIONAL RECORD — SENATE December 16, 2010 by the administration, after 15 or so fense have come out in support of New port for punitive non-proliferation we hearings just in the Foreign Relations START, including James Schlesinger, must lead by example. New START Committee, after months and months William Perry, Frank Carlucci, and demonstrates our commitment to lim- of debate, months and months of testi- Harold Brown. Former Secretaries of iting the threat of nuclear weapons— mony, after all that—is complete our State of both parties are also advo- even those in our own arsenal. And it work. We have to ratify this treaty, cating Senate ratification: Colin Pow- bolsters our further requests to other give the American people some peace ell, Madeleine Albright, George Shultz, countries to squeeze Iran in ways that of mind in this holiday season that our James Baker, and Henry Kissinger. The the ayatollahs cannot tolerate. defense is strong, that our nuclear ar- list of distinguished, trusted and expe- Even while New START will renew senal is strong, and that we can come rienced advocates goes on and on, read- our leadership in nuclear nonprolifera- together and ratify a treaty that has ing like a ‘‘Who’s Who’’ of the U.S. dip- tion, the treaty reserves our right to been endorsed across the board by ex- lomatic and military communities. pursue missile defense options and perts in national defense, people who One of the biggest reasons why so maintain an effective nuclear deter- care deeply about our security. many experts are arguing for ratifica- rent. A nuclear weapon in the hands of Mr. LEAHY. Mr. President, I support tion of this treaty is because it will do a terrorist is extremely unlikely to ar- the New Strategic Arms Reduction a great deal to control Russian nuclear rive on the tip of a missile. Even so, Treaty, also called the New START arms and resume verifiable inspec- the most ardent supporters of spending Treaty. New START, if ratified, will tions. New START would reduce Rus- billions more on strategic missile de- have several major and positive im- sia’s deployment of strategic nuclear fense must acknowledge that New pacts on our national security and on warheads by about 25 percent. U.S. in- START’s provisions were so well nego- global nonproliferation. I must express spectors have not held an inspection of tiated as to bar limitations on Amer- my deep disappointment that the Sen- Russia’s nuclear arsenal for a year; ican defensive technologies. Similarly, ate has not yet ratified this treaty, and New START would resume inspections. the treaty will not prevent us from de- I join my friends Chairman KERRY and Specifically, U.S. inspectors will have terring other nuclear powers. New Senator LUGAR in appealing to all Sen- 18 annual inspections of Russian deliv- START allows the United States to ators for their cooperation and support ery vehicles and warheads. No previous maintain a highly credible deterrent. Expansive and unchecked Russian in ratifying this treaty. The New treaty has allowed direct U.S. moni- and American nuclear arsenals are dan- START treaty is the right move for toring of Russian warheads for verifica- gerous, expensive, and unnecessary. our country and for our world. tion purposes. In fact, the close per- Eliminating the threat of stolen or il- New START builds on a long history spective that U.S. inspections would legally purchased nuclear weapons of strategic nuclear arms treaties be- allow under this treaty will eliminate must be among the very gravest tween the United States and Russia the need to share information about threats that the United States faces and Russia’s predecessor, the Soviet missile flight testing since that infor- today. New START will help us dimin- Union. Beginning with the Strategic mation, also called telemetry, was used ish and contain that threat. At a time Arms Limitation Talks ratified in 1972, to determine the number of warheads when leaders of both parties are seek- we have entered into three strategic that a missile carried. New START will ing ways to cut the budget deficit, our arms control treaties with the Soviet let us determine that by counting the nuclear program seems like an unnec- Union and Russia. This number does warheads themselves, not by evalu- essary and burdensome vestige of the not include START II, which was rati- ating missile flight data. Secretary Cold War. It is difficult if not impos- fied by the Senate in 1996 but never en- Gates has confirmed that New START sible to credibly argue today that the tered into force due to subsequent trea- is sufficiently verifiable that the massive nuclear arsenal we built to ty mandates from the Russian Duma. United States could determine if Rus- deter the Soviet Union serves our needs The most recent arms control treaty, sia made any attempts to cheat on our in today’s changed world, where ter- the Strategic Offensive Reductions break out of the treaty. rorism and the support of terrorism Treaty, or SORT, was ratified unani- Perhaps one of the greatest benefits loom so large as threats to our secu- mously in March 2003. of New START is its contribution to rity. Unfortunately, both the SALT and global nonproliferation, which all of us The time has come to do the right original START treaties have expired, can agree would be strongly beneficial thing for the right reasons. Both par- with START concluding last December. to our national security interests. The ties should cooperate, as we have in the The expiration of these treaties means United States will never convince past, on issues that will make our that the United States presently has no other states to forgo a nuclear program country safer. No one should doubt fully implemented arms control treaty if we do not show our own commitment that the New START treaty will do ex- governing the nuclear weapons stock- to ending the nuclear scourge. More actly that. Especially on an issue so vi- piles of the United States and Russia. importantly, we will not be able to tally important to our security, and to This circumstance is dangerous to our reach agreement with our partners the security of our children and grand- national security and needs to be rec- about punitive nonproliferation meas- children, the American people want tified as soon as possible. ures without ratifying New START. and deserve a fair and straightforward I am not alone in holding that posi- It is difficult to discuss this subject debate. Partisan point-scoring should tion. A bevy of experts have strongly without raising the issue of Iran’s nu- be checked at the door. Let us vote to urged support for the New START trea- clear program. Today the international ratify New START. ty, from all points on the political community has put in place deservedly Mr. REID. Mr. President, we have spectrum. Every senior leader and ex- harsh sanctions against Iran’s gov- done a lot of important work this year. pert in the current administration sup- erning regime. These sanctions are so We have reformed our health care sys- ports the quick ratification of New tough that Kenneth Pollack quotes tem to give families more options and START, from Secretaries Gates and former Iranian President Ayatollah more control. We have brought ac- Clinton to a whole range of uniformed Rafsanjani as calling them ‘‘no joke’’ countability to Wall Street; and leaders such as Admiral Mullen, the and warning ‘‘that [Iran’s] situation is reigned in the reckless behavior that Chairman of the Joint Chiefs; General dire.’’ These sanctions required patient led to the economic crisis. We have O’Reilly, the Director of the Missile international cooperation that cannot given relief to millions of Americans Defense Agency; and General Klotz, the survive American preventive attacks. hurting because of the economy. Now, Commander of the Air Force Global And without sanctions we should give it is time for us to protect the national Strike Command. General Klotz is up any hope of ending Iran’s nuclear security of the United States. joined by many of his predecessors who program. First of all I want to say that I was commanded the Strategic Command Instead, we must continue to isolate pleased that we were able to move for- and Strategic Air Command, including Iran by garnering international sup- ward and start debate on the treaty General Welch, General Chain, General port for further escalating sanctions. today. I hope we can continue to have Butler, Admiral Ellis, General Davis, The United States, not Iran, is the in- a process that allows for real discus- and more. Former Secretaries of De- dispensable nation, and to gather sup- sion and debate.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10383 This treaty is critical to the national A wide range of Republican and I suggest the absence of a quorum. security of the United States. We know Democratic national security leaders The PRESIDING OFFICER. The that one of the greatest security have come out in support of the treaty, clerk will call the roll. threats America faces is a nuclear including former President George The bill clerk proceeded to call the weapon in the hands of a terrorist. A H.W. Bush, Colin L. Powell, Madeleine roll. nuclear-armed terrorist would not be K. Albright, LTG Brent Scowcroft, Mr. REID. I ask unanimous consent constrained by doctrines of deterrence James Schlesinger, Stephen Hadley, that the order for the quorum call be or mutually assured destruction but Sam Senator Nunn, and Senator JOHN rescinded. The PRESIDING OFFICER. Without could attack and destroy one of our WARNER. cities without warning. By ratifying As we enter this historic debate, we objection, it is so ordered. this treaty, we can help stop that trag- want to ensure that all voices are f edy from happening. heard. We plan to allow our Republican FUNDING THE GOVERNMENT This treaty would secure nuclear colleagues the opportunity to express Mr. REID. Mr. President, Members stockpiles by taking nearly 1,500 U.S. their views and concerns about the and Russian nuclear weapons—weapons on both sides anticipated my filing clo- treaty and to have a reasonable num- ture tonight on the spending bill that that now sit pointed at cities like ber of germane and relevant amend- Washington and Moscow, Chicago and would take us through next year. Ev- ments. eryone knows we are operating under a St. Petersburg—and put them on ice. It Republicans have been included in has been more than a year since Amer- continuing resolution that expires Sat- the process from the beginning—the urday night at midnight. Senator ican inspectors were on the ground resolution recommended by the For- INOUYE has worked so very hard for the monitoring the Russian nuclear weap- eign Relations Committee that we will ons arsenal. It is critical that we ratify entire year, working on a bipartisan debate was, at the urging of Senator agreement and in a bipartisan manner, this treaty so we can get that window KERRY, crafted by Senator LUGAR to into exactly what the Russians are, or to put together a bill that will respon- reflect the views of Republican col- sibly fund the government for the next are not, doing. leagues, and the Foreign Relations This treaty preserves a strong U.S. fiscal year. He has not done this as Committee then adopted in its markup king. He has done it working with nuclear arsenal. As treaty negotiations two additional Republican amend- were underway, U.S. Military leaders Democrats and Republicans. Senator ments. COCHRAN has been in on all the efforts provided analysis and determined the Senator KYL raised legitimate con- number of nuclear weapons we needed Senator INOUYE has made. The product cerns about the state of the U.S. nu- was filed a few days ago. The overall to retain to keep us safe here at home. clear weapons complex, and the admin- With the United States and Russia spending level was supported by 40 Re- istration responded with a commit- controlling over 90 percent of the publicans earlier this year. ment of $85 billion to upgrade that world’s nuclear weapons, we need the In addition, the bill contains prior- complex over the next 10 years. ities for Members, Democrats and Re- stability and transparency this treaty But there is a difference between le- would provide. publicans. Although some of my Re- gitimate policy concerns and those who We aren’t ratifying this treaty be- publican colleagues in recent days have simply wish to use procedural tricks to cause we want to be Russia’s best publicly distanced themselves from the friend. But we do need to work to- keep the treaty moving forward. idea that Members have a role to play We can easily complete this treaty gether with Russia to stop the most in the appropriations process, all of with a reasonable amount of time, as dangerous nuclear threats from around them did nothing privately to with- the Senate has in the past. We can con- the world, including Iran and North draw their priorities from this bill. Korea. tinue our institution’s long history of I will not take a long time tonight, By ratifying the START treaty, we bipartisan support for arms control. but I will say a few things about this. will increase our ability to work with And we can take 1,500 nuclear weapons It is no surprise because I have said it other countries to reduce nuclear off their launchpads and make the fu- before. I, like everyone here, support weapons around the world and to make ture far safer for the children of Amer- the Constitution of the United States. sure that those weapons are kept safe ica and the world. I don’t carry this with me every day and secure. With that, I yield the floor. but nearly every day. I don’t read it Given the obvious advantages of this The PRESIDING OFFICER. The Sen- every day, but I have a pretty good treaty to our national security, I hope ator from Massachusetts. idea what is in it. One of the things I we will be able to continue this institu- Mr. KERRY. Mr. President, I think understand and support is that the tion’s tradition of bipartisan support we have had a good opportunity Founding Fathers decided we should for arms control. The START treaty throughout today and yesterday to have a unique form of government, builds on a long history of bipartisan open some of the issues and give col- with three separate and equal support for treaties which limit the leagues a sense of what is in the treaty, branches. I believe, as one of the legis- strategic offensive weapons of the the resolution of ratification, and how lators here in the framework of the United States and Russia. it addresses many of the concerns. My government set up by the Founding Fa- The Senate, as well, has a long his- hope is, perhaps, as we go out of execu- thers, that I have a number of respon- tory of broad bipartisan support for tive session and into legislative session sibilities. One of those responsibilities these types of treaties. for a period of time, it will give some set forth in that Constitution is to Continuing that tradition, the Sen- of us an opportunity to sit down and make sure that the executive branch of ate Foreign Relations Committee over- work together to see if we can find government does not take power away whelmingly approved the resolution of some of the clarifications that might from us. Three separate, equal ratification of the START treaty with resolve some of those issues for people. branches of government, not three a bipartisan vote of 14 to 4. Senator LUGAR and I are both pre- branches of government with one The U.S. military leadership unani- pared to sit with our colleagues and try stronger than the other. I think my Re- mously supports the treaty, and Sec- to do that, and obviously we look for- publican friends are giving up so much retary of Defense Robert Gates and ward to being able to get back to begin to the executive branch of government Chairman of the Joint Chiefs of Staff the process of legislating on whatever in doing away with congressionally di- Admiral Mullen have spoken in favor understandings, declarations, and rected spending. of the treaty in their testimony before clarifications Senators may have. I It wouldn’t matter if George Bush the Senate. would ask my colleagues to carefully the first, George Bush the second, Secretaries of State from the last read the resolution and look at the Jimmy Carter, Ronald Reagan, Presi- five Republican Presidents support the many places in which rail-mobile mis- dent Clinton, or Barack Obama were treaty because they know, in their sile defense and all these other issues President. I don’t like this grab of words, the world is safer today because have been addressed by that resolution. power. That is what it is. I don’t know of the decades-long effort to reduce its I see the hour of 7 has arrived, and I why people in this branch of govern- supply of nuclear weapons. yield the floor. ment are willing to give that power up.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10384 CONGRESSIONAL RECORD — SENATE December 16, 2010 This bill, put together by Senator Mr. MCCONNELL. Mr. President, going to be done in a timely fashion for INOUYE and Senator COCHRAN, is a good may I make a few observations about an opportunity out here on the floor of bill. It is an important piece of legisla- where we are? the Senate for Members of both parties tion. It has priorities that are so vi- Mr. REID. Yes. I am going to file clo- to offer amendments, make sugges- tally important to children. ture tonight on the DREAM Act. We tions, and improve the bill. Mr. President, 300,000 children in will have a cloture vote on that Satur- I too respect the work the Appropria- America, as a result of our not moving day morning fairly early. I am going to tions Committee has done. I don’t forward, are going to be treated much file cloture on don’t ask, don’t tell to- agree with the priorities we have had differently. The Head Start Program night. So those will be sequenced for here in the Senate about what things has been proven to be something that Saturday or whenever we get to them. are important. As a result of not doing is vital to the country, and 300,000 chil- But we have to move this along. Fol- the basic work of government, here we dren will not be eligible for Head Start lowing that I was told by a number of are at the end struggling with this because of this. Programs in our Republican Senators that they needed issue. There is only one reason why schools will be much less than they 6 or 7 days to debate and offer amend- cloture is not being filed and the ma- should be. Senior citizens will be sig- ments on the START treaty. That will jority leader, to his credit, has already nificantly harmed. We have in this leg- certainly be available. We will finish, if said it. He doesn’t have the votes. The islation programs that will create jobs, the math works out the way I believe reason he doesn’t have the votes is be- jobs through developing infrastructure it will, early Monday morning. cause Members on this side of the aisle that is so desperately needed. This ac- First of all, tomorrow we can debate increasingly felt concerned about the tion taken by my friends on the other START to everyone’s heart’s content. way we do business. For many of our side of the aisle is going to cause peo- They can offer as many amendments as Members it was not so much the sub- ple to lose their jobs. they want, and then Monday we can go stance of the bill but the process. Let’s Military construction. I have impor- to that again. This would be 3 days al- learn from this. We will get together, tant bases vital to the security of this ready completed on that, 3 or 4 days, as the majority leader said, and deter- Nation in Nevada. They are all going to whatever is appropriate next week to mine what appropriate time for a con- be damaged as a result of what has complete the START treaty. We would tinuing resolution makes sense to offer happened here. One reason I feel so put wind this up by taking care of the to govern on an interim basis, and let’s upon, which is probably a word that nominations that Senator MCCONNELL come back here after the holidays with people don’t much care whether I am and I have been working on. That is a renewed desire to do our business in put upon, but I tried to make this the range of things we have to do. I a timely fashion and avoid this kind of something that was good for the Con- have told the two Senators from New thing in the future. gress. I was elated that one of my Re- York that I will move to reconsider I yield the floor. publican friends said: Here is who is their vote at some time, but that is The PRESIDING OFFICER. The ma- going to support you. Here is who is going to happen fairly quickly. jority leader. The PRESIDING OFFICER. The Re- going to support you, up to nine. Mr. REID. Mr. President, it doesn’t publican leader. I have talked to a number of those take a person with a PhD to under- Mr. MCCONNELL. Mr. President, let Senators. I will not identify them. I me respond briefly to the majority stand that I differ with what my friend, know who they are. I have it right leader. I too want to commend the the senior Senator from Kentucky, here. I won’t tonight or any time pub- members of the Appropriations Com- said, things that don’t indicate what licly ever say anything about who they mittee for all the work they have done, history is in the Senate. We have been are, but they know who they are. In particularly Republican members of facing 87 filibusters this Congress. For the last 24 hours they have walked the Appropriations Committee who did anyone to suggest that the reason the away from the ability for us to com- NOUYE and COCHRAN spend an enormous amount of time work of Senators I plete this legislation. I was told within was not completed is because we didn’t crafting and developing the 12 different the last 24 hours that we had bipartisan do the appropriations bills is far- appropriations bills that we should support to pass this bill. ‘‘Many’’ is a fetched. Senators INOUYE and COCHRAN, have been acting on all year long. This word that is too large, but a number of in good faith, worked toward what they is the first time in modern history that Republican Senators told me they were told the Democrats and Repub- not a single appropriations bill went would like to see it passed, and they licans wanted to do; that is, have a bill across the floor of the Senate—not a couldn’t vote for it. that took in the priorities of Demo- one. So the Appropriations Committee crats and Republicans. The bill that we Those nine Senators—I have called members on a bipartisan basis did in- are talking about isn’t a bill that is a some of them tonight and visited with deed do their job. The problem was the Democratic bill. It is a Democratic and them—will not support this legislation. full Senate didn’t do its job. What we Republican bill. We now have a simple choice. Are we ended up with was this, this almost going to help the people in America—I 2,000-page Omnibus appropriations bill Mr. MCCONNELL. Will my good have listed some of the people who des- which we only got yesterday. friend yield for a question? perately need this help, and it appears The point is, the work the Appropria- Mr. DURBIN. Will the majority lead- that the answer will be no—or will we tions Committee did in many respects er yield for a question? wind up passing a short-term CR to was squandered because the full Senate Mr. REID. I yield to the Senator keep government running. In reality, didn’t do its job. This is precisely the from Illinois. we only have one choice, and that is a kind of thing the American people have Mr. DURBIN. I wish to ask the ma- short-term CR. gotten tired of. jority leader, does he recall the time I I asked my friend Senator MCCON- The message we ought to take out of returned from the Appropriations Com- NELL if I should file cloture on the CR this is that next year, we are going to mittee and said Senator MCCONNELL we got from the House. He said no. And listen to the American people. We are had come to the committee and said he one thing about Senator MCCONNELL, I going to do our work, do it in a timely was going to establish the maximum have found that he levels with me on fashion. There is no more basic work amount that he would vote for in all issues. There is no need to go through than the funding of the government. the appropriations bills, the 203(b) allo- that procedure. It is not worth it to That is the first thing we ought to be cation of $1.108 trillion? And I said to anybody. We will not get a vote on doing. the majority leader, I think ultimately that. Here we are trying to do it right at that is what we are going to be voting So in the next 24 hours or so, Senator the end, as an old Congress goes out of for, Senator MCCONNELL’s number. Is MCCONNELL and I will work to try to office and a new Congress comes in. the Senator from Nevada aware of the come up with a CR to fund the govern- The message is, let’s don’t do this any- fact that the bill we were going to con- ment for a certain period of time. That more. Let’s make a bipartisan decision sider was at that number that was is where we are right now. I am sorry at the beginning of the next session asked for by Senator MCCONNELL in the and disappointed. that the basic work of government is Appropriations Committee?

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10385 Mr. REID. Yes, and it satisfied what markups and passage, and full com- was elected, we found ourselves in a we had debated here on a number of oc- mittee markups and passage. deep, deep hole. It was so deep, so deep. casions and voted on, the so-called Ses- The changes to this bill that have During the prior administration, we sions-McCaskill number. So we did come to the floor have come as a result lost 8 million jobs. The month that that. This is not a big balloon that we not of a change in policy, but because President Obama and President Bush just threw up to see how it would work we all were told that in order to get an shared the Presidency, in January— out. Senator MCCONNELL, who has had omnibus passed, we had to reduce the that month—we lost 800,000 jobs. So we a longstanding association with the amount of that bill that passed out of had a lot to do. Appropriations Committee, that was a committee—each of those bills a sig- Now, I know people criticize our number he told us we should work nificant amount—to meet the doing health care for various reasons. with. McCaskill-Sessions level. So we went There is criticism we did the bank re- Mr. DURBIN. Will the Senator yield back and cut a significant amount out form bill, Wall Street reform. We did for a further question? of each one of our bills. The result is housing reform. We had a very, very Mr. REID. I am happy to. the omnibus bill before us. busy Congress to try to dig ourselves Mr. DURBIN. As a former member of So the 2,000 pages that we are refer- out of the hole. the Appropriations Committee, is the ring to have worked their way through So I say to my friend, who, like me, Senator aware of the process in that a process. I would ask the leader if he has been on the Appropriations Com- committee, a bipartisan process where knows this. And the difference is, we mittee—I am not on it now but he is— the ranking Republican member and had to cut money to meet the level of the Appropriations Committee is a the Democratic chairman of each sub- Sessions-McCaskill. That is what we wonderful committee. Everyone here committee sit down to literally have a have before us. And that is what we are knows why we did not have the indi- hearing, mark up a bill, and accept ear- being told, after a year’s worth of vidual appropriations bills. I say to my marks from both sides of the aisle? work, that somehow we do not have the friend, I hope next year we can get That is the common practice and has capability of knowing what is in the them done. But I think there is more of been followed with the bills that are bill. Is the leader aware of that? a chance next year because we have Mr. REID. I am aware of it. But my currently sitting in front of the minor- gotten a lot done to help get ourselves friend, the Republican leader, wants to ity leader? out of the hole we found ourselves in ask a question or make some state- Mr. REID. Yes. To Senator COCHRAN’s because of the previous 8 years which ment. But I would say this to my friend credit, there were things he thought created the big hole we had to kind of from Washington, remember, this bill, should not be in the bill that Senator dig out of. which is 1,900 pages long, consists of INOUYE was putting together. Senator Mr. REID. Mr. President, I ask the the work of 12 subcommittees. INOUYE, to his credit, said: OK, it does Mrs. MURRAY. Right. Chair to lay before the Senate a mes- not go in. Everything people wanted in Mr. REID. It is work that has been sage from the House with respect to this bill—in addition to the work that done over the last year, or more in H.R. 5281. went on on the subcommittee level, the some instances, to come up with a The PRESIDING OFFICER. Will the full committee level—anything that product. So if you break it down per Senator withhold for a second? was added at a later time had to be ap- subcommittee, it is certainly a reason- Mr. REID. Yes, I will. proved by both Senator INOUYE and able number of pages on each sub- f Senator COCHRAN. committee. Remember, there are 12 LEGISLATIVE SESSION Mr. DURBIN. On a bipartisan basis. subcommittees that are a part of it. Mr. REID. That is right. I would be happy to yield, without The PRESIDING OFFICER. Under Mr. DURBIN. In every subcommittee. losing the floor, to my friend, the Re- the previous order, the Senate returns Mr. REID. Yes. And things that Sen- publican leader. to legislative session. ator COCHRAN did not want in, Senator Mr. MCCONNELL. I was just going to Mr. REID. Thank you, Mr. President. INOUYE, being the gentleman he is, ask my friend—it is hard to ask a ques- The PRESIDING OFFICER. The ma- said: OK. That is what I will tell my tion without making something of a jority leader. caucus. statement in connection with it, if that f Mrs. MURRAY. Will the Senator is OK. REMOVAL CLARIFICATION ACT OF yield for a question? Mr. REID. That is fine. 2010 Mr. MCCONNELL. Will the Senator Mr. MCCONNELL. I was not talking yield for a question? about the process by which the bill was Mr. REID. Mr. President, I ask the Mr. REID. Yes, I will yield for a ques- developed in committee. And I started Chair to lay before the Senate a mes- tion, and, of course, I maintain the off, I would say to my friend from Ne- sage from the House with respect the floor. vada, commending the committee for H.R. 5281. Go ahead. its work. What I was commenting upon The Presiding Officer laid before the Mrs. MURRAY. Mr. President, I ask was the lack of taking the bill up on Senate the following message from the the Senator to yield for a question. the floor of the Senate—over $1 tril- House of Representatives: The PRESIDING OFFICER. The Sen- lion, the basic work of government. Resolved, That the House agree to the ator from Washington. And so, Mr. President, I would ask amendments numbered 1 and 2 of the Senate Mrs. MURRAY. Mr. President, I my friend, why, if these bills enjoy bi- to the bill (H.R. 5281) entitled ‘‘An Act to amend title 28, United States Code, to clarify would ask the leader through the partisan support—and they did—why Chair, is he aware that the bill that is and improve certain provisions relating to were they not brought before the full the removal of litigation against Federal of- before us, that apparently we do not Senate and passed? I think I would say ficers or agencies to Federal courts, and for have enough votes for now, has gone to my friend, I expect it is because you other purposes’’ and be it further through a very long committee proc- had other priorities. And this is the Resolved, That the House agree to the ess? The transportation and housing basic work of government. Why did we amendment numbered 3 of the Senate with a bill that I worked with my Republican not bring any of these bills before the House amendment to the Senate amend- colleague on, I did not agree with all of Senate floor? ment. his requests, but I gave him a lot in Mr. REID. I hope the court reporter MOTION TO CONCUR this bill, as we worked our way through will take down the smile I have on my CLOTURE MOTION it and passed it out of subcommittee, face because the answer to the question Mr. REID. Mr. President, I move to passed it out of the full committee, a is kind of easy. We have had to file clo- concur in the House amendment to the committee of which the minority lead- ture 87 times in this Congress because, Senate amendment No. 3, and I have a er is a member. on everything we have tried to do, we cloture motion at the desk. All of the bills that are involved in have been obstructed. So that is the The PRESIDING OFFICER. The clo- this omnibus bill—every one of them— reason. ture motion having been presented went through a long, long process of Everyone knows we have had some under rule XXII, the Chair directs the committee hearings, subcommittee very big issues. When President Obama clerk to read the motion.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10386 CONGRESSIONAL RECORD — SENATE December 16, 2010 The bill clerk read as follows: AMENDMENT NO. 4825 Menendez, Robert P. Casey, Jr., Frank CLOTURE MOTION Mr. REID. Mr. President, I have an R. Lautenberg, Debbie Stabenow, Mark R. Warner, Tom Udall, Jeff Merkley, We, the undersigned Senators, in accord- amendment to my instructions, which Benjamin L. Cardin, Amy Klobuchar, ance with the provisions of rule XXII of the is at the desk. I ask it be reported. Christopher J. Dodd, Tom Carper, Al Standing Rules of the Senate, hereby move The PRESIDING OFFICER. The Franken. to bring to a close debate on the motion to clerk will report. MOTION TO CONCUR WITH AMENDMENT NO. 4827 concur in the House amendment to the Sen- The legislative clerk read as follows: ate amendment No. 3 to H.R. 5281, the Re- Mr. REID. Mr. President, I move to moval Clarification Act [DREAM Act]. The Senator from Nevada [Mr. REID] pro- concur in the House amendment to the Joseph I. Lieberman, John D. Rocke- poses an amendment numbered 4825 to the instructions of the motion to refer H.R. 5281. Senate amendment to H.R. 2965, with feller, IV, Byron L. Dorgan, Sheldon an amendment which is at the desk. Whitehouse, Jack Reed, Robert Menen- The amendment is as follows: The PRESIDING OFFICER. The dez, Mark Begich, Benjamin L. Cardin, At the end, insert the following: clerk will report. Bill Nelson, Michael F. Bennet, Amy ‘‘and include specific data on the impact of The legislative clerk read as follows: Klobuchar, Patty Murray, Barbara A. families who would benefit from the act, and Mikulski, Christopher J. Dodd, Richard submit the data within 5 days of enactment. The Senator from Nevada [Mr. REID] moves Durbin, John F. Kerry. to concur in the House amendment to the Mr. REID. Mr. President, I ask for Senate amendment to H.R. 2965 with an MOTION TO CONCUR WITH AMENDMENT NO. 4822 the yeas and nays. amendment numbered 4827. Mr. REID. Mr. President, I move to The PRESIDING OFFICER. Is there a concur in the House amendment to the The amendment is as follows: sufficient second? At the end, insert the following: Senate amendment No. 3, with an There appears to be a sufficient sec- amendment which is at the desk. The provisions of this Act shall become ef- ond. fective immediately. The PRESIDING OFFICER. The The yeas and nays were ordered. clerk will report. Mr. REID. Mr. President, I ask for AMENDMENT NO. 4826 TO AMENDMENT NO. 4825 The legislative clerk read as follows: the yeas and nays. Mr. REID. Mr. President, I have a The PRESIDING OFFICER. Is there a The Senator from Nevada [Mr. REID] moves to concur in the House amendment to the second-degree amendment to my insufficient second? Senate amendment No. 3, with an amend- structions. There appears to be a sufficient sec- ment numbered 4822. The PRESIDING OFFICER. The ond. The amendment is as follows: clerk will report. The yeas and nays were ordered. The legislative clerk read as follows: At the end, insert the following: AMENDMENT NO. 4828 TO AMENDMENT NO. 4827 The provisions of this Act shall become ef- The Senator from Nevada [Mr. REID] pro- Mr. REID. Mr. President, I have a fective 6 days after enactment. poses an amendment numbered 4826 to second-degree amendment at the desk. amendment No. 4825. Mr. REID. Mr. President, I ask for The PRESIDING OFFICER. The the yeas and nays. The amendment is as follows: clerk will report. The PRESIDING OFFICER. Is there a In the amendment, strike ‘‘5’’ and insert The legislative clerk read as follows: sufficient second? ‘‘2’’. The Senator from Nevada [Mr. REID] pro- There is a sufficient second. Mr. REID. Mr. President, that was poses an amendment numbered 4828 to The yeas and nays were ordered. the DREAM Act. amendment No. 4827. AMENDMENT NO. 4823 TO AMENDMENT NO. 4822 f The amendment is as follows: Mr. REID. Mr. President, I have a In the amendment, strike ‘‘immediately’’ SBIR/STTR REAUTHORIZATION ACT and insert 5 days. second-degree amendment at the desk OF 1999 and ask the clerk to report it. MOTION TO REFER WITH AMENDMENT NO. 4829 The PRESIDING OFFICER. The Mr. REID. Mr. President, I now ask Mr. REID. Mr. President, I have a clerk will report. the Chair to lay before the Senate a motion to refer the House message to The legislative clerk read as follows: message from the House with respect the Senate Armed Services Committee The Senator from Nevada [Mr. REID] pro- to H.R. 2965, which is the don’t ask, with instructions to report back forth- poses an amendment numbered 4823 to don’t tell legislation. with, with the following amendment. amendment No. 4822. The Presiding Officer laid before the And I ask the clerk to state that mo- The amendment is as follows: Senate the following message from the tion. In the amendment, strike ‘‘6’’ and insert House of Representatives: The PRESIDING OFFICER. The ‘‘5’’. Resolved, That the House agree to the clerk will report. amendment of the Senate to the bill (H.R. MOTION TO REFER WITH AMENDMENT NO. 4824 The legislative clerk read as follows: 2965) entitled ‘‘An Act to amend the Small Mr. REID. Mr. President, I move to The Senator from Nevada [Mr. REID] moves Business Act with respect to the Small Busi- to refer the House message to the Committee refer the House message to the Senate ness Innovation Research Program and the Judiciary Committee with instructions on Armed Services with instructions to re- Small Business Technology Transfer Pro- port back forthwith, with the following to report back forthwith, with the fol- gram, and for other purposes.’’, with a House amendment numbered 4829. lowing amendment. I ask the clerk to amendment to the Senate amendment. The amendment is as follows: state that motion. MOTION TO CONCUR At the end, insert the following: The PRESIDING OFFICER. The CLOTURE MOTION clerk will report. The Senate Armed Services Committee is Mr. REID. Mr. President, I move to requested to conduct a study on the impact The legislative clerk read as follows: concur in the House amendment to the of implementing these provisions on the The Senator from Nevada [Mr. REID] moves Senate amendment to H.R. 2965, and I family of military members. to refer the House message on H.R. 5281 to send a cloture motion to the desk. Mr. REID. Mr. President, I ask for the Senate Committee on the Judiciary with The PRESIDING OFFICER. The clo- instructions to report back forthwith, with the yeas and nays. the following amendment numbered 4824. ture motion having been presented The PRESIDING OFFICER. Is there a under rule XXII, the Chair directs the The amendment is as follows: sufficient second? clerk to read the motion. There appears to be a sufficient sec- At the end, insert the following: The bill clerk read as follows: The Senate Judiciary Committee is re- ond. quested to conduct a study, nationwide, on CLOTURE MOTION The yeas and nays were ordered. the impact of any delay in implementing the We, the undersigned Senators, in accord- AMENDMENT NO. 4830 provisions of this Act. ance with the provisions of rule XXII of the Mr. REID. Mr. President, I have an Mr. REID. Mr. President, I ask for Standing Rules of the Senate, hereby move amendment to my instructions which to bring to a close debate on the motion to is at the desk. I ask the clerk to report the yeas and nays. concur in the House amendment to the Sen- The PRESIDING OFFICER. Is there a ate amendment to H.R. 2965, the SBIR/STTR that. sufficient second? Reauthorization Act. The PRESIDING OFFICER. The There is a sufficient second. Joseph I. Lieberman, Barbara Boxer, Ron clerk will report. The yeas and nays were ordered. Wyden, Michael F. Bennet, Robert The legislative clerk read as follows:

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10387 The Senator from Nevada [Mr. REID] pro- ple, is once again overseas. The unit is reporting. He is going to be missed poses an amendment numbered 4830 to the fully deployed and is executing a crit- enormously, and I would ask my col- instructions of the motion to refer H.R. 2965. ical mission in Afghanistan. leagues to join me in thanking him on The amendment is as follows: The Army’s 3rd Infantry Brigade behalf of all Kentuckians for his serv- At the end, add the following: Combat Team, 1st Infantry Division is ice. ‘‘and that the study should focus attention currently deploying from Fort Knox to Mr. President, WAVE–3 TV recently on the dependent’s children’’. Afghanistan. The Duke Brigade, as it is published a story on the retirement of Mr. REID. Mr. President, I ask for known, is the first unit of its kind at their friend, John Belski, and I ask the yeas and nays. Fort Knox since the 1990s. unanimous consent that the full article The PRESIDING OFFICER. Is there a And the Kentucky National Guard be printed in the RECORD. sufficient second? continues to deploy to theater. Just There being no objection, the mate- There appears to be a sufficient sec- last week, members of the 123rd Civil rial was ordered to be printed in the ond. Engineer Squadron left for Southwest RECORD, as follows: The yeas and nays were ordered. Asia. [From WAVE3.com, Aug. 18, 2010] METEOROLOGIST JOHN BELSKI RETIRES FROM AMENDMENT NO. 4831 TO AMENDMENT NO. 4830 I am profoundly grateful for the sac- WAVE 3 TV Mr. REID. Mr. President, I have a rifice of our servicemembers and military families. And, as a Kentuckian, I LOUISVILLE, KY (WAVE).—WAVE 3 Mete- second-degree amendment to my in- orologist John Belski will retire from WAVE structions. swell with pride at the contributions made by units from the Common- 3 TV on September 8, 2010, it was announced The PRESIDING OFFICER. The by Regional Vice-President & General Man- clerk will report. wealth’s military installations and by ager Steve Langford. The legislative clerk read as follows: Kentucky servicemembers. During this ‘‘Retirement for a deserving friend should holiday season our prayers are with always be looked upon with happiness,’’ said The Senator from Nevada [Mr. REID] pro- Langford. ‘‘While I regret to see John leave poses an amendment numbered 4831 to them. the airwaves, I respect his decision and wish f amendment No. 4830. him and his family much happiness.’’ The amendment is as follows: TRIBUTE TO JOHN BELSKI ‘‘This is an opportunity for me to explore At the end, add the following: some new possibilities outside of the TV Mr. MCCONNELL. Mr. President, I business,’’ Belski said. ‘‘After all these years ‘‘include any data which might impact wish to recognize Louisville, Ken- local communities’’. at WAVE 3 it’s time for Kevin Harned to tucky’s, longtime meteorologist John take the reins and lead the weather team.’’ Mr. REID. Mr. President, I ask unan- Belski, whom a large swath of Ken- Kevin Harned and John Belski first met imous consent that the mandatory tuckians have relied on for accurate when Kevin was in high school. Harned wrote quorums required under rule XXII be weather forecasts for over 23 years. to Belski asking him to speak to his 4-H Club waived with respect to the cloture mo- After a long and successful career, in Nelson County. That meeting left an in- delible mark on Harned who persistently tions filed. John has retired. This September 8 he The PRESIDING OFFICER. Without pursued his new career goal to become a tele- presented his final weather broadcast. vision meteorologist. ‘‘John has been a great objection, it is so ordered. John began at WAVE–3 TV in Louis- mentor and a great friend,’’ said Harned. f ville in July 1987 and has been wel- ‘‘We’ve covered a lot of severe weather to- comed into Kentuckians’ homes ever gether and hopefully have helped to keep our MORNING BUSINESS since. A typical morning for residents community safe from harm.’’ Mr. REID. Mr. President, I now ask of the greater Louisville area began by John Belski first joined the WAVE 3 unanimous consent that we proceed to weather team in July 1987. Prior to that, he tuning in to John for important details worked at WLKY–TV in Louisville and also a period of morning business, with Sen- about the day’s forecast. at stations in St. Louis and Columbia, Mis- ators permitted to speak for up to 10 Before joining WAVE–3, John worked souri. In addition to his television forecasts minutes each. in Louisville at WLKY-TV and also at John makes multiple daily postings to his I would say, Mr. President, that we stations in St. Louis and Columbia, blog, Twitter and Face book sites. Over the have made contact with the Repub- MO. John’s professionalism has earned years John has been on the air on 18 different licans, and they tonight do not wish to him several awards, including 15 dif- radio stations and currently on 84 WHAS–AM have more debate on the START trea- and WMPI 105.3 FM. His weather book ferent Best of Louisville Magazine hon- ‘‘Backyard Weather Folklore’’ sold thou- ty. So that is why we are moving to ors, the Best of Kentucky award by sands of copies. morning business. People can talk Kentucky Monthly magazine and the ‘‘For the past 23 years John Belski has about whatever they want for the rest LEO Readers’ Choice Award, just to been the calming voice in the storm while of the evening. Tomorrow, I am going name a few. protecting our viewers during severe weath- to move back to executive session to do John was at the center of the harder,’’ said Langford. ‘‘His folksy, friendly the START treaty. I hope we can make hitting winter storm in 1994, when Ken- style of forecasting has made him a favorite in our community.’’ progress on that tomorrow. tucky was blanketed with a record John Belski has received numerous awards The PRESIDING OFFICER. Without snowfall of more than 15 inches. In Au- from community organizations and publica- objection, it is so ordered. gust 2009 he stood watch when a mas- tions including 15 different Best of Louisville f sive rainstorm produced large hail and Magazine honors, the Best of Kentucky by flash flooding that caused major dam- Kentucky Monthly magazine and the LEO’s THANKING OUR SERVICEMEMBERS age to some of Kentucky’s most well Readers’ Choice Award. He has anchored Emmy Award winning coverage of severe Mr. MCCONNELL. Mr. President, known attractions, including Churchill weather and received the Special Service today I rise to recognize the members Downs. And who could forget this time Award from the National Weather Service of America’s Armed Forces who are de- last year, when one of the most severe and the Mark Trail Award for public aware- ployed during this Christmas season. ice storms in Kentucky’s history crip- ness of NOAA weather radios. The sacrifices of our military and those pled the area, leaving 760,000 residents John Belski will present his last weather of their families are always great, but without power and causing 36 deaths broadcast during WAVE 3 News at 6:00 p.m. on September 8, 2010. especially so during wartime and the across the State. Throughout it all, WAVE–TV is owned by Raycom Media, holidays. As most Americans celebrate John’s was a calm and steady voice, Inc., an employee-owned company which is this time of joy and good cheer it is im- providing viewers with critical infor- now one of the nation’s largest broadcasters. portant that we take a moment to mation. Currently the company owns and/or operates honor and remember the brave men Now that he has retired, I hope John 42 television stations in 18 states. Raycom and women in uniform who are defend- will have more time to spend with his Media stations cover more than 10.6 percent ing our well being overseas and to wife Lynn and his two daughters. John of the U.S. television households and employ thank their families as well. is not just known for his abilities as a 3,500 individuals in full- and part-time positions. Through Raycom Sports, the company Kentucky’s military installations meteorologist in Louisville. Whether it owns and operates the Continental Tire Bowl have been in the thick of the fight in be partaking in one of the many coun- in Charlotte and two LPGA golf tour- the war on terror. The 101st Airborne ty fairs or being present at the Ken- naments, as well as produces pre-season NFL Division at Fort Campbell, for exam- tucky Derby, John was always there, football games for non-owned stations.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10388 CONGRESSIONAL RECORD — SENATE December 16, 2010 TRIBUTES TO RETIRING wish BOB, Joyce, and the rest of his BLANCHE LINCOLN SENATORS family the very best as he leaves the Mr. President, I rise today to pay Senate and embarks on this new chap- tribute to the Senior Senator from Ar- EVAN BAYH ter in his life. kansas, BLANCHE LINCOLN, who, like Mr. DODD. Mr. President, I rise Since he was first elected to this me, will be leaving the U.S. Senate in today to pay tribute to a colleague and body in 1992, BOB has served the people the coming weeks. I would like to take friend of mine—Senator EVAN BAYH— of Utah well as their Senator. BOB this moment to thank BLANCHE for her who will be retiring from the U.S. Sen- comes from a long line of individuals service, and wish her, her husband Dr. ate when the 112th Congress convenes dedicated to public service, and it is no Steve Lincoln and her two twin boys in January. I would like to take this surprise that he himself decided to go Bennett and Reece, the very best as moment to thank EVAN for his service, down that path. BOB’s grandfather, they embark on the next chapter in and wish him, his wife Susan, and their Heber J. Grant, was the seventh Presi- their lives. twin boys Beau and Nick, the very best dent of the Church of Jesus Christ of As a seventh generation Arkansan, as they embark on the next chapter in Latter-day Saints in Salt Lake City. BLANCHE has dedicated the better part their lives. And BOB’s father, Wallace F. Bennett, of her adult life to serving the people of EVAN comes from a family tradition represented the state of Utah in this Arkansas. She was elected to the U.S. deeply rooted in public service and very Chamber between 1951 and 1974, House of Representatives in 1992. After committed to improving the lives of serving alongside my father, Tom two terms representing Arkansas’s our fellow citizens. Our fathers, Birch Dodd. first district she retired briefly to give Bayh and Tom Dodd, served together in Throughout the time that I have birth two her twin sons. However, the the U.S. Senate, and instilled in both known and worked with him, I have al- call of public service led her to run for of us the desire to serve as we grew ways found BOB to be receptive to the a vacant seat in the U.S. Senate and in older. ideas of others and careful and delib- 1998, at the age of 38, the people of Ar- EVAN has dedicated the better part of erate in his own evaluation of complex kansas elected her to serve them as his adult life to serving the people of policy questions. their U.S. Senator the youngest woman Indiana. He began his career in public Of course, that is not to say that BOB ever to be elected. service when he was elected Indiana’s BENNETT isn’t also a determined par- As a young woman growing up on her Secretary of State in 1986. He then tisan. Indeed, throughout his three family farm in the small town of Hel- served as Governor of Indiana for two terms here, BOB has been one of the ena, AR, BLANCHE developed a strong terms starting in 1988. As Governor he Senate’s most consistently conserv- appreciation and understanding for focused on fiscal responsibility, lower ative voices. But in spite of that, BOB American farmers and ranchers and the taxes, job creation and lean govern- has frequently reached across the par- important work they do for our coun- ment. In 1998, Hoosiers once again dem- tisan divide to seek out areas of com- try. She carried the lessons she onstrated their faith in EVAN BAYH by mon ground and mutual interest with learned, and the values they instilled electing him to the U.S. Senate. Democrats. in her, with her to Congress. Through- Throughout his career in public serv- That willingness to engage and co- out her career in public service, ice, EVAN has been particularly vocal operate with colleagues has perhaps BLANCHE has been particularly vocal on on issues related to our national secu- been most evident in his work on the issues related to agriculture, hunger, rity, economic competiveness, and job Senate Banking Committee. Through- working families and children. creation. He has demonstrated his will- out our years of service together on In 2009, BLANCHE became the first ingness to work hard, a fact under- that panel, BOB and I have frequently ever woman to chair the Senate Agri- scored by his membership on six Sen- been among the first to reach out culture, Nutrition, and Forestry Com- ate committees—Aging, Armed Serv- across the aisle and search for solu- mittee. She played the key role in ices, Banking, Energy and Natural Re- tions to the challenges facing our Na- brokering the compromise that led to sources, Intelligence, and Small Busi- tion’s financial services sector. And passage of the Food, Conservation, and ness. He has developed a broad range of from our work together during the sav- Energy Act of 2008, otherwise known as subject matter expertise, and has time ings and loan crisis, to passage of legis- the farm bill, which reauthorizes U.S. and again demonstrated his willingness lation that provides a safety net for agriculture policy every 5 years and is to reach across the aisle to get things our economy in the event of a dev- of vital importance to farmers and food done for the people of Indiana. astating terrorist attack, we have producers across the country. This Congress, as chairman of the achieved some important results. Senator LINCOLN and the Agriculture Senate Banking Committee, I had the BOB chaired and I served as vice Committee also played a vital role in chairman of the Y2K Committee, to en- opportunity to work with EVAN on sev- shaping the derivatives provisions in eral vital issues, such as his contribu- sure the integrity of our Nation’s fi- the Dodd-Frank Wall Street reform tions to the Credit Card Account- nancial services sector. More recently, bill. These were difficult, highly com- ability, Responsibility, and Disclosure, in the fall of 2008, when the global fi- plex matters, and Senator LINCOLN CARD, Act and Wall Street reform. nancial system was on the verge of col- worked tirelessly to lead her com- lapse and our country was standing at mittee throughout the process. Her se- When EVAN leaves the Senate in just a few short weeks, I believe he will be the precipice of an economic depres- riousness and hard work were a tre- sion, BOB took a significant political remembered as a public servant who mendous asset to the overall process, risk by supporting the Emergency Eco- was devoted first and foremost to ad- and I commend her and her committee nomic Stabilization Act, which estab- vancing the interests of Hoosiers, and for helping to shape the legislation. lished TARP. I realize that this was an In addition to her work on the Agri- who was willing to work across the incredibly difficult vote for BOB and culture Committee, BLANCHE has been aisle whenever he saw an opportunity every other Member of this Chamber at focused on our country’s children. She to do the right thing for our Nation. the time. formed the Senate Caucus for Missing, Once again, I would like to thank But I am convinced that without Exploited, and Runaway Children and EVAN for his years of service, and wish elected officials who are willing to cast the Senate Hunger Caucus. She re- him well as he leaves the Senate. It has those kinds of tough, yet necessary cently worked to pass the child nutri- been a pleasure working with him over votes, this country would be a very dif- tion bill, which will improve the lives the years, and I firmly believe that this ferent place. of millions of children in our country. body will not be the same without him. So I would like to once again thank After BLANCHE leaves the Senate, I BOB BENNETT BOB for his 18 years of service in this believe she will be remembered as a Mr. President, I rise today to pay body and for his willingness to listen to tireless public servant who was devoted tribute to a friend and longtime col- and work with colleagues with whom first and foremost to advancing the in- league Senator BOB BENNETT who, like he hasn’t always agreed. And I would terests of the people of her beloved me, will be departing from the U.S. like to once again wish BOB and his home State, Arkansas. Senate in just a couple of weeks. I family the very best as he leaves the Once again, I would like to thank would like to take this opportunity to Senate this January. BLANCHE for her years of service, and

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He has a long track record of serv- KIT BOND In 1991, his support was vital to gaining ice, beginning with his 1986 election to Mr. President, I would like to take a enactment of a piece of legislation of the position of State Secretary of Agri- few minutes today to pay tribute to a which I am most proud—the Family culture. At the time of his election, he longtime colleague, the senior Senator and Medical Leave Act. To date, this was only 30 years old, the youngest from Missouri, who like me will be bill has been used more than 100 mil- person ever to hold the position. leaving this body in a few short weeks. lion times to ensure that workers can After serving as Agriculture Sec- It has been an honor to serve with him, care for ailing loved ones, or care for a retary, SAM was elected to the House of and I wish him, his wife Linda, and his new child, without the fear of losing Representatives as part of the famous son Samuel—who is bravely serving his their job. This seems like common Republican class of 1994. He quickly as- Nation as a 1st lieutenant in the U.S. sense now, but it took 7 years, and 2 cended to the Senate in 1996 with the Marine Corps and the rest of his family Presidential vetoes to finally see this departure of a Senate and Kansas leg- the best of luck in the future. important law enacted. end, then-Majority Leader Bob Dole. That wouldn’t have happened with- Senator BOND, or ‘‘KIT’’ as many of SAM had some big shoes to fill, and he out the involvement of KIT BOND. us know him, knew at an early age has done so admirably. He was also one of the key supporters that his calling was public service. Senator BROWNBACK will be remem- of the successful effort in 2009 to ensure After earning his law degree and prac- bered for many things, his conserv- that airline workers have full access to atism and his passion to name a few, ticing for a few years here in Wash- their Family and Medical Leave Act ington, DC, he returned to Missouri to but perhaps the most important is his benefits. dedication to his faith. His religious run for the U.S. House of Representa- Senator BOND and I have also tives in 1968. While he was unsuccessful values provided an anchor for every- partnered over the years to improve thing he did, and led to his pursuit of in that first run, at the young age of 29 maternal and child health and end pre- issues that provided assistance for he caught the eye of the then-Missouri ventable birth defects. I was proud to those in need. Attorney General John Danforth, who be a cosponsor of the Birth Defects Senator BROWNBACK’s commitment hired him as an assistant attorney gen- Prevention Act of 1998, which he au- to ending the genocide in Darfur is an eral. thored. I was also honored to partner example of one of those issues. Trag- After heading the Attorney General’s with him and others again in 2003, ically, more than 200,000 people have Office of Consumer Protection, KIT was when we were successful in passing the died in Darfur and more than 2.5 mil- elected in his own right to serve as Birth Defects and Developmental Dis- lion have been displaced as a result of Missouri’s State Auditor, and later abilities Prevention Act. These meas- the unrest in Sudan. Senator went on to two terms as Governor of ures helped to establish, and then ex- BROWNBACK’s expertise and dedication Missouri. He still holds the distinction pand, the role of the Centers for Dis- to this critically important issue has of having been the youngest Governor ease Control in researching and devel- made a real impact on the fight to end elected in his State’s history at the age oping solutions to the problems posed this horrific crisis. With his retire- of 33. by birth defects and developmental dis- ment, the Senate will lose one of its KIT was elected to the U.S. Senate in abilities. great human rights champions. 1986. During his time in this body, he He was also a key Republican spon- Senator BROWNBACK and I may not has established himself as a strong ad- sor, along with Senator HATCH of Utah, have always seen eye-to-eye, but no vocate for the people and interests of of the Newborn Screening Saves Lives one ever questioned his commitment to the State of Missouri. He has also es- Act, which I authored in the 110th Con- principle, or his commitment to the tablished himself as a national leader gress. This legislation is the next step people of Kansas. on issues that are important not only in our work together, and seeks to edu- I wish him, his wife Mary, and their to his State but to our Nation as a cate every parent, and provide access five children all the best. While the whole. for every newborn, to a battery of life- Senate will miss him, I wish him luck For years, as a member and later saving prenatal tests. This landmark as he embarks on his next journey as chairman of the Small Business and legislation helps build on the successes the Governor of Kansas. Entrepreneurship Committee, he has which we have had on this issue in the JAMES BUNNING served as a leading voice for small past, and I was pleased that Senator Mr. President, I rise today to say a businesses. BOND was a supporter yet again, as he few words of farewell to my colleague As the vice chairman of the Senate has been throughout his career in the from Kentucky, Senator JIM BUNNING. Select Committee on Intelligence, Sen- Senate. We will both be retiring from this ator BOND has worked continuously to While we did not always see eye-to- Chamber when this Congress concludes, ensure our Nation’s intelligence com- eye on every issue, Senator BOND was and I wish him and his wife Mary Cath- munity has the tools and resources always someone with whom those pol- erine, their sons and daughters and the necessary to keep us safe. Throughout icy disagreements were never personal. rest of their family the very best in the his career in the Senate, he has also He has been an honorable legislator, future. been a knowledgeable, leading voice on and a valued colleague during our time As we all know, prior to becoming a matters of importance to veterans, and serving in the Senate together. politician JIM BUNNING was a world- has time and again proven his unwav- Once again, I would like to wish Sen- class baseball pitcher. He had a distin- ering support for our men and women ator BOND, his wife Linda, his son Sam- guished career primarily with the De- in uniform. uel and his family, and all their ex- troit Tigers and Philadelphia Phillies, As a member of the Appropriations tended family the very best in all their during which he became the second Committee, and chairman and ranking future endeavors. pitcher in Major League history to member of the Transportation and SAM BROWNBACK record 1,000 strikeouts and 100 wins in Housing Subcommittee, he has played I woul’d like to say a few words in both the American and National a significant role in advocating for im- honor of Senator SAM BROWNBACK, my Leagues. He was inducted into the provements to our nation’s roads and colleague from Kansas for these past 14 Baseball Hall of Fame in 1996. other vital infrastructure. years. Like me, he will be ending his Of course, after such a distinguished These are just some of the areas service in the U.S. Senate at the con- career he could have simply hung up which Senator BOND will no doubt be clusion of this Congress. I would like to his cleats, moved back to his home remembered. But I would like to take a congratulate him on his election as state of Kentucky, and enjoyed a quiet moment to speak to an issue which he Governor of the State of Kansas, and I retirement with his family. and I have worked together for many wish him and his family the very best Instead, he decided to take the work years, for which he may not receive the in his new endeavor. ethic and competitive spirit that drove

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After serving in Over the course of his three terms in loved home State, North Dakota. the State Senate as Republican leader, the U.S. Senate, RUSS has perhaps be- Once again, I would like to thank he ran to represent Kentucky’s 4th come most closely identified in the BYRON for his many years of service, Congressional District in 1986. He also minds of many Americans with his and wish him well as he leaves the Sen- won that election, and served for 12 work on campaign finance reform with ate. It has truly been a pleasure work- years in the U.S. House of Representa- Senator MCCAIN. In 2002, when the ing with him over the years, and I tives. McCain-Feingold campaign finance re- firmly believe that this body will not In 1998, JIM ran to replace Senator form bill was being considered, RUSS be the same without him. Wendell Ford, who was retiring. He took a very courageous position in JUDD GREGG kept his winning streak alive, not only pushing legislation that, at the time, Mr. President, I rise today to bid winning that initial Senate contest, was relatively unpopular with some of farewell to my colleague, a fellow New but also reelection in 2004. When he re- our colleagues on both sides of the Englander and Banking Committee tires this year, JIM BUNNING will have aisle. I was proud to join those efforts member, the senior Senator from New amassed an impressive winning streak as the floor manager of McCain-Fein- Hampshire, JUDD GREGG. in politics, just as he did in baseball. gold, and would like to express my It has been an honor and a pleasure As you know, life in the U.S. Senate gratitude to RUSS for his strong and serving with him in this body for the is about working out disagreements consistent leadership on that issue. past 18 years. As we both prepare to through deliberation and debate. This I have long appreciated RUSS’s leave the Senate this year, I would like process of lawmaking has served to en- strong, principled stands on those to take this opportunity to wish him sure that the voices of a broad range of issues, and have welcomed the oppor- and his family the very best in the fu- Americans are heard as we work to tunity to work with him over the ture. craft the laws and policies we must ul- years. I know that RUSS’s commitment Throughout his tenure in the Senate, timately all abide by. to justice, fairness, and the rule of law Senator GREGG has been an ardent ad- As a Senator, JIM BUNNING has al- will be missed come January, and I vocate for his home State of New ways stood up for his beliefs, and would once again like to wish him the Hampshire, and a knowledgeable legis- fought for what he thought was right. best as he leaves this institution. lator. Time and again, during floor de- As a member of the Senate Banking, BYRON DORGAN bate and committee proceedings, he Budget, Energy, and Finance Commit- Mr. President, I rise today to pay has demonstrated his sharp intellect tees, Senator BUNNING has been a tribute to a longtime colleague and and deep knowledge of a broad range of staunchly conservative voice on eco- friend of mine Senator BYRON DORGAN issues—particularly on economic and nomic policy. who will be retiring from the U.S. Sen- budget policy. While he and I seldom have seen eye ate when the 112th Congress convenes He is a deeply committed public serv- to eye on these matters, his deep con- in January. I would like to take this ant, who has been elected by the people victions have given voice to the con- moment to thank BYRON for his serv- of New Hampshire to serve them for 9 cerns of citizens who share his point of ice, and wish him, his wife, Kim, and years in the House of Representatives, view, and thereby have helped to shape the rest of his wonderful family the for 4 years as Governor, and as their and enrich our debates on the impor- very best as they embark on this new U.S. Senator for the last 18 years. In tant questions we have faced over the chapter in their lives. fact, they returned him to the Senate years. BYRON has dedicated the better part in 2004 with the highest number of I wish him further success in what- of his adult life to serving the people of votes in New Hampshire history. It is ever endeavors he pursues, as well as his State. When he was just 26 years clear that his constituents have a great many happy, healthy years to come old, BYRON became the youngest con- deal of faith in this man, and during with his family. stitutional officer in North Dakota his- his time in Congress, he has rep- RUSS FEINGOLD tory when he was appointed to serve as resented them and their values ex- Mr. President, I rise today to pay the State’s Tax Commissioner. In 1980, tremely well. tribute to a longtime colleague and BYRON once again demonstrated his As one would expect from a man of friend of mine, Senator RUSS FEINGOLD, commitment to public service when he New Hampshire, Senator GREGG has al- who will be leaving the Senate this was elected to the State’s lone House ways demonstrated his independence, January after 18 years of service. I seat. Twelve years later, after six commitment to hard work, and self- would like to take this opportunity to terms in the House, the people of North sufficiency. Yet he has also been some- wish RUSS and his family the very best Dakota once again returned BYRON to one that has sought compromise and as they embark on this new chapter in Washington, this time as their U.S. has been ready to collaborate with their lives. Senator. those willing to tackle the difficult Born and raised in the city of Janes- Throughout his career in public serv- problems facing our Nation. ville, WI, RUSS has dedicated the better ice, BYRON has been particularly vocal In 2001, he was one of the lead Repub- part of his career to serving the people on issues related to U.S. agricultural licans working on the No Child Left of his home State. Prior to his first policy. As a young man growing up in Behind law to improve education election to the U.S. Senate in 1992, the small town of Regent, ND, BYRON across the Nation for generations of RUSS served as a Wisconsin State sen- developed a strong appreciation for Americans. In 2003, he and I worked to- ator for nearly a decade. Throughout American farmers and ranchers and the gether with Senator Ted Kennedy, Sen- his career in public service, RUSS has important work they do to keep our ator LAMAR ALEXANDER, and Senator proven to be a passionate and articu- country fed. Indeed, BYRON’s own fam- SUSAN COLLINS to craft the Keeping late advocate for the people of Wis- ily worked in the farm equipment busi- Children and Families Safe Act, which consin and their needs. ness and raised cattle and horses. As a updated our nation’s laws to meet the Since he first entered the Senate, result, he has been a consistent advo- serious problem of child abuse. Russ has perhaps become best-known cate for greater economic security and Of course, improving education and as one of this body’s most stalwart pro- opportunity in rural America. ending child abuse are issues on which gressives. Indeed, on any number of Since 2005, BYRON has also served as both liberals and conservatives broadly issues, from campaign finance reform, chairman of the Senate Democratic agree, so bipartisanship and collabora- to the Iraq war, to our work together Policy Committee, where he has played tion on these matters is easy. during Senate consideration of legisla- an important role in helping to craft Of course, in the fall of 2008, our Na- tion reauthorizing the Foreign Intel- the Senate Democratic policy agenda tion was faced with a nearly unprece- ligence Surveillance Act, RUSS has over the last several years. But after dented economic collapse—and the

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10391 views of liberals and conservatives on from Florida, GEORGE LEMIEUX, who seem strange. Back then, it was com- how to respond could charitably be de- will be leaving the U.S. Senate before monplace and I know that ARLEN and I scribed as divergent, at best. the 112th Congress convenes. I would both hope that newly elected Members It was at that moment, when our Na- like to take this moment to thank of this body will revive this tradition tion faced a calamity of historical pro- GEORGE for his service, and wish him, in the coming years. portions, that Senator GREGG grit his his wife Meike, and their four children Early in our Senate careers, ARLEN teeth and set to work, negotiating with the very best as they embark on the and I started the Senate Children’s me, Treasury Secretary Geithner, Fed- next chapter of their lives. Caucus. We believed that as the largest eral Reserve Chairman Bernanke, and GEORGE is a native Floridian who has nonvoting constituency in the country, others, to fashion a legislative response served as deputy attorney general, and children had the greatest need for to the crisis. later as Governor Charlie Crist’s chief champions to advocate on their behalf. Despite the heavy criticism that of staff. The Children’s Caucus has provided came with being a party to those dis- When Senator Mel Martinez retired strong leadership on early childhood cussions, he remained a key nego- in 2009, GEORGE was appointed to fulfill education, funding for childcare pro- tiator, and in the end, the House and the remainder of the term. Since then grams, and making passage of the Senate approved the Emergency Eco- he has worked to help the people of Family Medical Leave Act reality. I nomic Stabilization Act. Today, our Florida through his work as a member want to thank Senator SPECTER for economy, though far from recovered, is of the Senate Armed Services Com- being one of my partners on these criti- far better off than it would have been mittee, the Commerce Committee, and cally important issues for almost 30 without this bill and many of the insti- the Special Committee on Aging. years. tutions which received assistance have Though he has only been in the Sen- Senator SPECTER’s accomplishments carry beyond his defense of children. repaid the Treasury with interest. ate for a short time, Senator LEMIEUX Let me be clear that was a bill that has been an engaged and hard-working Over the course of his career, he has served as the chairman of three impor- none of us ever, in our wildest dreams Member of this body. He has emerged tant and influential Senate commit- thought we would have to write, or as a strong advocate for solving our tees: the Select Committee on Intel- vote to pass. However distasteful, it long-term Federal debt concerns, and a ligence, the Committee on Veterans’ would have been wrong to allow our fi- devoted advocate for the people and Affairs and the Committee on the Judi- nancial system to go into full cardiac businesses of his home State of Flor- ciary. In each of these capacities he arrest, with little chance of survival. ida. has worked to ensure that America’s The politically expedient route to While we did not share the same legal system is true to our best tradi- take would have been to walk away, views on a number of issues, Senator vote against the bill, and join the pun- tions and ideals, while ensuring that LEMIEUX proved that he was a man of we have the tools to prevent terrorism dits, commentators, and bloggers deep conviction who was not afraid to and protect our citizens. He has also who’ve said ‘‘It never should have stand up for what he believed. He spoke used his role on the Senate Appropria- passed, and we would have been fine often on the floor to advocate for his tions Subcommittee on Labor, Health without it anyway.’’ positions. However, he showed that he But that wouldn’t be leadership. and Human Services, and Education to was a serious legislator, and leader, on That wouldn’t be statesmanship. And increase research funding for the Na- issues of vital importance to our Na- that isn’t the type of legislator that tional Institutes of Health. His work tion. JUDD GREGG is. here in the United States Senate has For example, he was the lone Repub- I would also like to thank Senator improved the lives of countless Penn- lican to cast a vote in favor of the GREGG for his work as a member of the sylvanians and countless Americans. Small Business Jobs Act. This legisla- Banking Committee. He joined the Of all of Senator SPECTER’s achieve- committee late in his tenure, but his tion was designed to expand access to ments, I have yet to mention the most deep knowledge of the economy and ex- credit, and provide tax incentives, for impressive: Since 2005, he has contin- pertise in financial matters was great- small businesses. GEORGE recognized ued to serve while fighting Hodgkin’s ly appreciated. He played an important that these were two things that Flor- lymphoma. Twice since being diag- role in helping to craft what became ida’s businesses desperately needed— nosed, ARLEN has undergone chemo- the Dodd-Frank Wall Street Reform much more than partisan gridlock. therapy for the disease. Yet he contin- and Consumer Protection Act. After GEORGE leaves the Senate in ued serving the people of Pennsylvania. Though he was a staunch opponent of just a few short weeks, I believe he will I have worked with Senator SPECTER some of the bill’s provisions, he didn’t be remembered as a public servant who both as a Democrat and a Republican, see that opposition as an impediment was devoted first and foremost to ad- and I can tell you this his commitment to continuing to offer ideas and vancing the interests of the people of to bipartisanship and independence thoughtful debate in order to shape the his home State, Florida. should be a model for all current and legislation into what he thought was a Once again, I would like to thank future Members of the U.S. Senate. better product. GEORGE for his service, and wish him I would like to thank ARLEN for his Yet, as fierce a partisan as Senator well as he leaves the Senate. It has many years of service, and wish him GREGG is, he is also a consummate leg- been a pleasure working with him. and his wife Joan well as he leaves the islator. He knows that the people of ARLEN SPECTER Senate. It has truly been a pleasure New Hampshire sent him here to work Mr. President, I rise today to honor working with him over the years. I hard, and work with the other mem- my friend and longtime colleague, Sen- know the State of Pennsylvania will bers of this body. He has shown that at ator ARLEN SPECTER, the longest serv- miss their senior Senator and I firmly the end of the day, even if you work ing U.S. Senator in Pennsylvania his- believe that this body will not be the hard on something, you may not be tory. same without him. able to support it—but you will know As many of you know, ARLEN and I GEORGE VOINOVICH that you have done your best to advo- were freshmen Senators together 30 I rise today to honor Senator GEORGE cate for your positions and shape the years ago. I was the only Democrat VOINOVICH, my colleague from Ohio debate. newly elected to the Senate in 1980. who has served with me in this body The Senate will miss his knowledge Senator SPECTER was one of 12 new Re- for 12 years. Senator VOINOVICH has had and work ethic, and I hope that newly publicans elected that year, in the so- a distinguished career in Ohio politics, elected members—of both parties—will called ‘‘Reagan Landslide,’’ that gave spanning every level of government. follow his example. his party the Senate for the first time His work as a public servant began I wish him, his wife Kathleen, his in 28 years. when he was a bright young assistant children and granddaughter the very I bring this up because, even though attorney general, and has taken him best. I was a new Senator in the minority, through the Ohio House of Representa- GEORGE LEMIEUX we quickly began working on a bipar- tives, the mayor’s office in Cleveland, Mr. President, I rise today to pay tisan basis. For those listening today, the Ohio Governor’s Mansion and the tribute to my colleague, the Senator the idea of a bipartisan Senate may U.S. Senate.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10392 CONGRESSIONAL RECORD — SENATE December 16, 2010 Not only will Senator VOINOVICH be meetings. His participation played an RUSS FEINGOLD remembered for the more than four important part in the committee’s I want to thank Senator RUSS FEIN- decades of service to his fellow Ohioans ability to conduct oversight and, ulti- GOLD for his 18 years of service in the but also for his bipartisanship. He was mately, to improve benefits and care U.S. Senate and his time in public serv- never afraid to put his beliefs ahead of for our Nation’s veterans. Senator ice before that. Senator FEINGOLD has party, opposing President Bush’s $750 Burris’s work on the committee was a worked with me as an outspoken advo- million tax cut proposal in 2003 for ex- great service to the men and women of cate for so many of the issues that I ample. Illinois who wore the Nation’s uni- hold dear, such as protecting Ameri- I was especially proud to work with forms, as well as to servicemembers, cans’ personal privacy and good gov- Senator VOINOVICH on legislation to veterans, and their families nation- ernment. help ensure the United States’ contin- wide. In the wake of the terrorist attacks ued dominance in the world aero- CARTE GOODWIN of September 11, 2001, there was a rush nautics industry. Our bill, the Aero- Senator Carte Goodwin handled a of strong executive branch moves for nautics Competitiveness Act of 2007, in- tough assignment and filled in like an authority. Senator FEINGOLD repeat- creased research funding, technology experienced professional. He is a gen- edly joined me and other Members in transfer, and workforce development, tleman who knows about and cares for ensuring civil liberties and privacy all of which are vital to maintaining West Virginia deeply, so much so that protections of all Americans were ob- the United States’ competitive edge. I he moved to Washington to serve and served. He was a leader in protecting liberties during debate over reforming was also proud to have served on the advocate for his State in an emergency the Foreign Intelligence Surveillance Foreign Relations committee with him situation. Senator Goodwin was friend- Act. When the Department of Home- for 5 years, working to strengthen the ly and cordial and made himself as land Security was established, we North Atlantic Treaty Organization, helpful as possible during his short ten- worked to ensure that it had a strong ure. NATO. official dedicated to protecting pri- Senator VOINOVICH was known as the BLANCHE LINCOLN vacy. In 2007 I authored the POWER resident Senate ‘‘debt hawk’’ and has My good friend Senator BLANCHE LIN- Act, which provided the Homeland Se- long stood for fiscal responsibility at COLN was a passionate advocate for Ar- curity Chief Privacy Officer with addi- the local, State and Federal levels. kansas throughout her Senate service. tional powers, and Senator FEINGOLD It has been a pleasure to serve with She is recognized as a fighter who was a strong supporter, cosponsoring Senator VOINOVICH. As we depart the speaks her mind. She cares deeply that bill which then became law in Senate, I know this body will miss the about American families. She worked 2008. presence of one of its more esteemed hard on her committee assignments. I must also mention how proud I was members and the people of Ohio will She has been a champion for farmers, to support Senator FEINGOLD on per- miss one of their most dedicated serv- veterans, seniors, and Americans of all haps his most lasting accomplish- ants. I wish him and his wife Janet stripes. She can be proud of her service. ment—campaign finance reform. The many more years of happiness. I thank her for her contributions to election process can be opaque, and it Mr. AKAKA. Mr. President, I rise this institution and her friendship. is full of more money than ever. How- today to bid farewell to a number of EVAN BAYH ever, in the last decade, many of the our friends and colleagues who are end- Senator EVAN BAYH served with me new campaign finance rules cham- ing their service in the Senate. Their on the Committees on Armed Services pioned by Senator FEINGOLD have contributions are too numerous to and Banking, Housing, and Urban Af- curbed many abuses which used to be mention, therefore I would like to take fairs. He showed his commitment to common. While much work is left to be just a few minutes to highlight some of our national security when he took done in this area, especially with the the memories of the Senators I came to over the Armed Services Readiness recent Citizens United ruling, this know personally. Subcommittee at the beginning of this country and voters owe a tremendous Some of the departing Senators I Congress. He was a strong moderate thank-you to Senator FEINGOLD. have served with for decades. Others voice for the people of Indiana. BYRON DORGAN were here for only part of a term. All of ARLEN SPECTER It has been a pleasure to serve with them worked hard for their constitu- I served with Senator ARLEN SPECTER Senator BYRON DORGAN of North Da- ents and our country. for many years on the Veterans’ Af- kota, and I will miss him greatly. I TED KAUFMAN fairs Committee. He twice served as have had the honor to work alongside Senator Ted Kaufman served for the the committee’s chairman, and, in re- Senator DORGAN on two committees of past 2 years on my Senate Sub- cent years as I chaired the committee, great importance to both of our States, committee on Oversight of Government he remained a strong and vital force the Committee on Indian Affairs and Management, the Federal Workforce, working on behalf of our Nation’s vet- the Committee on Energy and Natural and the District of Columbia. erans, on both sides of the dais. He has Resources. Throughout Senator Kaufman’s time been an institution in the Senate for Senator DORGAN and I served on the with the subcommittee, he made a re- many years, and it has been a genuine Senate Committee on Indian Affairs markable effort to honor the critical pleasure working with him. I appre- together beginning in the 104th Con- work of Federal employees. His regular ciate and applaud his long, dedicated gress. During his tenure as chairman statements on the Senate floor high- service to those who have worn our Na- during the last 4 years, I saw firsthand lighting their work were an inspiration tion’s uniforms. the leadership skills and compassion he and I know were greatly appreciated by SAM BROWNBACK possesses. Chairman DORGAN has shown the dedicated Federal employees in I will miss my good friend Senator his dedication to all of our Nation’s in- Delaware and across this great Nation. SAM BROWNBACK. Despite sitting across digenous people: American Indians, I also appreciated Senator Kaufman’s the aisle from me, he was always ap- Alaska Natives, and Native Hawaiians. strong leadership on addressing long- proachable and friendly. I know him to Thank you Senator DORGAN for your standing shortcomings in Presidential be committed to helping people in Kan- efforts to improve the quality of life transition planning, culminating in the sas and across the country. He felt so for America’s native people. enactment of the Pre-Election Presi- strongly about ending homelessness I am grateful that Chairman DORGAN dential Transition Act this year. that I remember him spending the has been a strong ally to Hawaii’s in- ROLAND BURRIS night on the street with a group of digenous people, the Native Hawaiian Senator Roland Burris served on the homeless people to experience first people. He has stood with Senator Dan- Senate Committee on Veterans’ Af- hand the obstacles they face. That is iel Inouye and me as we have worked fairs, which I have the honor of dedication. He cares about people. Sen- to have the United States fulfill its ob- chairing. Throughout his months with ator BROWNBACK should feel proud ligations to all of its Native people, in- the Committee, he made time in his about all that he has accomplished to cluding Native Hawaiians. Mahalo, busy schedule to attend and participate make life better for people in our coun- Chairman DORGAN, for your aloha to in numerous committee hearings and try. the people of Hawaii.

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During our vital to the protection of Hawaii’s sys- with a unique perspective on the Fed- combined service on the Committee on tem of employer-provided health insur- eral Government’s management and Energy and Natural Resources, I re- ance and ensuring that health care pro- workforce challenges, and I believe his peatedly saw Senator DORGAN’s passion viders in Hawaii are more capable of vast experience made our sub- for the people of North Dakota as he meeting the uncompensated costs of committee more effective. On a light worked to make his State a pioneer in providing care for the poor and unin- note, I know that one of Senator renewable energy efforts. For those of sured. VOINOVICH’s proudest moments as Gov- us who serve in the Senate, we work I am proud to have served alongside ernor was watching his beloved Cleve- tirelessly to advance the needs of not Chairman DODD on the Senate Com- land baseball team reach the World Se- only our home States, but the whole mittee on Banking, Housing, and ries for the first time in over 40 years. Nation. Senator DORGAN has proven Urban Affairs, where he has been a I am sure that Senator VOINOVICH will himself both a great North Dakotan tireless leader and an outstanding con- enjoy having more time to spend in his and a great American. sumer advocate. The Dodd-Frank Wall hometown of Cleveland during his re- The Senate will be a much different Street Reform and Consumer Protec- tirement. place without his leadership, and I tion Act rightfully bears his name be- Senator VOINOVICH can take his know that I am joined by many of my cause no one has done more to educate, grandchildren to see parks, buildings, colleagues in wishing him many suc- protect, and empower consumers and and other improvements he helped cesses in the future. Many of my con- investors. Through his support, the act bring about in Ohio during his time as stituents in Hawaii will miss his lead- makes significant investments in fi- mayor and Governor, but there are few ership just as his own constituents in nancial literacy and education, and it similar opportunities in Federal Gov- North Dakota will. provides meaningful disclosures and ernment oversight and management. Mahalo for your friendship and for protections that will allow consumers The tough management issues we have your service to our Nation. On behalf to make better financial decisions. tackled seldom make front-page news. of Millie and our family, I send our Americans are now better protected But that is what makes Senator aloha to you and Kim and your family. against abusive, predatory, and VOINOVICH remarkable he chose to We wish you the best as you begin a anticonsumer business practices than focus on the details of the govern- new chapter in your lives. they were because of Senator DODD’s ment’s toughest management chal- CHRIS DODD unmatched contributions. Senator lenges rather than more glamorous I am proud to express my great ap- DODD is a great champion of con- issues. preciation and gratitude for Senator sumers, investors, and financial lit- Like me, Senator VOINOVICH has al- CHRIS DODD’s service to our country. eracy, and I am honored and humbled ways recognized that the Federal Gov- He brought extraordinary leadership to to have had the opportunity to work ernment’s most valuable resource is its the Senate that enabled us to make together with him on the Banking workforce of dedicated men and meaningful improvements to the edu- Committee. women. I often refer to him as the ‘‘fa- cation and economic security of Ameri- Since I joined the Senate 20 years ther of human capital.’’ We have cans. ago, Senator DODD has been a great worked closely together on a large I traveled with Senator DODD to colleague and ally. More importantly, number of workforce initiatives, with South America early in my tenure here he is kind, generous, trustworthy, and the common goal of making the Fed- in the Senate. Although I enjoy trav- a loving family man, and I am proud to eral Government the employer of eling, each time I go abroad I worry call him my brother and my friend. Al- choice in this country. I am especially about my ability to communicate with though I am saddened to bid him fare- proud of our work to reform the broken my foreign hosts. But, on that trip, the well today, I wish Senator DODD well in Federal hiring process. I will keep language barrier was not an issue be- all of his future endeavors. fighting in Congress for our bill—the cause, as I quickly found out, Senator Before I close, I would also like to Federal Hiring Process Improvement DODD is fluent in Spanish. thank and applaud Senator DODD’s Act, S. 736. In the meantime, I am Senator DODD recognizes the impor- family Jackie, Grace, and Christina. pleased that our joint oversight on this tance of language skills and cultural They have been a source of strength, issue has spurred considerable progress knowledge, not only to survive in the happiness, and calm for their husband in the executive branch. world but to prosper in it. I have truly and father. Senator VOINOVICH and I also worked appreciated his great respect for other Mahalo nui loa, CHRIS, for your serv- together on an amendment to last cultures and passion for learning. Sen- ice and friendship. Millie and I send our year’s National Defense Authorization ator DODD has lent tremendous support warmest aloha to you and your family, Act, which included my Non-Foreign to my national foreign language co- and we wish you well as you begin this Area Retirement Equity Assurance ordination bill, which aims to equip new chapter of your lives together. Act, along with several other Federal Americans with foreign language skills GEORGE VOINOVICH workforce provisions. I cannot over- and knowledge of other cultures. It is Finally, I would like to pay tribute state how much Senator VOINOVICH’s just one example of Senator DODD’s to my dear friend and brother, Senator support for providing retirement eq- outstanding work to provide our chil- GEORGE VOINOVICH, as he prepares to uity has meant to the thousands of dren with the knowledge and skills retire from public life after more than Federal employees in my home State they need to achieve prosperity and 40 years of dedicated public service. of Hawaii. economic security. Senator VOINOVICH’s retirement is a Senator VOINOVICH simply has too I would also like to thank Senator sad occasion for me, and it is difficult many Federal workforce accomplish- DODD for his leadership in the 111th to put into words what Senator ments to discuss all of them today. Congress. We are making historic and VOINOVICH’s friendship has meant to me However, I would like to point out that substantial improvements to the over the years. Senator VOINOVICH and he authored the Federal Workforce health care delivery system and the I have worked so well together on the Flexibility Act to modernize Federal regulation of our financial system, and Senate Subcommittee on Oversight of human capital planning, pay, and bene- neither would have been possible with- Government Management, the Federal fits; the Federal Employee Student out Senator DODD’s guidance, persist- Workforce, and the District of Colum- Loan Assistance Act; the Senior Execu- ence, good judgment, and support. bia for many years, where we have both tive Service Performance Improvement Senator DODD has been selfless and had the honor of serving as chairman. Act; and many other important bills generous in his efforts to increase ac- It has truly been a pleasure to serve that have improved the government’s cess to health care services everywhere with him as we have addressed so many ability to provide services. in our country, including Hawaii. I am difficult government management In addition to his focus on important grateful that Senator DODD has always issues. workforce issues, Senator VOINOVICH

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Over the years we Senator LINCOLN and I were able to clearance backlog, dramatically reduc- have served there as colleagues, we collaborate on many issues during her ing processing times, and improving in- have worked productively on a wide time in the Senate because we served vestigation quality. These improve- range of legislative proposals that in- together on two committees—Agri- ments enhance our national security cluded the taxation of life insurance culture and Finance. On the Agri- and help the Federal Government hire companies, shortening the depreciation culture Committee, she was a fierce ad- the right people for the right jobs. period for farm equipment, and capital vocate for her State’s agriculture in- I am also proud of our work together gains treatment for songwriters, just terests, particularly rice and cotton in establishing Chief Management Offi- to name a few. He was always willing producers. Since farm bills tend to be cers at the Department of Defense and to reach across the aisle to help more regional than party driven, she the Department of Homeland Security. achieve a common objective a long- always represented her producers with It is vital that we maintain strong standing Finance Committee tradition. vigor. She was a key player in the 2002 focus on management at these critical Senator BUNNING will now enter a and 2008 farm bills, both of which have departments. I could easily point to so new phase in his life, and I am certain been widely popular throughout the many other things that Senator he will now have the luxury of spend- countryside in the North and the VOINOVICH has accomplished during his ing time with his wonderful family. JIM South. Senate service. has the good fortune of being married She also looked out for those who are I want to express my deep apprecia- to his childhood sweetheart, Mary. less fortunate, making hunger in our tion to Senator VOINOVICH for his They met in grade school, and I am im- country a signature issue of hers. This friendship and partnership over the pressed that JIM knew at such a young year she pushed through the Senate a years. He has been a model public serv- age that he found a truly special per- landmark bill to improve school lunch ant, and our country is a better and son. I find Mary to be an absolutely programs. The child nutrition reau- safer place because of his work. I wish lovely woman and admire their lasting thorization bill she authored contains Senator VOINOVICH, his lovely wife love for each other. Mary is the mother almost 10 times more new funding than Janet, and his entire family joy and of their nine children, and JIM and the 2004 child nutrition reauthoriza- happiness during his richly deserved re- Mary now share 40 grandchildren. I tion. It includes $3.2B for the first tirement. wish JIM, Mary, and their entire family school lunch program base-level reim- In closing, the end of this Congress is many years of health and happiness. bursement increase since 1973. I hope bittersweet, with so many talented and BLANCHE LINCOLN the House will follow the Senate’s lead dedicated public servants leaving this Mr. President, I come to the floor and pass this important bill yet this institution. All of them made a lasting today to recognize one of our departing year. impact on the Senate and on our coun- colleagues, the senior Senator from Ar- She also served as the chair of Rural try. Mahalo nui loa, thank you, for all kansas, Mrs. BLANCHE LAMBERT LIN- Outreach for the Senate Democratic your work. COLN. Caucus. It was in this role that we col- JIM BUNNING A 7th generation Arkansan and a na- laborated to introduce the Rural Revi- Mr. CONRAD. Mr. President, I rise tive of Helena, AR, Senator LINCOLN talization Act, a bill to boost the econ- today to pay tribute to my colleague, grew up on a cotton and rice farm. She omy in rural America in the wake of Senator JIM BUNNING. After 12 years in spoke often of her experiences on the the recent recession. This bill made the U.S. Senate, Senator BUNNING is re- farm, and fondly recalled how she was significant investments in rural devel- tiring from this chamber at the end of a farmer’s daughter. It was her experi- opment priorities, including infrastruc- this session. ence helping her father work the land ture projects, energy programs, hous- JIM has led a remarkable life. As a that taught her the same core values ing assistance and rural health care. baseball fan, I am especially envious of she brought to the Senate—honesty, his first career as a Major League fairness, hard work, and common Senator LINCOLN also has been a pitcher. He was a classic, hard-nosed sense. champion for rural health care issues competitor, which foreshadowed his Senator LINCOLN is the kind of col- as a valued member of the Senate style as a public servant later in life. league you want to have in the Senate. Rural Health Caucus. During her time My favorite story about Senator She is pragmatic. She is rational. And in the Senate, she successfully fought BUNNING’s baseball career is that he she is reasonable. If you ever had an to protect small businesses, health care was the only pitcher to strike out Ted issue with her you needed to resolve, providers, and, most importantly, sen- Williams three times in a single game. you could count on her to be someone iors in rural communities. Because of He is also one of only seven pitchers to you could work with. In fact, she is Senator LINCOLN’s dedication, critical throw a perfect game and a no-hitter. well known as someone who tried to improvements to the Medicare Pro- Senator BUNNING retired from the sport bridge the partisan divide. She even co- gram were enacted into law. In par- in 1971 with 2,855 career strikeouts, founded and cochaired an organization ticular, senior women now have im- which, at the time, was the second dedicated to working across the aisle proved access to bone density tests, highest total of all-time. He was right- to bridge differences and create prac- osteoporosis screenings, and other pre- fully inducted into the Hall of Fame in tical solutions. ventive services. 1996. Senator LINCOLN first came to Con- Senator LINCOLN also authored the Following his outstanding baseball gress in 1992 as a Representative for Elder Justice Act, legislation enacted career, JIM went into politics. And, Arkansas’s First Congressional Dis- into law this year which authorizes once again, he was a winner. He has trict, serving two terms. Following the new efforts to prevent, detect, treat, held office at the local, State, and Fed- birth of her twin boys, Reece and Ben- and prosecute elder abuse and exploi- eral level. After serving Kentucky’s 4th nett, she made a successful run for the tation. Her work as a lead author of District for 12 years in the House of Senate in 1998. the SHOP Act led to the adoption of Representatives, Senator BUNNING During her time here in the Senate, tax credits and small business health began his service in this Chamber in she served her home State of Arkansas insurance exchanges in health reform. 1999. I have served with him on the with great distinction, serving in the These legislative accomplishments and Budget and Finance committees, and same seat as the late Senator Hattie many others will leave this country have always known him to freely speak Caraway, the first woman ever elected with a lasting legacy of Senator LIN- his mind and ask tough questions. He to the Senate. Like Senator Caraway, COLN’s commitment to improving the remained true to the fierce style he who also made history for being the health of Arkansans and of all Ameri- first demonstrated as a young pitcher first woman ever to be chairman of a cans.

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And, as a Mr. President, I would like to take a really have to struggle to support their member of the Intelligence Committee moment to recognize our retiring col- families. and chairman of the Foreign Relations league from Ohio, Senator GEORGE Senator LINCOLN and I share a com- Africa Subcommittee, his opinion on VOINOVICH. mitment to promoting savings for re- matters related to Africa have carried GEORGE VOINOVICH has led a remark- tirement. She shares my concern that an added weight. able life of public service, stretching retirement income security is a grow- Of course, I have known Senator across all levels of government. Begin- ing challenge for the baby boomers who FEINGOLD best from his work with me ning in 1963, Senator VOINOVICH has are beginning to head into retirement on the Senate Budget Committee. made the people of Ohio his priority, right now as well as the generations Since he joined the panel in 1997, he serving as an assistant attorney gen- that are following. An important focus has been a powerful voice on the com- eral in Ohio, a member of the Ohio for her has been the promotion of em- mittee for fiscal responsibility. He was House of Representatives, Cuyahoga ployee stock ownership plans, which one of the leading advocates for restor- County commissioner, Lieutenant Gov- not only help small businesses—including the paygo, or pay-as-you-go, re- ernor of OH, Mayor of Cleveland, Gov- ing many successful ones in my State quirement to ensure any new manda- ernor of Ohio, and finally, U.S. Sen- of North Dakota—to grow but also help tory spending or tax cuts are fully paid ator. the employee-owners build a separate for. And, in 2009, he introduced a com- Throughout his career, Senator pool of retirement savings that they prehensive Control Spending Now Act, VOINOVICH has been a steady hand, can use during their retirement years. including several important spending guiding Ohio through difficult times. It is unfortunate that we are losing reforms that have since been adopted. As mayor, he led the city of Cleveland such a capable and pragmatic colleague It has been a true honor to serve out of bankruptcy and mismanagement as Senator LINCOLN. It will be sad to alongside Senator RUSS FEINGOLD. He through smart budgeting and prag- see the Senate without her next year, has made a tremendous contribution to matic governing. As Governor, he led but I know nothing but good things this body, to his State of Wisconsin, Ohio out of a recession and into more await her in her future. I wish her the and to our Nation. He will certainly be prosperous times, holding the State best. missed. I wish him all the best in his budget’s growth to its lowest level in 30 RUSS FEINGOLD future endeavors. years and overseeing the state’s lowest I would like to pay tribute and recog- KIT BOND unemployment rate in 25 years. nize the accomplishments of my good Mr. President, I want to join my col- As Senator, he continued his com- friend Senator RUSS FEINGOLD of Wis- leagues in paying tribute to Senator mitment to fiscal responsibility, focus- consin, who will be leaving the Senate BOND as he prepares to leave the Sen- ing on this country’s exploding debt at the end of this session. ate. and long-term challenges. Senator Senator FEINGOLD has faithfully Senator BOND and I came to the Sen- VOINOVICH also fought for reform of our served the people of Wisconsin for the ate together in 1987. While we have not tax and entitlement systems as author last 28 years, serving three terms in seen eye to eye on some issues, I have of the SAFE Commission Act and co- the Wisconsin State Senate and three admired his passion and convictions as sponsor of the Conrad-Gregg Bipartisan terms in the U.S. Senate. During all of he worked to faithfully represent his Task Force for Fiscal Responsibility that time, he has never forgotten who State. Act. Warning about our Nation’s fiscal put him in office. Every year, Senator Even before coming to the Senate, crisis at a Budget Committee hearing FEINGOLD has held listening sessions in Senator BOND had a distinguished ca- in 2009, he testified courageously: ‘‘We all 72 counties of Wisconsin. The input reer in public service for the State of must find a compromise and we must he received in those sessions was his Missouri serving as assistant attorney act now. Many people believe that this guide for every issue he worked on in general, State auditor, and later as generation of Americans will be the the Senate. Governor. He cares deeply about his first whose standard of living will be RUSS FEINGOLD has also been guided home State, which is evidenced by his less than those before them. Our fail- by his tremendous intellect. After long list of accomplishments in the ure to act now will guarantee that they growing up in Janesville, WI, he grad- Senate—a robust highway bill, tar- are right.’’ With Senator VOINOVICH’s uated from the University of Wis- geted investments in public housing retirement, the Senate is losing one of consin-Madison and went on to receive and infrastructure, and a strong na- its strongest and clearest voices on the a Rhodes Scholarship from Oxford Uni- tional defense to name just a few. importance of fiscal responsibility versity and a law degree from Harvard Senator BOND and I have long shared today to keep our country strong and Law School. a common interest in the Missouri growing into the future. To say that Senator FEINGOLD has River. Though we disagree on how it I was also pleased to join with Sen- been independent-minded in the Senate should be managed and the ability of ator VOINOVICH in introducing the is an understatement. He has been a our State’s to utilize this resource, I Truth in Budgeting Act. Our bill would true maverick. He never let party or have enormous respect for my col- have put a stop to the fiscally reckless political pressure influence his efforts league for his passion in defending Mis- practice of using trust fund surpluses here. souri’s claims to this resource. to pay for tax cuts and other spending The clearest example of this was his In particular, I deeply appreciated priorities. Senator VOINOVICH always work on campaign finance reform with Senator BOND’s work with me on the recognized that our current fiscal poli- Republican Senator JOHN MCCAIN. Dakota Water Resources Act. This leg- cies are putting future generations in After years of struggle, the Bipartisan islation was critical for the economic the position of having to borrow tril- Campaign Reform Act, known to most future of North Dakota. During discus- lions of dollars to make good on our as the McCain-Feingold Act, was en- sions on the bill, he was a tenacious ad- Social Security, Medicare and other acted in 2002. Although the Act con- vocate for his State’s interests. His commitments. tinues to evolve and face challenges, it diligence in representing his State, I have always respected his commit- will forever change the landscape of po- coupled with his willingness to gain a ment to principle and his willingness litical campaigns in this country. And better understanding of the water to take independent positions, regard- Senator FEINGOLD has led other efforts needs of my State, ultimately helped less of popularity or political expedi- to promote clean government, such as us reach a compromise acceptable to ence. He has rejected the knee-jerk moving to electronic filing of campaign both States. The people of Missouri can partisan politics that unfortunately

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10396 CONGRESSIONAL RECORD — SENATE December 16, 2010 have taken hold of Washington over While we were not able to pass our Senator BENNETT was elected to the the past decade, opting instead for rea- legislation in the Senate, our effort re- U.S. Senate from his beloved State of sonable, level-headed discourse. Always sulted in the creation of the Presi- Utah, which his father, Senator Wal- willing to reach across the aisle, Sen- dent’s fiscal commission. It has been lace Bennett, represented for many ator VOINOVICH has spent his 12 years an honor to work alongside JUDD in years. And by the time I was elected to in the Senate being an honest broker this fight. Like me, JUDD cares deeply the Chamber, Senator BENNETT had al- and a true public servant. He will be about our nation’s fiscal future and un- ready been one of the ‘‘wise ones’’ in greatly missed. derstands the danger of rising Federal his own right for many years. I have I wish a happy and healthy retire- debt. He has been a tenacious advocate long admired BOB’s sincere apprecia- ment to GEORGE and his wife of 47 of fiscal discipline and putting the tion and respect for the traditions and years, Janet, and congratulate him on budget on a sustainable long-term history of the Senate—to which he and an outstanding career. path. his father have both contributed tre- JUDD GREGG JUDD is a true-blue fiscal conserv- mendously. Mr. President, I have come to the ative. But that has never stopped him Throughout his service here in Wash- floor today to pay tribute to Senator from reaching across the aisle to work ington, BOB’s family has helped keep him grounded—all 6 children and 20 JUDD GREGG of New Hampshire, who with Democrats. In addition to work- grandchildren. Sandy and I wish the will be leaving the Senate at the end of ing with me, JUDD teamed up with Sen- best for BOB and his wife Joyce. this session. ator Ted Kennedy in 2001 to co-author SAM BROWNBACK Although I am happy for JUDD and the No Child Left Behind Act. More re- his wife Kathy, as they set off on the cently, he teamed up with Senator Mr. President, I join my colleagues in appreciation and admiration of Senator next stage of their lives, JUDD’s retire- WYDEN to write the first major bipar- ment represents a great loss for the tisan tax reform legislation in decades, SAM BROWNBACK. SAM’s commitment to public service U.S. Senate, for the people of New the Bipartisan Tax Fairness and Sim- grew out of the farmlands where he was Hampshire, for the entire Nation, and plification Act. raised and where his parents still re- for me personally. Notably, JUDD also played a key role side. As a student, SAM earned the re- Simply put, JUDD has been an out- in the bipartisan negotiations that led spect of his peers as State president of standing public servant. He has worked to the creation of the TARP legisla- the Future Farmers of America and tirelessly and effectively on behalf of tion. TARP was widely criticized dur- student body president at Kansas State his State, first as a Congressman, then ing this past election season, but the University. The people of Kansas have as Governor, and then as a Senator. results are now in, and it is clear that put their trust in SAM multiple times: the TARP program was successful in The people of New Hampshire rewarded as their Secretary of Agriculture, as stabilizing the financial sector and his faithful service by repeatedly elect- one of their members in the House of helping to prevent the economy from ing him by wide margins. When he was Representatives, and for 14 years in the dipping into a full-blown depression. reelected to the Senate in 2004, JUDD U.S. Senate. The success of the program and the re- received the highest number of votes in SAM drew upon his experience in Kan- New Hampshire history. payments now coming into the Treas- sas to shape legislation here in Wash- JUDD has been a true leader in the ury can be attributed, at least in part, ington. He offered legislation to create Senate. Few Members have the breadth to JUDD’s insistence on including provi- more opportunity for America’s farm- of knowledge and insight that he holds sions in the legislation to protect ers, and to reduce foreign trade bar- on the key issues that come before this American taxpayers. riers to their products. In time SAM body. Whether it be the budget, edu- Finally, JUDD’s retirement means rose to become a leader on the Senate cation policy, or banking reform, he more to me than just losing a great Appropriations Committee, as well as has been at the center of the debate, partner on the Budget Committee. I am the Energy and Natural Resources and Members on both sides of the aisle also losing a great friend. At a time Committee. seek out and respect his judgment. when Washington is filled with so SAM also has a heart for victims of I have come to know JUDD best for much partisan rancor and disagree- disease and human rights violations all his work on the Budget Committee. He ment, we need more individuals from over the world. He proposed incentives has been on the committee for all of across the aisle to form friendships for drug companies to offer discounts the 18 years he has been in the Senate. like ours. for life-savings medications for people He served as chairman in 2005 and 2006, JUDD, I wish you all the best in your of developing nations. He boldly called after Senator Nickles retired, and has retirement. You will truly be missed. for the end to human rights violations been the ranking member ever since. BOB BENNETT in Darfur and Iran. I have been proud I could not have asked for a better Mr. CORNYN. Mr. President, I join to stand with him on numerous pieces partner on the committee. It has been my colleagues in appreciation and ad- of human rights legislation, including a pleasure to work closely with him. miration of Senator BOB BENNETT. the Iran Democratic Transition Act in Our staffs have also worked very well Senator BENNETT understood the per- this Congress. together, which is a testament to the spectives of America’s small business SAM’s tenure in the Senate has come leadership of JUDD and the example he owners. After all, he was one of them. to an end, but not his service to the set in his work with me. As CEO of Franklin Quest, BOB grew people of Kansas. They overwhelmingly And JUDD has tremendous integrity. the company from 4 employees to over called him back home to serve as their His word is his bond. 1,000. During his tenure the firm be- Governor, and begin the next chapter Although we haven’t always agreed came one of the best known providers in his remarkable career. Sandy and I on policy, JUDD has always upheld the of time management seminars and wish him and his family all the best. highest standards of the Senate by products, and became listed on the New JUDD GREGG knowing how to disagree without being York Stock Exchange. Mr. President, today I would like to disagreeable. We have had fierce de- Reducing obstacles for small business join with my colleagues in apprecia- bates over the years, but we have never owners has been one of Senator BEN- tion and admiration of Senator JUDD let that affect our ability to work to- NETT’s top priorities in Washington. In GREGG of New Hampshire. gether. his first 6 months of service, he took to JUDD is a native of New Hampshire Of course, the highlight of our work the floor to identify three ways the and after practicing as an attorney in together came in our legislative effort Federal Government was growing at Nashua, where he was born, he began a to adopt a bipartisan fiscal task force the expense of the entrepreneur. Those devoted career of public service to his to address the country’s long-term debt three obstacles—increased regulation, State. Before coming to the Senate, crisis. That joint effort was truly one increased taxation, and increased dif- JUDD served as a member of his State’s of the most rewarding experiences of ficulty in capital formation—remain executive council, as a Representative, my career in the Senate. I will never challenges to job creators today, and and then on to become, as his father forget the days we spent discussing the BOB has never stopped voicing their Hugh Gregg had been before him, Gov- proposal during a trip in 2006. concerns. ernor of the Granite State.

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JIM also served as record of fiscal responsibility has Public Works Committees. chairman of the Banking Committee’s served as an example for our entire Na- Senator BOND and I worked most Economic Policy Subcommittee, where tion to follow. closely together on issues relating to he authored legislation that reformed His expertise on budgetary and fiscal national defense and foreign affairs. In the National Flood Insurance Program issues has benefitted all his fellow Sen- this Congress alone, he and I jointly in- and made it possible for millions of ators on the Budget Committee. As troduced the Military Voting Protec- Americans to protect their homes both chairman and ranking member of tion Act of 2009, the Iran Democratic affordably. the committee, JUDD put together both Transition Act of 2010, and a resolution JIM’s passion for policymaking has excellent staff and the resources nec- affirming Israel’s right to self-defense. helped him shape legislation that will essary to advance our goals of cutting His leadership as vice chairman of the govern our Nation for years to come, spending, balancing the budget, and re- Select Committee on Intelligence has but his greatest legacy is his family. ducing our nation’s debt. With steps been a lasting contribution to the secu- He and Mary raised 9 children and have such as his successful sponsorship of rity of our Nation, 35 grandchildren and 4 great-grand- the fiscal year 2006 budget resolution, KIT has helped shape legislation that children. Sandy and I offer our best which reduced mandatory spending for will govern our Nation for years to wishes to the entire BUNNING family, the first time in years, hard-working come, but his spirit is what I will miss and we thank him for his years of serv- American taxpayers have saved bil- the most. As he has said: ‘‘Serving Mis- ice to our great Nation. lions thanks to Senator GREGG’s ef- souri has been my life’s work. I have GEORGE VOINOVICH forts. walked the land, fished its rivers and Mr. President, I join my colleagues in Senator GREGG and I worked hard to- been humbled by the honesty and hard appreciation and admiration of Senator gether in fighting to reduce our gov- work of our people. The highest honor GEORGE VOINOVICH. ernment’s burden on taxpayers and the is to receive and safeguard the public Senator VOINOVICH represents the excessive spending that fuels it. We trust.’’ great State of Ohio—and in some sense have both fought hard for our govern- In his retirement, KIT will now have he has never left. He was born and ment to take our financial future seri- the opportunity to focus his time on raised in Cleveland, earned a bachelor ously and to make the tough decisions his other loves: his wife Linda, his son of arts degree in government from Ohio necessary for it to be secured for our Sam, and his new daughter-in-law Mar- University, and received a law degree generation and for many more to come. garet. The Mizzou Tigers and the St. from the Moritz College of Law at the I would like to thank Senator GREGG Louis Cardinals will also likely see him Ohio State University. After more than again for his leadership on these impor- in the stands more often. Sandy and I four decades of public service, he and tant issues, and his extensive service to wish both KIT and Linda the very best Janet still live in Cleveland with their the people of New Hampshire. My wife as they continue their journey to- family. Sandy and I wish Senator GREGG, his gether. Before coming to Washington, Sen- wife Kathy, and their family all the JIM BUNNING ator VOINOVICH established a long best. Mr. President, I join my colleagues in record of service to the people of the KIT BOND appreciation and admiration of Senator Buckeye State: as a member of the Mr. President, I join my colleagues in JIM BUNNING. State legislature, a Cuyahoga County appreciation and admiration of Senator Millions of American baseball fans Commissioner, the Lieutenant Gov- KIT BOND. Kit has been a faithful pub- know JIM as one of the most accom- ernor of Ohio, mayor of Cleveland and lic servant to the people of Missouri for plished athletes of his generation. JIM Governor of Ohio. As mayor of Cleve- many years. I feel privileged to have pitched for both the Detroit Tigers and land, he helped turn around the local had the opportunity to serve alongside Philadelphia Phillies during his 17-year economy after the city declared bank- him in the U.S. Senate. career. He was the second pitcher in ruptcy in the 1970s. As Governor, Before being elected to this body, KIT history to notch 100 wins and strike George spearheaded economic recovery made a strong impression as a student, out 1,000 batters in both the American efforts after Ohio fell into a recession a lawyer, and a public servant. He and National Leagues, and when he re- during the early 1990s. He helped re- graduated Cum Laude from Princeton tired he was second on the all-time duce Ohio’s unemployment rate to a 25- University, and was first in his law strikeout list. His impressive career year low and maintained the lowest school class at the University of Vir- earned him a spot in the Baseball Hall budgetary growth levels in 30 years. ginia. He practiced law as an assistant of Fame. Along the way, he became the only per- attorney general for the State of Mis- While he wore the uniforms of teams son to hold the highest leadership posi- souri under John Danforth, who him- in Michigan and Pennsylvania, JIM’s tions in both the National Governors self was a future Senator from the heart never left his native Kentucky. Association and the National League of ‘‘Show-Me State.’’ His colleagues at Six years after retiring from baseball, Cities. that time included John Ashcroft, who JIM decided to run for public office and The people of Ohio sent GEORGE to also went on to serve in this Chamber, won a city council seat in Fort Thom- Washington to serve in the U.S. Senate and future Supreme Court Justice Clar- as, KY. He was later elected to the in 1998 and then reelected him 6 years ence Thomas. Kentucky State Senate and became the ago in a landslide victory. Senator KIT often jokes that he transitioned Republican leader. Kentuckians then VOINOVICH’s policy accomplishments from the second most hated career—a elected JIM to the U.S. House of Rep- reflect his dedication to maintaining lawyer—to the first: a politician. The resentatives for the 4th District of fiscal responsibility, enhancing na- people of Missouri have repeatedly af- Kentucky where he served until 1998. tional security, increasing America’s firmed that he made the right choice. During his time in the House, Jim com- global competitiveness, and improving They elected him to be their State mitted himself to defending Social Se- the federal government’s efficiency. Auditor. They elected him as the curity as chairman of the Social Secu- His Mortgage Relief Act of 2007 was the youngest Governor in Missouri’s his- rity Subcommittee. His unwavering first piece of legislation to be signed tory. And they have elected him four stance on protecting Social Security into law that aimed to lessen the im- times to represent them in the U.S. contributed to the establishment of the pact of America’s foreclosure crisis. Senate. Social Security Administration as a Senator VOINOVICH has also been a Senator BOND brought many of his separate agency. strong voice for America’s interests passions as Governor to this Chamber, JIM was elected to the Senate in 1998 and values all over the world. He has including his longtime support for Mis- and quickly became a strong voice for been a strong proponent of NATO ex- souri’s successful Parents as Teachers fiscal responsibility. He became the pansion, U.N. reform, and U.S. public

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10398 CONGRESSIONAL RECORD — SENATE December 16, 2010 diplomacy efforts. He has also spoken more oversight of the Federal Reserve ranks of Republican Governors who are out strongly against global anti-Semi- long before it became a Tea Party committed to saving freedom and free- tism, racism and other forms of intol- cause and he deserves credit for driving markets. SAM and his fellow Repub- erance. the issue into the mainstream. lican Governors will stand sentry in Sandy and I wish all the best to As Senator, you could say JIM’s ap- their state capitols, defending Ameri- GEORGE and Janet, as well as their proach has been direct as the fastballs cans from unaffordable mandates and three children and eight grandchildren. he threw that made him a major unprecedented intrusions by the Fed- And we thank GEORGE for his many league, Hall of Fame pitcher. When the eral Government. years of service in the U.S. Senate. Democrats tried to pass off phony The current Secretary of Health and JIM BUNNING paygo rules as real reform, JIM exposed Human Services, Democrat Kathleen Mr. DEMINT. Mr. President, I rise in it as a trick pitch. It was a gimmick to Sebelius, left Topeka to come to Wash- tribute to Senator JIM BUNNING, who is fool Americans into thinking they ington and impose an unconstitutional retiring after honorably serving the would pay for their big-spending plans. health care takeover on all Americans. people of Kentucky for 24 years. The Democrats said paygo would ob- I am confident Republican Governor- Throughout his political career, JIM ligate Congress to offset any new elect SAM BROWNBACK, who is leaving has been a fierce taxpayer’s advocate. spending with new revenues or spend- Washington for Topeka, will success- A bold defender of life and protector of ing cuts elsewhere in the budget. Soon fully fight for state rights in court and families. A small business ally. And, a after, they tried to pass $10 billion in preserve freedom for Kansans. courageous critic of bad government unpaid for unemployment extensions SAM won on a platform of oppor- policy. Moreover, the Democrats wanted to tunity, accountability and responsi- As the targets of his criticism have pass it by unanimous consent. Mean- bility—the very principles his State learned, JIM’s words can sometimes be ing, no public debate. No rollcall vote. was founded upon. sharp. That is because cold, hard truths No accountability. His ‘‘Road Map for Kansas’’ is built have sharp edges and JIM BUNNING The Democrats bet no one would op- on ideas to grow the economy, create speaks in cold, hard truths. pose benefits for the unemployed in private-sector jobs, improve education, Even when it comes to his own party. this bad economy. They believed, as reform the state government and sup- In the summer of 2008, shortly after a they continue to, that they can keep port Kansas families. This is exactly Republican Treasury Secretary ob- giving out money without paying for it the kind of leadership our nation so tained the authority to pump unlim- and without any consequences. desperately needs. His five-point plan ited money into Freddie Mac and JIM did not concede. He objected and is a clear and bright as the tips of the Fannie Mae, JIM was rightfully upset. stood his ground on the Senate floor. stars on the Kansas flag. ‘‘When I picked up the newspaper yes- And by doing so, he showed everyone In addition to the roadmap for Kan- terday, I thought I woke up in France,’’ what a sham paygo is. The Wall Street sas, SAM has promised to institute a he told the Secretary in a hearing. Journal called it ‘‘his finest hour.’’ spending freeze for his State his very ‘‘But no,’’ JIM said, ‘‘it turned out it BUNNING announced his retirement in first month in office. was socialism here in the United July 2009, more than a year ago. He It has been an honor to serve along- States.’’ could have taken it easy during his last side SAM, one of our nation’s premier JIM often asked simple questions years in the Senate. He didn’t have to pro-life leaders. He knows no one that were easy to answer truthfully tackle the Treasury, the Fed or insist should be denied the right to life—espe- and didn’t tolerate equivocation. In the unemployment extensions be paid for. cially the unborn. As he said in a case of the Fannie and Freddie bail- But, he did. JIM BUNNING, the Hall of speech at the 2004 March for Life, ‘‘If outs, he asked the Treasury Secretary, Fame Pitcher, the distinguished Sen- we demean and degrade one human life, ‘‘Where will the money come from?’’ ator, father of 9 and grandfather of 40 we demean and degrade all human The Treasury Secretary said it was cared too much for this country to sit life.’’ better to ‘‘be unspecified and enhance this one out. As a U.S. Senator, SAM relentlessly confidence in the market.’’ He said in his farewell speech that he fought to protect the unborn. He was JIM asked again saying that ‘‘doesn’t prays the Members of Congress will the principle sponsor of the Unborn answer the question. Where is the stop spending our future generations Child Pain Awareness Act, the Pre- money going to come from if you have into higher taxes and a lower standard natally Diagnosed Conditions Aware- to put it up?’’ of living than we have now. I pray for ness Act, the Human Cloning Prohibi- There was more waffling, but JIM fi- that, too. tion Act, and others. He has also nally pushed the Treasury Secretary to Finally, I express my gratitude to worked to advance the Partial-Birth admit the money was going to come Senator BUNNING for supporting the Abortion Ban Act, the Unborn Victims from the taxpayer. The taxpayers were new Republican from his state who will of Violence Act, and the Born-Alive In- going to pay. inherit his Senate seat next year. JIM fants Protection Act. He later called for the resignation of campaigned for someone to take his SAM has increased awareness about that Republican Treasury Secretary place who would say no to bailouts, the joy of adoption. He can personally because he was, as JIM put it, ‘‘acting stop the takeovers, end the wasteful attest to it. He and his wife Mary and like the minister of finance in China.’’ spending and bring down the national three children Abby, Andy and Eliza- ‘‘No company fails in Communist debt. The nation will benefit greatly by beth have welcomed two children in China, because they’re all partly owned continuing to have a senator at JIM’s need of a loving home into their lives. by the government,’’ JIM noted. desk who believes as much in the prin- The BROWNBACK’s youngest son Mark is JIM has also been a brave critic of the ciples of free markets and freedom as from Guatemala. Their youngest Federal Reserve. He has told the Fed JIM. daughter Jenna is from China, where Chairman, who was appointed by a Re- Thank you JIM for giving America families are subjected to grave and cal- publican President and helped orches- your best until the very last inning. lous one-child policy. trate bailouts for those considered too SAM BROWNBACK Thank you SAM for fighting for a bet- big to fail that, ‘‘You are the definition I rise in tribute to my good friend, ter life for all of God’s children. of a moral hazard.’’ Senator SAM BROWNBACK, who will soon As we bid him farewell, I would like ‘‘Your Fed has become the creature be Governor SAM BROWNBACK. to reflect on one short passage from his from Jekyll Island,’’ JIM said. And then Senator BROWNBACK leaves this book, ‘‘From Power to Purpose.’’ In it, he asked for the Fed Chairman’s res- Chamber as a man of character and SAM wrote ‘‘The heart of the matter is ignation, too. success. He made a promise to the citi- the human heart, which is where JIM has performed a great public zens of Kansas to only serve two terms human goodness begins.’’ service by bringing attention to the in the U.S. Senate and he is honoring That shows the kind of heart SAM has economic damage being caused by the it. for public service. His tenure in the Fed with cheap money when no one He will continue to serve his con- U.S. Senate is marked by his compas- else would. He was there calling for stituents well, as he will soon join the sion and care for his fellow man.

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Mr. President, when many issues we have fought together. should be commended for that. GEORGE VOINOVICH came to the Senate In particular, I want to recognize his He took a lot of unpopular positions in 1998, he brought with him a wealth role in pressing for pay for performance over the years. Most notable was his of experience as a State legislator, reforms in our Federal workforce. If we sole opposition to the Patriot Act. He county commissioner, mayor, and Gov- want an effective government, we must stood up for his ideals when it would ernor. More important, he brought an encourage excellence in our workforce, have been easy to brush them aside. independent mind, common sense, and as Senator VOINOVICH clearly under- But that is the kind of person RUSS is. a commitment to results. stands. He was never willing to sacrifice his Through more than four decades of He has been an effective voice for fis- principles to do the politically easy public service, he has always been guid- cal discipline, for comprehensive tax thing. Our country is safer because of ed by the principle that a fundamental and entitlement reform, and for en- his work. obligation of government is to honor hancing America’s competitiveness in RUSS also has been a tough budget its responsibilities to citizens. His goal a global economy. All of these issues hawk, working tirelessly to bring down has always been to ensure that those in and so many more demonstrate his spending and give the next generation public office ‘‘work harder and smart- commitment to honoring responsibil- a debt-free future. He also helped form er, and do more with less.’’ ities and achieving results. the current lobbying rules that restrict But Senator VOINOVICH is revered When Senator VOINOVICH announced gifts, employment, and perks that can here and at home for deeds, not words. early last year that he would not seek be given to members and staff by spe- As mayor, he brought Cleveland back reelection, the outpouring of tributes cial interest lobbyists. These policies from bankruptcy and led its trans- was heartfelt and bipartisan. As one didn’t always make him popular formation into a three-time All-Amer- Ohio newspaper wrote, ‘‘Once he around here—and sometimes caused ica City. As Governor, he steered Ohio latches on to an issue, he doesn’t let go problems inside his own party—but he through the recession of the early until he is satisfied with the outcome.’’ was willing to buck the system when 1990s, turned a State budget in the red Senator VOINOVICH’s determination, he felt he had to. back to black, and helped rebuild combined with wisdom, experience, and Janesville should be proud of their Ohio’s industry and infrastructure for decency, made him an outstanding U.S. hometown son who has accomplished the 21st century. Senator and public servant. I thank so much. He leaves the Senate, but I From his executive background in GEORGE VOINOVICH for his years of serv- hope he doesn’t leave public service. local and State government, Senator ice and for his friendship, and wish him His character and intelligence are VOINOVICH knew that any government and Janet all the best in the years to needed by his community, State and is only as good as the people working come. country. We will miss him. for it. He has been a strong advocate RUSS FEINGOLD CHRIS DODD for improved government management, Mr. KOHL. Mr. President, I take a Mr. LEVIN. Mr. President, occasion- and for recruiting, retaining, reward- moment to say a few words about the ally in the career of a U.S. Senator, ing, and recognizing the best govern- junior Senator from Wisconsin, Sen- one is given the opportunity to shape ment workforce. ator RUSS FEINGOLD, who will be leav- legislation that will bring historic It has been my privilege to work ing the Senate at the end of this ses- change to our Nation. The Senators closely with Senator VOINOVICH on the sion. We have served together in the who have seized such opportunities Homeland Security and Governmental Senate, working for the people of Wis- stand among the Senate giants of our Affairs Committee. He is devoted to consin every day, since he was elected lifetime: ‘‘Scoop’’ Jackson. Hubert protecting our Nation and our people. in 1992. But now Wisconsin is losing a Humphrey. Everett Dirksen. Ted Ken- Our committee’s work was aided powerful and thoughtful advocate that nedy. greatly by his leadership of the Sub- carried on the proud progressive tradi- As this Congress comes to a close, we committee on Oversight and Govern- tion of Robert LaFollette. must say goodbye to CHRIS DODD, a ment Management, and his conviction RUSS came to the Senate by winning Senator who has seized such opportuni- that government works only when it an upset election, running as an out- ties, one whose drive and dedication ensures that the right people have the sider. He famously wrote a promise to and wisdom have enabled us to bring right resources to get the job done. He the people of Wisconsin on his garage great and needed change. Senator has been instrumental in virtually door, and people responded to his sin- CHRIS DODD has been a good friend to every major civil service issue for more cerity. Keeping that promise has kept me. He has been a leader to those who than a decade and has championed 17 him close to the people of Wisconsin as seek an America that is stronger, fair- pieces of legislation to transform and he traveled to every county in the er and more just. improve our Federal workforce. State once a year to hold a listening Senator DODD will be rightly remem- Since coming to Washington, the session. That kind of accessibility, and bered for his essential role in passage ‘‘Workforce Senator’’ has been a his pledge to raise his campaign money of the Dodd-Frank Wall Street Reform watchdog for the interests of the tax- mostly from the people of Wisconsin, and Consumer Protection Act. In the payers and of government employees. gives him a credibility and integrity aftermath of a financial crisis that Early in his service, the Senior Execu- that no one in the State can question. brought the nation’s economy to a halt tive Service Performance Improvement Money and politics has always been and threatened a second Great Depres- Act and the Chief Human Capital Offi- an issue that RUSS felt passionately sion, the need for Wall Street reform cers Act recognized that the Federal about. So it should be no surprise that was clear, but so were the enormous Government must compete if it is to his biggest legislative win was when he obstacles to passage. In addition to attract the best. In this Congress, the worked with Senator JOHN MCCAIN to honest disagreements about how best Federal Hiring Process Improvement put restrictions on campaign financing to proceed, we faced determined oppo- Act addressed the need to streamline with the historic Bi-Partisan Campaign sition from Wall Street, which wanted recruiting so that the right person can Finance Reform Act, better known as to maintain a status quo that put prof- be hired at the right time. the McCain-Feingold bill. That legisla- its ahead of economic stability. All of And his efforts have been successful. tion, like many of his stands over the us who participated in the debate over A recent Federal employee survey on years, didn’t always make him popular that bill know how complex and dif- the best places to work found that the with his colleagues, but it was the ficult it was to craft it, and we all have top three agencies—the Nuclear Regu- right thing to do to try and root out enormous hopes that this landmark

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But I never doubted History also will mark Senator to a close, speeches will be given, por- that Senator FEINGOLD came to his DODD’s key role in passage of the Pa- traits will be hung, someday statues conclusions only after giving careful tient Protection and Affordable Care will be raised, but the ultimate monu- consideration to the arguments oppos- Act, a landmark step in the decades- ment to his Senate career will be the ing them. long fight to ensure that every Amer- mother or father who has time to care We will miss RUSS FEINGOLD, miss his ican has access to affordable health for a sick child because of the Family intellect, his independence, and his care. Taking up the baton for his dear and Medical Leave Act. It will be the dedication. I will always call him my friend, Senator Kennedy, Senator DODD parent who doesn’t have to choose be- friend. The Senate will be poorer for provided strong and sure leadership, tween putting food on the table or pro- his absence. But I know that the Na- again in the face of obstacles that at viding health insurance for his chil- tion will continue to enjoy the benefits times threatened the bill’s very sur- dren. It will be the child who excels in of his service. vival. Thanks to his dedication, health the classroom because of Head Start. coverage is more secure and affordable The monuments to CHRIS DODD will be f for families who have it, and more ac- the millions of Americans whose lives MUSEUM AND LIBRARY SERVICES cessible to families without it. are safer, more secure and more pros- ACT If Senator DODD had accomplished no perous because of the work he has done other legislative victories than these here. No Senator could ask for more Mr. REED. Mr. President, this week, two, he could rightly claim a place meaningful tributes. I will miss his with little fanfare, we completed work among the Senate’s most effective leg- wisdom and his humor as we conduct on an important bill, through a bipar- islators. But CHRIS DODD accomplished business here, but I will continue to tisan process, by passage of S. 3984, the much more. value his friendship. I wish him and his Museum and Library Services Act of Millions of American families have wonderful family the happiest of times 2010. benefitted from his work in enacting in all the years to come. This bill updates museum and library the Family and Medical Leave Act. Be- RUSS FEINGOLD services funded through the Institute fore this legislation became law in 1993, Mr. President, true bipartisanship for Museum and Library Services, Americans faced wrenching choices be- has been in sadly short supply in this IMLS, to better meet the needs of tween their responsibilities at home Chamber recently. Sadly, at the end of Americans of all ages and in all types and at work. Despite two Presidential this Congress, the supply of bipartisan- of locations. vetoes, Senator DODD continued fight- ship will be a little lower, because we The Museum and Library Services ing until he had succeeded. And today, will no longer have the benefit of RUSS Act represents our national commit- American workers are able to give FEINGOLD’s presence in the Senate. ment to the institutions that are es- their families the time and attention Senator FEINGOLD’s service to the sential to building strong and vibrant they need without fear of losing their Senate demonstrates that one need not communities. Through a relatively job. abandon strongly held convictions to modest federal investment, this law Families and children have been at reach bipartisan solutions. His example helps build capacity to support and ex- the heart of much of his work. The proves that disagreeing with someone pand access to library and museum child care and development block grant on one issue need not prevent working services at the State and local level. program, which he fought to establish, with them on another issue. He has We were able to complete this legis- has helped millions of low-income fam- shown that one can act as a good stew- lation because we worked together— ilies get the child care they so des- ard of taxpayer dollars and a careful across the aisle and across the Capitol, perately needed. The Head Start pro- advocate for fiscal responsibility with- and with the input of the museum and gram has been a career-long priority, out leaving behind the working fami- library community. and his hard work to ensure that Head lies who need us to stand up for them. I would like to take a moment to rec- Start remains strong has made a huge There are many examples of Senator ognize and thank our HELP Committee difference in countless lives. FEINGOLD’s search for bipartisan solu- Chairman TOM HARKIN, Ranking Mem- His work on behalf of families ex- tions, but justifiably, he is best known ber MIKE ENZI, and Senator RICHARD tends to protecting them from preda- for the McCain-Feingold campaign fi- BURR for working with me to craft this tory credit card companies. I worked nance legislation. The assault on this bipartisan legislation. I would also like closely with him in the fight for pas- legislation in the courts should not dis- to recognize our cosponsors, Senators sage of the Credit Card Accountability tract us from its wisdom. This bipar- COCHRAN, COLLINS, and TESTER. In ad- and Disclosure Act, which provided tisan legislation was based upon the in- dition, I would like to express my ap- tough new protections against unfair herently American and inherently preciation to House Education and practices in the credit card industry. democratic notion that elections Labor Committee Chairman GEORGE Part of the reason for CHRIS DODD’s should be decided by the will of the MILLER and Ranking Member JOHN extraordinarily successful legislative people, and not because of the influ- KLINE for quickly guiding this bill career is that people simply like work- ence of wealthy donors or moneyed in- through the House. ing with him. He is good-natured, open terests. This is a notion that is not Re- No piece of legislation can be enacted and non-defensive, willing to listen to publican or Democratic, not liberal or without the diligent work of dedicated differing points of view. His openness is conservative. It relies not on party loy- staff. I would like to thank Kristin Ro- accompanied by an infectious sense of alty or ideological fervor, but on a mero and Margaret Bomba of the office humor that has eased tense moments sense of justice. That sense of justice is of legislative counsel who worked with and helped us all take ourselves a little central to what Russ Feingold has us to draft the bill. I would also like to less seriously, which in turn has helped brought to the Senate. recognize the efforts of staff: Thomas overcome some mighty serious im- Likewise, the civil rights of Amer- Showalter, Pam Smith, and Bethany passes. ican citizens are not a matter of party Little with Chairman HARKIN; Beth A common thread runs through all or ideology. I admire Senator FEIN- Buehlmann and Kelly Hastings with his signature accomplishments. GOLD’s unflagging commitment to Senator ENZI; Celia Sims with Senator Throughout his career, CHRIS DODD has those rights, and his efforts to find a BURR; Lory Yudin with the HELP Com- been dedicated to the idea that com- reasonable balance between protecting mittee; and in my office, Elyse Wasch, passion has a place in this chamber; our safety and preserving our freedom. Moira Lenehan-Razzuri, Andrew that as we do our work, we should keep Now, Senator FEINGOLD and I have Odgren, and Jason Kanter. in mind that real families, with real not agreed on every issue. While we Additionally, all of us who worked on problems, are looking to us for solu- both believed the Iraq war was a mis- this bill appreciate the technical as- tions; and that a Senator, with hard take, he believed we should respond by sistance and feedback we received from work and resourcefulness and team- ending funding for the war. I disagreed, the staff of IMLS. Finally, I would like

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10401 to commend the American Library As- This legislation certainly cannot It is simply long past time that we sociation and the American Associa- remedy all of our economic struggles, extend the 2001/2003 tax relief and ex- tion of Museums for developing but it is essential that we provide nec- piring provisions such as the R&D tax thoughtful recommendations and essary certainty in Federal tax policy, credit and the child credit. It is incum- working with us to improve museum which is the foundation upon which our bent upon this Congress to enact stable and library services across the Nation. Nation’s entrepreneurs make decisions tax rules that will help Americans to I especially appreciate the wisdom and about taking risks, investing in the fu- get back to work and plan their lives— input I have received from the vibrant ture, and creating jobs. As the end-of- our political Hippocratic Oath of library and museum community in the-year deadline looms for the biggest ‘‘First Do No Harm’’ should apply at Rhode Island. tax increase in history, American em- this moment, just as there are glim- I look forward to this legislation ployers have been retrenching and mers that our national economy is past being swiftly signed into law. bracing for the possibility of Wash- its low ebb. At this juncture we cannot f ington taking a larger share of taxes veer onto a dangerous path and in- out of their businesses—and that is increase taxes, which is exactly what TRUCK WEIGHTS ON MAINE hibiting our economic potential at a would happen if this legislation does INTERSTATE HIGHWAYS time when we can least afford to fetter not become law. Indeed, the tax in- Ms. SNOWE. Mr. President, I have an the forces of our private sector. creases scheduled to take effect in a amendment to the continuing resolu- Frankly, the debate over whether ex- matter of 3 weeks would be the biggest tion, H.R. 3082. tending these tax provisions is the tax increase in history—an $800 billion My amendment will rectify an im- right thing to do is now past. What we tax increase that will be averted by pediment to international commerce are experiencing right now is a jobless this legislation. flowing through Maine, and protect recovery, which isn’t a true recovery at And the agreement on which this leg- Maine drivers and pedestrians. For the all if you cannot find a job or earn a islation is based is something that has past year, Maine truckers have oper- paycheck. For 2 years of debating and been rare in Washington in the last 2 ated under a pilot program that allows legislating in Washington about how to years—a hard fought consensus among trucks over 80,000 pounds to move from fix the economy, our economy should the leaders of both parties. Both sides be in more than just the ‘‘holding pat- local roads to safer interstate routes, of the negotiating table were required tern’’ Harvard Economics Professor, far from schools and homes. The pilot to make concessions to reach this Martin Feldstein, has described. I am project has been a great success, and I point and, as a result, a significant ma- afraid that at this historic juncture— seek to make it permanent. jority of 83 to 15 voted to move this Unless we take action before Decem- with the unemployment rate of 9.8 percent, or roughly 15 million people out legislation forward. ber 17, trucks over 80,000 pounds trav- Undeniably, one of the key compo- of work, poverty in America is at its eling to or from the Canadian border or nents of this legislation is the 10-per- highest in over a generation, and we within upstate Maine will be forced cent tax rate that was a hallmark of are experiencing historically low inves- onto secondary roads, many of them the original 2001 legislation. While tor and consumer confidence—we do two-lane roads, which run through other tax rates have been the object of not have the luxury to take the gamble towns and villages. Trucks traveling and increase taxes. more heated—and highly polarizing— between Houlton and Hampden, ME, on A consensus has developed among debate, it is undeniable that this 10 these local roads will pass more than economists and policymakers that ex- percent rate is the most significant. If three thousand homes, several schools, tending these tax provisions will ben- this legislation is not enacted into law, and hundreds of intersections. Tanker efit the economy. Indeed, according to roughly 27 million tax returns will wit- trucks carrying fuel will again be trav- the White House, extending these tax ness a 50 percent increase in taxes, eling past elementary schools and li- provisions will result in more than 1.5 from 10 percent to 15 percent. With braries, and competing with local traf- million jobs. Back in September, Mark consumer spending representing 70 per- fic. Not only is this an inefficient Zandi released data indicating that in- cent of gross national product, we must method of moving goods, but it also creasing taxes from 33 and 35 percent be cognizant of how this tax increase unnecessarily increases risks on nar- up to 36 and 39.6 percent on small busi- would eradicate any sign of economic row local roads. ness and high-income taxpayers would recovery. This is not even an issue of What is the result of such truck traf- reduce gross domestic product by 0.4 individuals bracing for a higher tax fic on local roads? According to a study percent in 2011 and would reduce pay- bill—on January 1 employers would conducted by the Maine Department of roll employment by 770,000 jobs by mid- withhold more taxes from paychecks Transportation, traffic fatalities in- 2012, precipitating a double-dip reces- leaving less for the rent, grocery bills, volving trucks weighing 100,000 pounds sion in the first half of 2011. Mr. Zandi a tank of gas or utilities. are 10 times greater on secondary roads is now estimating that this legislation Of course, all taxpayers benefit from in Maine than on exempted interstates. will create 1.6 million jobs. Further, the initial 10-percent tax rate, but for Serious injuries are seven times more even the Center for American Progress these low-income individuals and fami- likely. The past year’s pilot program estimates job growth at 2.2 million jobs lies, having the 10-percent rate revert has proved that Maine’s rural inter- as a result of this legislation. to a 15-percent rate would be particu- state is a safer place for large trucks. The Congressional Budget Office has larly burdensome. For individuals Maine Department of Transportation been stating since September that ex- making less than $8,000 per year and officials strongly support this program. tending the tax rates through 2012, as couples making under $16,000, this 10- Extensive studies and infrastructure this legislation would do, would add be- percent rate is a lifeline. For taxpayers inspections have left State DOT offi- tween 600,000 and 1.4 million jobs in slightly higher up the income stream, cials confident that heavier trucks car- 2011 and between 900,000 and 2.7 million having this initial portion of their in- rying interstate and international jobs in 2012. Further, CBO estimates come taxed at only a 10-percent rate loads belong on the interstate. that this legislation would enhance the can significantly help reduce their ef- I urge my colleagues to support this gross national product by 1.1 percent. fective tax rate. straightforward amendment. Also back in September, a group of 300 Another hallmark of the 2001 tax leg- Ms. SNOWE. Mr. President, I rise to economists recognized this reality and islation that would be extended is mar- express my strong support for the tax sent a letter to Congress imploring an riage penalty relief. The initial two tax legislation that will not only enable extension of the current rules. Perhaps rates, those at 10 percent and 15 per- millions of American families to keep the phrase ‘‘better late than never’’ is cent rates, allow for twice the amount more of their paychecks, but will also most applicable to the impending pas- of income for a married couple than is provide a stable and predictable eco- sage of this legislation that will avert taxed for an individual, so individuals nomic platform upon which American the tax increases that loom a mere 3 earning up to $34,000 are taxed at 15 businesses can operate, and pull our weeks away and would lead to a dou- percent and couples can earn up to economy from the economic morass of ble-dip recession, and drive our unem- $68,000 and still remain in the 15-per- the past 2 years. ployment rate even higher. cent bracket. This was certainly not

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10402 CONGRESSIONAL RECORD — SENATE December 16, 2010 the case before the 2001 law, and thus Under this legislation, these policies tax brackets is attributable to flow- an extension of this provision is noth- on dependent care will be extended for through businesses. These are the ening short of an imperative for low in- an additional 2 years, through 2012. trepreneurial firms that are generating come and middle income married cou- Again, with Senator LINCOLN, we have the jobs necessary to pull us out of this ples today. introduced legislation that would have recession, and it is imperative that we Indeed, if this legislation is not en- improved rather than just maintained not increase taxes on these businesses acted, rather than having up to $68,000 the dependent care credit. The most from 33 and 35 percent up to 36 and 39.6 taxed at a 15-percent rate, couples significant of these changes would be percent. According to the National As- would face a 28-percent rate on family to increase the thresholds so that up to sociation of Manufacturers, over 70 per- incomes over $58,200. For families $5,000 per child or $10,000 for two or cent of U.S. manufacturers file as S where both the husband and wife are more children would be creditable. The Corporations or other pass-through en- working, at a 28-percent rate rather legislation would also amend the flexi- tities and NAM reports that most than a 15-percent rate, that second in- ble spending account rules for depend- would be significantly and adversely come starts to face diminishing returns ent care to increase the amount of pre- impacted by increasing tax rates to 39.6 all too quickly—especially if the sec- tax income that can be set aside for de- percent. Moreover, this legislation will ond income involves placing children pendent care so that it is $7,500 for one reduce tax rates on capital gains and in expensive day care. dependent and $10,000 for two or more. dividends that will boost capital in- And speaking of children and Another major component of the leg- vestment and economic growth. daycare, there are two more significant islation before us is relief from the al- According to the Small Business Ad- provisions in this bill that are being ternative minimum tax—or AMT. In ministration, small businesses employ extended—the child tax credit and the fact, the AMT relief in this legislation half of all private sector employees, dependent care tax credit. In 2008, the makes up roughly one quarter of all and generated 65 percent of net new most recent year for which data is the relief—roughly $137 billion for just jobs over the past 17 years. These flow- available, there were 25,287,874 children the 2-year ‘‘patch’’—that effectively through small businesses employ 20 claimed for child tax credits. As the holds harmless taxpayers from the un- million Americans and it is these busi- primary sponsor of the child credit in intended consequences of this alter- ness owners who must reinvest the 2001, I am particularly proud of the fact native tax system. This is not taking profits of their businesses to continue that American families received an into account the additional relief that serving as the economic engines of this economic boost of $1,000 for 25 million holds harmless taxpayers who would Nation. The reinvested profits from a children. The child tax credit benefits otherwise have their child credits re- business are the lifeblood of these en- working parents and their dependent duced as a result of the AMT. trepreneurs and, at a time when access children and it is essential to note that The onerous AMT is tax policy run to capital from lending institutions is the Maine Children’s Alliance of my amok—and I can find no policymakers still difficult, current earnings must be home State reports that, in Maine, 21.8 who defend the manner in which it available to business owners rather percent of young children are poor and would be imposed on at least an addi- than sending those funds to Wash- 16.5 percent of all children are poor. tional 21 million taxpayers. AMT is es- ington. Indeed, in the National Small Currently, these families are eligible sentially a flat tax at 26 and 28 percent Business Association’s 2009 Year-End for a refundable credit—15 percent of tax rates for couples with combined in- Economic Report, 38 percent of re- earned income capped at a maximum of comes as low as $45,000 per year. Per- spondents to their survey noted Fed- $1,000 per child—once they have earned haps this is the understatement of the eral taxes as one of the most signifi- at least $3,000. year, but these are not the super cant challenges to the future growth The legislation we are debating will wealthy who were the intended targets and survival of their businesses—a cat- maintain the threshold—set in 2009—at of this tax. When the 112th Congress egory trumped only by the ongoing $3,000 rather than allowing it to triple addresses the question of fundamental economic uncertainty pervading our to roughly $13,000, which would nation- tax reform, this reckless component of Nation. Small business owners across ally result in millions of low-income tax policy must be our top single pri- America can better deploy this capital working parents being excluded from ority to be repealed and rationalized so than can policymakers in Washington. receiving the refundable portion of the that the tax rate is the tax rate, and Although I believe that this package tax credit altogether, or having their we cease to have a parallel tax system will demonstrably enhance GDP benefit significantly reduced. that is simply out of control. growth and critically lower unemploy- In Maine, for example, the Maine As the former chair and now ranking ment, regrettably this package also un- Children’s Alliance reports that 34,651 member of the Senate Small Business necessarily adds to our Federal debt by children who were members of 21,346 Committee and a senior member of the retaining energy tax policies that are families in Maine benefitted from this Senate Finance Committee, the issue quite simply an ineffective use of tax- expansion in 2009. This $3,000 threshold of how individual tax rates affect small payers’ money. Specifically, instead of is an extraordinary one, which was not business is of profound concern to me. considering the effectiveness of indi- and is not envisioned to be permanent. Whether it is on Main Street tours or vidual energy tax policies scheduled to Senator LINCOLN and I have supported from other constituent contacts with expire this year, the Tax Relief, Unem- bringing the $13,000 threshold down to a businesses large and small, the uncer- ployment Insurance Reauthorization, more sustainable $8,500 level and then tainty of the Tax Code is the primary and Job Creation Act of 2010 simply ex- indexing that for inflation. In the next issue on the minds of business owners tends all policies that had Congress ex- Congress, when we address tax reform and managers. At that December 2 tended previously. By that standard and enter into a full negotiation about hearing on tax reform in the Finance the legislation conveniently continues income tax burdens, I will be atten- Committee, we were presented data re- subsidies at their current levels for tively working to ensure that tax poli- garding the growth in the number of ethanol, biodiesel, refined coal, natural cies for working families with children ‘‘flow through’’ businesses—those busi- gas and oil production—all at a cost of are progressive and mindful of these nesses that pay tax at the individual more than $11 billion in lost revenue families’ needs. tax rates rather than at the corporate for the Federal Government at a time The dependent care tax credit is also rate. Since the Tax Reform Act of 1986, of record deficits. extended in this legislation. This year, but particularly since 2001, the growth These tax policies were enacted years the provision allows a taxpayer a 35- in this form of ownership has been ex- ago, are extremely costly to U.S. tax- percent credit, rather than just 30 per- panding. Further, we learned that S payers, and the merits of their exten- cent, of child care expenses for children Corporations have supplanted C Cor- sion have not been demonstrated to the under 13 and disabled dependents. The porations as the preferred form of busi- Senate Finance Committee. In fact, ac- 2001 tax bill increased the amount of el- ness other than sole proprietorships. cording to a July 2010 study by the igible expenses from $2,400 to $3,000 for The Joint Committee on Taxation Congressional Budget Office, the eth- one child and from $4,800 to $6,000 for has reported that 50 percent of all in- anol tax credits cost taxpayers $1.78 for two or more children. come in the top two individual income each gallon of gasoline consumption

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This proposal will substan- and will unfortunately cost taxpayers recent Finance Committee tax reform tially increase that debt which I be- nearly $5 billion. hearing that the instruction book for lieve will continue to undermine the In addition, the legislation extends the primary individual income tax confidence people have in this coun- the 1603 grant program for qualified reform has grown from 52 pages for 1980 try’s future. newable energy projects. While I sup- to 174 pages for 2009. The income tax The estimate that this agreement port renewable energy, this program is regulations have doubled, from less will increase the debt by over $1 tril- far from standard tax policy and was than 7,500 pages in 1980 to nearly 15,000 lion is far short of what will actually developed to be timely, targeted and pages today. Between 1980 and 2008, tax happen. The tax cut extensions are for temporary in the American Recovery returns filled out using paid preparers 2 years and I am certain that in 2 and Reinvestment Act as a direct re- have increased from 38 percent of re- years, in the middle of an election sult of the paralysis of the tax equity turns to 58 percent of returns. When campaign, the tax cuts will be further markets in 2009. Unfortunately, the Fi- software users are added in, about 85 extended. The total cost of those tax nance Committee has not reviewed the percent of individual income tax re- cuts for a decade will be to add $4 tril- effectiveness of this policy and, as a returns rely on some form of assistance, lion to the Federal debt. Again, I think sult, I am not supportive of providing either software used by the taxpayer or that will undermine any confidence the an additional $2.9 billion without gov- a practitioner. American people or, for that matter, ernment analysis demonstrating that That, my colleagues, is what awaits others in the world will have about our this program’s extension is an effective us in the 112th Congress. I urge you to ability to rein in a fiscal policy that use of taxpayers’ money. pass this legislation now so that we has us borrowing 40 percent of every- Again, the decision to include these can focus on the big picture in the new thing we spend in the Federal Govern- costly energy provisions was made year and the new Congress. Indeed, this ment. without Finance Committee hearings, legislation will provide the much need- The second serious problem that we mark-ups, discussions, or analysis. En- ed building blocks for our future ef- face is the slow rate of economic ergy markets are dynamic and tech- forts. growth that is unlikely to create jobs nology develops rapidly—Congress The legislation we will pass today at a pace that we need. I understand must demonstrate our capacity to end gives us a brief but realistic window to that in order to address this problem obsolete energy tax policies, and de- address the multitude of flaws in the we would want to have a further eco- velop effective policies that will im- current Tax Code, and I have stated nomic stimulus to extend the growth of prove America’s energy security. that my guiding principles for reform the economy. However, this economy It is regrettable that the Middle are as follows— has been about as stimulated as any Class Tax Relief Act includes these First, we should establish a economy in history. Adding more stim- costly and misguided policies and hope progrowth Tax Code with the fewest ulus through borrowing seems to me is that next year Chairman BAUCUS and number of economic distortions that not the way to promote confidence or Ranking Member HATCH hold Finance raises sufficient revenue to finance our economic growth. hearings to assess the best use of tax Nation’s spending priorities. Earlier in the week I voted for clo- Second, our Tax Code should be sim- policy to reduce energy prices in a fis- ture because I did not want to block a plified to reduce the burden of compli- cally responsible manner. compromise on these matters. How- ance. Finally, I have been an ardent sup- ever, the specific compromise which we porter of extended unemployment ben- Third, we must end the fiscal ‘‘shell game’’ where we extend tax cuts for voted on yesterday I believe falls short efits during this economic calamity. At of what the country needs, especially a time when the official national un- only a year or two at a time or make them temporary to mask their true in dealing with what I believe is the employment rate is 9.8 percent and 7.4 controlling issue of a crushing Federal percent in Maine, and many industries long-term costs. Fourth, the Tax Code should promote debt and therefore an erosion of con- and States clearly are experiencing savings and investment, the drivers of fidence in our economy. rates that are alarmingly higher, it is long-term growth. The fact that this agreement was imperative that we provide a safety net Fifth, the Tax Code must not be a flawed was not the President’s fault. for these individuals. Rather than the barrier to American business competi- Rather, it was due to the position of halting, short term and month to tiveness in the global economy. We the Republicans insisting on the exten- month extensions that we have man- have the second highest corporate tax sion of tax cuts for the wealthiest aged this year, the legislation before us burden in the industrialized world Americans. Without that concession, would provide extended unemployment today. the Republicans made it clear they benefits through 2011—recognizing that Finally, our Tax Code must remain were going to block any compromise. these unemployment numbers are not progressive and distribute the tax bur- If our country is going to remain a expected to rebound as quickly as any den fairly. world economic power we need to make of us would hope. With that, I urge my colleagues to good decisions and courageous deci- I support this legislation to extend extend existing tax relief—and plan to sions to fix the things we know are current tax relief for two additional move expeditiously to enact a sustain- wrong. In order to do that, the Presi- years. But it is critical to understand able tax system very soon. dent is going to need help. It requires that this is merely a short term patch Mr. DORGAN. Mr. President, yester- more willingness to compromise on the and that our Tax Code is woefully out- day the Senate voted on the tax bill part of the Republicans than they have dated, mercilessly complicated, and compromise that was fashioned by the shown recently. wildly out of control. While the exten- President and Republican leaders in Mr. CORNYN. Mr. President, this sion of these tax rates is a step in the the Congress. week, the U.S. Senate took an impor- right direction, let us not forget that it I voted against the compromise. tant vote to prevent the largest tax in- is only a first step in a long journey to I recognize that the Republicans in crease in American history—and help overhaul our broken Tax Code as our Congress put the President in the posi- get America’s job creators off the side- corporate tax rate is the highest in the tion of having to agree to things in the lines. world—Japan is reforming their tax compromise that he strongly objected I voted for this bill for one simple system—and the Tax Code is so hor- to. And I also realize that compromise reason: raising taxes during a recession ribly complex that, according to the is essential to move forward and to try on anyone is not a good idea. August 2010 report from the President’s to fix what is wrong with our economy. This bill prevents tax increases on Economic Recovery Advisory Board, But here is the dilemma. We have every American who pays income that taxpayers spend 7.6 billion hours two very serious problems that can un- taxes, because it keeps the lowest

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This job is not easy and most and reduces the ‘‘death tax’’ by 20 per- Now I also agree that preventing a of the time the good work done by FBI cent from what it would have been on massive tax increase is not the only employees does not make headlines, January 1. thing we must do to get our national but they remain committed to their Some of my fellow conservatives debt under control. We must cut gov- mission of fighting to protect 300 mil- have reservations about this bill, and I ernment spending—and that means lion Americans nonetheless. share them. This bill certainly falls far killing the $1.3 trillion omnibus spend- A tremendous amount of detective short of what I think we would see if ing bill the majority introduced yester- work was carried out by the FBI and Republicans controlled both Chambers day. We must study the proposals of their Federal, State and local law en- of Congress and the White House. I the President’s Debt Commission—and forcement and homeland security part- think we would see a permanent exten- take action to prevent the looming fis- ners to prevent this attack and save sion of all the 2001 and 2003 tax relief; cal catastrophe that they described. We lives. The takedown went exactly as a much lower estate tax; and zero new must address head-on the need for re- planned, and that can be attributed to spending or tax breaks for special inform in our entitlement programs like professionalism and diligence displayed terests. Social Security and Medicare—and put by the many agencies involved. Lead- But given that President Obama will them on a sustainable path. And we ing the charge was the Joint Terrorism hold the veto pen for at least 2 more must pass a balanced budget amend- Task Force, which was integral in co- years—and given all the class-warfare ment to the U.S. Constitution. ordinating a multiagency team that in- rhetoric that the President and the We can begin addressing all of these vestigated the threat thoroughly and majority have indulged in over the last tough decisions in just a few weeks— ensured the safety of Marylanders. In few years—I consider an extension of once the new Congress elected by the addition, I want to praise the critical tax relief for every American taxpayer American people is sworn in. Today, contributions to the investigation by to be a remarkable legislative achieve- our urgent decision is whether we want the Baltimore City Police Department, ment for Republicans. One pundit taxes to go up on January 1, or rather Baltimore County Police Department, summed up the agreement this way: ‘‘If extend the tax relief and remove a huge Maryland State Police, Naval Criminal someone had told me, the day after element of uncertainty among our job Investigative Service, Army Recruiting Election Day 2008, that tax rates on in- creators. Command, Air Force Recruitment come and capital would not increase I believe the choice is clear, and so do Command, Air Force Office of Special for the next four years, I would have the American people. 69 percent of the Investigations, Army 902d Military In- laughed at them. Now it’s about to American people support this legisla- telligence Group, Defense Criminal In- come true, and Presidents Obama and tion, according to a poll released yes- vestigative Services (DCIS) and other Clinton are helping make it happen.’’ terday by the Washington Post and The only thing I would add to that DOD components, U.S. Marshals Serv- ABC News. statement is that several of my col- ice, and Immigration and Customs En- As usual, the American people have leagues deserve credit for making this forcement. got it right. agreement happen—especially Senator As chairwoman of the Appropriations Subcommittee on Commerce, Justice, MCCONNELL, Senator KYL, and Senator f and Science, I know firsthand the im- GRASSLEY. RECOGNIZING THE FBI portance of the national security re- Some of my colleagues on the other Ms. MIKULSKI. Mr. President, I rise side of the aisle have also raised objec- sponsibilities shouldered by the FBI as to congratulate the men and women of tions to this legislation—and I would they protect us from both homegrown the FBI’s Baltimore field office who like to respond to just one of those ob- and international terrorism. In a time have prevented yet another cata- jections: the claim that it is hypo- when many Americans eye the Federal strophic terrorist attack on our Na- critical to say you are concerned about institutions with wariness and dis- tion. Similar to the plot to bomb the the deficit but then vote to keep taxes approval, the FBI continues getting tree lighting ceremony in Portland, low on American families and small the job done and restoring confidence OR, over the recent Thanksgiving holi- businesses. in our government’s ability to keep us Let me set the record straight on day weekend, the outstanding work of safe. Again, I congratulate the FBI’s what actually happened to the deficit the men and women of the FBI’s Balti- brave men and women for their tireless once the tax relief Congress originally more field office was successful in infil- efforts in protecting our communities, passed in 2001 and 2003 began to kick in trating and thwarting the planned and say to them, ‘‘Keep up the fight!’’ bombing of a military recruitment cen- to our economy. As our colleagues re- f mind us constantly, deficits did go up ter in Catonsville, MD. This deplorable ARGENTINA DEBT DEFAULT during the first years of the Bush ad- scheme was meant to harm the young ministration—in part due to the col- men and women who sacrifice so much Mr. WICKER. Mr. President, I rise lapse of the dot-com bubble, the reces- for our country by serving in the today to discuss the debt default of the sion, and 9/11. In fact, by fiscal year Armed Forces. That is why I am grate- Republic of Argentina. Since it de- 2004, the deficit was up to $413 billion, ful for the FBI’s months of careful, faulted on its debt 9 years ago, the na- or 3.5 percent of GDP. covert and skillful investigations and tion has ignored the judgments of But then, just as the 2001 and 2003 tax operations to disrupt this plot, put the American courts even though Argen- relief started to kick in, a strange terrorist behind bars, and keep Mary- tina committed to honor such judg- thing happened to the deficit: It went landers safe. ments when the debt was originally down to $318 billion in fiscal year 2005, This is the second time in as many issued. then down again to $248 billion in fiscal weeks that the FBI has stopped a ter- In 2001, Argentina defaulted on over year 2006, and then down to $161 billion rorist plot to harm Americans here at $81 billion in sovereign debt, the larg- in fiscal year 2007. By then our deficit home, reminding us they are on the job est default in modern history. Amer- was only 1.2 percent of GDP. 24 hours a day 7 days a week keeping ican creditors were heavily exposed to Now why did the deficit go down in the United States safe. Whether they the losses that resulted from that de- those years? One big reason is that tax are catching sexual predators who ex- fault and Argentina’s debt restruc- relief helped grow the economy; got ploit children on the Internet, tar- turing. Despite paying off certain about 8 million more people on the geting scammers who prey on hard- creditors in full, Argentina still owes payroll between 2003 and 2007; and working, middle-class families with U.S. bondholders over $3 billion while therefore generated more tax revenue. mortgage fraud schemes, stopping holding nearly $54 billion in reserves.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10405 Bondholders have won over 100 U.S. ways emphasize character, integrity, HONORING OUR ARMED FORCES Federal court judgments against Ar- mental and emotional health, and high SPECIALIST MATTHEW W. RAMSEY gentina. Additionally, Argentina has morals. Mr. BENNET. M. President, it is with not paid claims brought by U.S. compa- f a heavy heart that I honor the life and nies and other bondholders in inter- OMNIBUS APPROPRIATIONS heroic service of SPC Matthew W. national forums, which have collec- Ramsey. Specialist Ramsey, assigned tively issued over $900 million in judg- Mrs. MURRAY. Mr. President, I wish to the 101st Airborne Division, based in ments against Argentina. to join in a colloquy with my ranking Fort Campbell, KY, died on November I have been approached on this mat- member, Senator BOND, to correct cler- 29, 2010, of injuries sustained when his ter by my constituents in Mississippi ical errors to project and attribution unit faced small arms fire. Specialist who are concerned about the out- tables in the transportation, housing, Ramsey was serving in support of Oper- standing court judgments. The issue of and urban development title to the ation Enduring Freedom in Nangarhar Argentina’s default also reaches be- Omnibus Appropriations Act for Fiscal Province, Afghanistan. He was 20 years yond my state’s borders to every U.S. Year 2011. old. taxpayer because some of these losses Senator CASEY should be added for A native of Quartz Hill, CA, Spe- are qualified tax deductions. attribution to the Economic Develop- cialist Ramsey graduated from Quartz In light of my concerns, I am consid- ment Initiative project for the city of Hill High School in 2008 and enlisted in ering introducing legislation next year Wilkes-Barre, PA. the Army. He served two tours of duty to address this issue. This is a step I The project under the Bus and Bus in Afghanistan, both with decoration. hope I do not have to make, but I be- Facilities Account for Longview Tran- Among many other awards, Specialist lieve previous obligations should be sit Vehicle Replacements, Clark Coun- Ramsey earned the National Defense honored. ty, WA, should read Longview Transit Service Medal, the Global War on Ter- f Vehicle Replacements, Cowlitz County, rorism Medal, and the NATO Medal. WA. During over 2 years of service, Spe- PORTEOUS IMPEACHMENT The project under Surface Transpor- cialist Ramsey distinguished himself Mr. SESSIONS. Mr. President, I tation Improvements Bench Boulevard through his courage, dedication to would like to address two matters con- Improvements, Helena, MT, should duty, and unremitting commitment to cerning the impeachment of Judge read Bench Boulevard Improvements, family. Shortly after enlistment, Spe- Porteous. As a former Federal pros- Billings, MT, where the project con- cialist Ramsey learned from his wife ecutor and State attorney general, I struction will be taking place. that he was to become a father. He saw have reviewed and drafted a number of The project under Surface Transpor- the Army as a path to attaining a indictments. I do not believe that evi- tation Improvements for the Maritime bright future for his new family. His dence of acts committed before con- Fire and Safety Administration, WA, wife, Mirella, is expecting a second firmation should be withheld from con- should read Maritime Fire and Safety child in early 2011. sideration in the impeachment process Association, WA. Specialist Ramsey worked on the or that it is inappropriate to aggregate Senator BOXER should not be listed front lines of battle, serving in the claims together. for attribution to the Marin-Sonoma most dangerous areas of Afghanistan. The Constitution does not require Narrows, CA, project under the Surface He is remembered by those who knew that all conduct be committed post Transportation Investments account, him as a consummate professional with Federal appointment nor does it stipu- and she should be listed for attribution an unending commitment to excel- late at all when the conduct must for the Sonoma-Marin Area Rail Tran- lence. His family remembers him as a occur. Whether treason or bribery oc- sit, SMART, CA project under the Fed- dedicated son, husband, and father. curs before or after confirmation is not eral Transit Administration Capital In- Mark Twain once said, ‘‘The fear of the question, but whether or not it oc- vestment Grant account. death follows from the fear of life. A curred. If this were not so, individuals The project under the Surface Trans- man who lives fully is prepared to die like Judge Porteous, who are very ca- portation Improvement Account listed at any time.’’ Specialist Ramsey’s pable of practicing the art of deception as SR 522 Corridor Improvements service was in keeping with this senti- and are confirmed, could not be re- should read SR 522 Corridor Signal Im- ment by selflessly putting country moved from office. provements, 61st and 181st Street, WA. first, he lived life to the fullest. He I believe that all four counts against Additionally, Senator FRANKEN lived with a sense of the highest honor- Judge Porteous were well drafted. The should be added as a requester of the able purpose. Senate has previously stated that ‘‘the Economic Development Initiative At substantial personal risk, he House has substantial discretion in de- project for the Lutheran Social Serv- braved the chaos of combat zones termining how to aggregate related al- ices of Minnesota, MN, Renovation of throughout Afghanistan. And though leged acts of misconduct in framing Ar- Homes for the Disabled. his fate on the battlefield was uncer- ticles of Impeachment and has histori- Mr. BOND. My colleague and chair, tain, he pushed forward, protecting cally frequently chosen to aggregate Senator MURRAY, is correct. In addi- America’s citizens, her safety, and the multiple factual allegations in a single tion to the projects she mentioned, the freedoms we hold dear. For his service impeachment article . . . Judge project description under the Economic and the lives he touched, Specialist Porteous engaged in a number of elabo- Development Initiative Account for Ramsey will forever be remembered as rate schemes. Having prosecuted fraud, the City of Brewer, ME, should read one of our country’s bravest. conspiracy, and racketeering cases, I ‘‘For the development of a riverfront To Wayne and Melissa, Specialist understand that the facts in these trail system as part of the Penobscot Ramsey’s parents, Mirella, his wife, types of cases can be extensive and can Landing redevelopment initiative.’’ Zachary, his son, and his entire family build up over a period of years. What Further, under the technical correc- I cannot imagine the sorrow you must we should look at is whether the events tions table, Senators CHAMBLISS and be feeling. I hope that, in time, the are sufficiently related so as not to ISAKSON should not be listed for attri- pain of your loss will be eased by your produce prejudice. Each of these counts bution for the Newton County Eastside pride in Matthew’s service and by your told a complete story of wrongdoing High School to County Library Trail, knowledge that his country will never that was coherent and was held to- GA. forget him. We are humbled by his gether logically. Mrs. MURRAY. I have confirmed service and his sacrifice. Finally, let me say that Judge with my staff that these projects have SERGEANT FIRST CLASS JAMES E. THODE Porteous’s behavior should serve as a been properly disclosed and have been Mr. President, it is with a heavy reminder to the President of the crit- certified to be free of any pecuniary in- heart that I honor the life and heroic ical importance of vetting his nomi- terest. service of SFC James E. Thode. Ser- nees and as a reminder to this body Mr. BOND. My colleague and chair, geant Thode, assigned to the 118th En- that a thorough confirmation process Senator MURRAY, is correct, and I con- gineer Company, 1457th Engineer Bat- is imperative. The process should al- cur with these changes. talion, Army National Guard, died on

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10406 CONGRESSIONAL RECORD — SENATE December 16, 2010 December 2, 2010, from injuries he sus- worked with, and enjoyed Stephen dur- him over the years. And I take this op- tained when an improvised explosive ing his life. portunity to thank Stephen for his device detonated near his patrol. He Stephen and I were both elected to many years of service to this country was serving in support of Operation En- the House of Representatives for the and his tireless efforts to create a more during Freedom in Khost Province, Af- first time in 1974, members of a historic just and peaceful world. ghanistan. He was 45 years old. class of 75 Democratic freshmen who f A native of Kirtland, NM, Sergeant came to Washington in the wake of the Thode graduated from Catalina High Watergate scandal. Stephen remained a REMEMBERING RICHARD School, in Tucson, AZ, and the Univer- stalwart of the House, serving the peo- HOLBROOKE sity of Arizona. Sergeant Thode served ple of his Brooklyn-based congressional Mr. FEINGOLD. Mr. President, it is as an officer in the Farmington, New district with distinction for nearly two with great sadness that I pay tribute to Mexico, police department for 14 years. decades. the memory of my friend Richard He was a senior member of the SWAT Throughout his tenure in Congress, Holbrooke, who passed away earlier team and also served in the Army Na- Stephen was always attentive to the this week. Richard was a masterful dip- tional Guard, deploying for tours in needs of his constituents, even going so lomat who brought his extraordinary Iraq and Afghanistan. far as to nickname himself ‘‘Represent- skills to bear on some of the thorniest During his years of service, Sergeant ative Pothole’’ for his work on local issues in U.S. foreign policy. Every Thode distinguished himself through issues. But in spite of this, Stephen’s step of the way, from his tremendous his courage, dedication to duty, and tenure was perhaps most clearly de- accomplishments at the Dayton Ac- willingness to take on any job. Fellow fined by his work on foreign policy cords to his work as U.S. Special soldiers respected his intensity, and issues. As a member of the House For- Envoy for Afghanistan and Pakistan, they relied heavily on his leadership. eign Affairs Committee throughout his he showed his deep commitment to our Sergeant Thode was awarded numerous nine terms, Stephen demonstrated a country, and to serving the greater medals and awards, including the strong and abiding passion for world af- good the world over. Bronze Star, the Purple Heart, the fairs. Indeed, during his first month in I came to know Richard when we Army Commendation Medal, two Army office, Stephen went on an 18-day con- travelled to Africa together in 1999, Achievement Medals, and the Army gressional delegation trip to the Mid- when he was serving as U.S. Ambas- Good Conduct Medal. dle East, meeting with the leaders of sador to the United Nations. He had Sergeant Thode worked on the front Israel, Syria, Jordan, and Egypt. never been to Africa before, and yet on lines of battle, serving in the most dan- Beginning in 1979, Stephen took on the trip he was able to thoroughly gerous areas of Afghanistan. He is re- some important leadership positions grasp the complex issues facing the membered by those who knew him as a within the committee, serving first as continent immediately. His brilliance consummate professional with an chairman of the Subcommittee on Afri- was apparent, and it enabled him to unending commitment to excellence. can Affairs, and subsequently as chair- identify emerging issues quickly and Friends at the Farmington Police De- man of the Subcommittee on Asian and push for critical action. On that trip partment note that he was beloved by Pacific Affairs. During that time, Ste- our purpose was to focus on the crisis his colleagues. They remember Ser- phen was absolutely committed to en- in the Democratic Republic of Congo, geant Thode as an effective manager suring that human rights and respect but we also saw the incredible devasta- who led by example. for the rule of law remained key pillars tion of the HIV/AIDS crisis firsthand. Mark Twain once said, ‘‘The fear of of U.S. policy in those regions. Richard called then-U.N. Secretary- death follows from the fear of life. A He was an uncompromising supporter General Kofi Annan and told him that man who lives fully is prepared to die of sanctions against the apartheid re- the Security Council needed to address at any time.’’ Sergeant Thode’s service gime in South Africa; one of Congress’s AIDS directly. When the Secretary- was in keeping with this sentiment—by most vocal and persistent critics of the General responded that the Security selflessly putting country first, he authoritarian government led by Ferdi- Council only addressed security issues, lived life to the fullest. He lived with a nand Marcos in the Philippines; and a Richard replied that this was, indeed, a sense of the highest honorable purpose. tireless advocate of peace in Cambodia. security issue. He was right, and the Sergeant Thode braved the chaos of Stephen was also a strong proponent of Security Council’s subsequent discus- combat zone throughout Iraq and Af- diplomacy and engagement, becoming sion was a turning point as the world ghanistan. And though his fate on the the first United States Congressman to community began to understand the battlefield was uncertain, he pushed visit North Korea in nearly three dec- depth and severity of the crisis on the forward, protecting America’s citizens, ades in 1980. And perhaps just as sig- African continent. her safety, and the freedoms we hold nificantly, Stephen was a committed In the years since, Richard always dear. For his service and the lives he defender of the House of Representa- made time to discuss foreign policy touched, Sergeant Thode will forever tives who worked extremely hard to issues with me, and he always truly lis- be remembered as one of our country’s carve out a more prominent place for tened and wanted to understand my bravest. that body in foreign policy discussions. point of view, even when we disagreed. To Sergeant Thode’s entire family—I As a member of the Senate Foreign This was especially true of his work on cannot imagine the sorrow you must be Relations Committee myself, I had the Afghanistan and Pakistan. We didn’t feeling. I hope that, in time, the pain of opportunity to work with Stephen on a always see eye to eye about U.S. policy your loss will be eased by your pride in number of occasions. And I must say in the region, but he always reached James’s service and by your knowledge that I was consistently impressed by out to me and solicited my views, and that his country will never forget him. Stephen’s tenacity, intelligence, and I was so appreciative of that. Those ef- We are humbled by his service and his commitment to justice and democracy. forts on his part said volumes about sacrifice. In nearly everything he did as a Mem- him and his thoughtful approach to the f ber of Congress, Stephen was always complex issues he worked on with such well-prepared, knew the issues inside commitment and such skill. REMEMBERING CONGRESSMAN and out, and was not afraid to chal- We had breakfast the morning after STEPHEN SOLARZ lenge those with whom he disagreed. one of his last trips. I could see the toll Mr. DODD. Mr. President, I rise That is the Stephen Solarz that my his work was taking on him, but he was today to pay tribute to a good friend colleagues and I got to know over the terrific to be with as usual. He was and former colleague of mine, former years, and that is, in my view, the kind completely engaging and interested in Congressman Stephen Solarz, who of Congressman Stephen will most be my perspective, yet still managed to passed away late last month at the age remembered as. work the whole room, multitasking as of 70. I would like to take this moment Once again, I would like to express always. to convey my heartfelt condolences to my sincere condolences to Stephen’s Richard Holbrooke was an extraor- Stephen’s wife, Nina, the rest of his family and all those individuals who, dinary man of many talents who spent family, and everyone else who knew, like me, had the privilege of knowing his life building a better, more just

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10407 world for us all. His many accomplish- men and women of the building trades consumers of entitlements and a lesser ments will live on as a testament to his who make it all possible. The MBCTC source of taxes. profound commitment to our nation remains true to its founding principles Solution(s): Recognize that longevity is and to a life of public service. But for to represent its members in the build- really an advantage, and make better use of people’s lengthening ability to work and to me, I will simply miss him as a friend. ing and construction trades for justice contribute. In short, this means gradually f on the job, better wages and never sac- raising the age of entitlement eligibility. We rificing quality for its customers. For a THANKING STAFF must also end the regressive and irrational century, their true commitment to Social Security tax exemption for earnings Mr. DODD. Mr. President, I rise members and their families as well as above $108,000. today to say thank you to the wonder- to our Milwaukee community has Long term problem: Our K–12 school sys- ful staff of the Senate Foreign Rela- stood on solid foundation. tem has deteriorated while foreign students tions Committee. Earlier this week I have surged ahead in critical subjects like On behalf of our State and Nation, I math, science, and language skills. The un- had the privilege of chairing my final join this centennial celebration in rec- derlying cause is debated endlessly, but I be- hearing in that committee, and I want ognition of the Milwaukee Building lieve we have replaced the hard work of to take a moment to extend my thanks and Construction Trades Council. Let learning with trendy feel-good initiatives and gratitude to those who have made us honor their hard work and long his- that represent the path of least resistance this committee run so smoothly and tory of building up Milwaukee into a for both educators and students. We also professionally over the years. great place to visit, work, live and underfund education, thereby encouraging Bertie Bowman’s tenure here dates raise a family.∑ the employment of second-rate teachers, back to Senator Fulbright, and his ex- curricula, and facilities. This exacerbates f the deficit by degrading our tax base as traordinary career, as the longest serv- emerging generations of Americans are pre- ing African American on Capitol Hill, ADDRESSING THE NATIONAL DEBT pared for only menial jobs paying low wages. speaks volumes about his character ∑ Mr. SANDERS. Mr. President, today Solution(s): Stop experimenting and do and commitment. It has been a true I wish to introduce to you one of my what works—get back to basics and pay for pleasure seeing Bertie at every hearing constituents, Lawrence ‘‘Rip’’ Kirby of excellence. Reward teachers who cultivate and it is largely thanks to his efforts, competence. Emphasize math, science, and Rutland, VT, who has written to me language skills, as well as less tangible, but that our hearings run so smoothly. outlining his ideas on how Congress Meg Murphy, the committee’s pro- important skills like inquiry and logic. Rec- can and should address our $13.8 tril- ognize sports programs as a way to teach tocol and foreign travel coordinator, lion national debt in a fair and sensible critical social skills, not as a career path. has done a truly wonderful job ensur- way. I am pleased the citizens of Treat standardized testing as a means to ex- ing that our travel, business meetings, Vermont are engaged on this issue, cellence, not as an end in itself. And finally, and committee coffees always went off which is of critical importance to not forget self esteem—it will come on its own without a hitch. Her phenomenal at- only our State, but indeed the Nation. when it is earned.’’ tention to detail and thoroughness, in Lawrence ‘‘Rip’’ Kirby The decisions that we make on the Rutland, Vt. addition to her dedication and good Senate floor today will impact genera- Thank you, Mr. President, for allow- humor has made her an invaluable tions of Americans to come. That is ing me to share with you these words asset to the committee. why I would like to share with you of wisdom from an average Vermonter. I would also like to recognize what Mr. Kirby wrote: Samantha Hamilton, Susan Oursler, as I hope my colleagues in the Senate To reduce the deficit and accumulated debt take note of Mr. Kirby’s sage advice.∑ well as Gail Coppage for their hard we must understand their root causes and work and dedication. history: f Last, I would like to thank Frank Short-term problem: The near-collapse of RECOGNIZING HARBOR FARM Lowenstein, staff director of the com- the economy was arrested by means of def- mittee, whom I have gotten to know icit spending, including corporate bailouts, ∑ Ms. SNOWE. Mr. President, every over the years, including during a trip extended unemployment benefits, and stim- holiday season, Americans head to we took together to the Middle East. I ulus initiatives. While arguably necessary to stores in droves to buy the perfect gift had the privilege of knowing Frank’s stave off an even worse catastrophe, these for their loved ones or friends during measures have added to the deficit and the father, Al Lowenstein, and I can say the holiday season. Many will visit debt. small businesses, such as gift shops and without a doubt how proud he would be Solution(s): Our emphasis should not be on of his son Frank. recovery of sunk costs but on prevention of local retailers, which offer a variety of products. There is one such store in my f future disasters. Break up ‘‘too large to fail’’ businesses through anti-trust laws. Regulate home State of Maine, Harbor Farm, ADDITIONAL STATEMENTS imprudent, secretive, or unfathomable finan- that helps keep the Christmas spirit cial arrangements like derivatives. Increase alive year round through a variety of regulated safety margins like reserve re- products that celebrate the season. MILWAUKEE BUILDING AND quirements for banks and loan limits based Harbor Farm is located on Little CONSTRUCTION TRADES COUNCIL on borrower credit ratings. Eliminate con- Deer Isle, a tiny island located off ∑ Mr. KOHL. Mr. President, today I flicts of interest like permitting bond rating Maine’s coast in Penobscot Bay. The agencies to have a financial stake in the recognize and congratulate the Mil- companies they rate. island is both a picturesque summer waukee Building and Construction Medium-term problem: Our wars overseas vacationland as well as the year-round Trades Council, MBCTC, on the occa- have been funded by massive deficits with no home to 300 residents. And Harbor sion of their 100th anniversary. real strategy for repayment. The unexpected Farm caters to locals and tourists For the past 100 years the MBCTC length and intractability of these conflicts alike with a variety of regional and has literally built Milwaukee. Many of exacerbates the problem. international gifts, from candles to ap- today’s notable Milwaukee landmarks Solution(s): Stop the financial bleeding parel and most everything in between. and buildings like the Petit National and provide a financial transfusion. To stop The store also carries gifts made by an- the bleeding we must get out of these con- Ice Center, the Performing Arts Cen- flicts within a short time (two years at other local small business, the Deer ter, the Bradley Center, County Sta- most). Continue intelligence-gathering and Isle Granite Company, including beau- dium, then Miller Park, Potawatomi maintain air power, but get the boots off the tiful clocks in the shape of the State of Bingo and Casino, the Port Washington ground. To provide a transfusion, enact a Maine as well as cutting boards and and Elm Road Generating Stations and temporary and progressive ‘‘war surtax’’ coasters. most recently the Marquette Inter- with a sunset provision. Additionally, Harbor Farm has a change are owed to the tireless work of Long-term problem: Entitlement spending unique ‘‘Christmas Room,’’ with a members of the MBCTC. (Medicare, Social Security, etc.) has exceed- plethora of thoughtful and creative ed its funding as America’s longevity has Not only has the MBCTC truly had a climbed faster than its typical retirement goods and wares. More than simply hol- hand in shaping the Milwaukee we age without tax increases to keep up. The iday-themed gifts, the Christmas Room know and love today but it has done so mass retirement of the baby boomers will ag- features exceptional items inspired by while tending to its membership, the gravate this problem as they become greater Maine, including blueberry jewelry

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10408 CONGRESSIONAL RECORD — SENATE December 16, 2010 made using blue sponge coral as well as dhists in Rhode Island and across the At 10:32 a.m., a message from the moose and snowman ornaments. Har- Nation. House of Representatives, delivered by bor Farm also offers delightful Christ- His surviving family, the thousands Mr. Novotny, one of its reading clerks, mas wreaths, made from Maine balsam of Rhode Islanders whose weddings and announced that the House has passed and beautifully decorated with tradi- births he officiated, the Cambodian the following bills, in which it requests tional cones, berries, and bows. In that community, and the people of our the concurrence of the Senate: same vein, the store also sells a num- State will remember his teachings of H.R. 5446. An Act to designate the facility ber of centerpieces of cedar, balsam, peace.∑ of the United States Postal Service located and pine, adorned with candles and f at 600 Florida Avenue in Cocoa, Florida, as faux fruits. Harbor Farm readily ships the ‘‘Harry T. and Harriette Moore Post Of- MESSAGES FROM THE HOUSE these special holiday gifts and decora- fice’’. H.R. 5493. An Act to provide for the fur- tions across the country to a growing At 9:33 a.m., a message from the House of Representatives, delivered by nishing of statues by the District of Colum- list of customers each year. bia and territories and possessions of the Another item Harbor Farm special- Mrs. Cole, one of its reading clerks, an- United States for display in Statuary Hall in izes in is remarkable tile. The company nounced that the House has passed the the United States Capitol. offers customers a wide array of beau- following bills, without amendment: H.R. 6205. An Act to designate the facility tiful tile from 17 States and 17 coun- S. 1774. An act for the relief of Hotaru of the United States Postal Service located tries for any room in the home. The de- Nakama Ferschke. at 1449 West Avenue in Bronx, New York, as signs range from delicately painted S. 3199. An act to amend the Public Health the ‘‘Private Isaac T. Cortes Post Office’’. Service Act regarding early detection, diag- H.R. 6494. An Act to amend the National lighthouses and landscapes to flowers nosis, and treatment of hearing loss. Defense Authorization Act for Fiscal Year and farmyards. The staff at Harbor S. 3386. An act to protect consumers for 2010 to improve the Littoral Combat Ship Farm takes the time to assist clients certain aggressive sales tactics on the Inter- program of the Navy. looking to mix tiles for a more elegant net. The message also announced that the and eclectic visual display. S. 4010. An act for the relief of Shigeru Ya- House has passed the following bills, mada. It is evident that the employees of without amendment: Harbor Farm take great pains to offer ENROLLED BILLS SIGNED The message also announced that the S. 30. An Act to amend the Communica- their customers high quality items for tions Act of 1934 to prohibit manipulation of a broad swath of uses in everyday life. Speaker has signed the following en- caller identification information. From its reproductions of early Amer- rolled bills: S. 3036. An Act to establish the National ican furniture to pottery to clothing S. 1275. An act to establish a National Alzheimer’s Project. accessories, Harbor Farm is a quin- Foundation on Physical Fitness and Sports The message further announced that tessential New England gift shop that to carry out activities to support and supple- the House has agreed to the following ment the mission of the President’s Council has something for everyone. I thank on Physical Fitness and Sports. concurrent resolutions, without everyone at Harbor Farm for their S. 1448. An act to amend the Act of August amendment: dedicated efforts to provide shoppers 9, 1955, to authorize the Coquille Indian S. Con. Res. 72. Concurrent resolution rec- with a pleasant experience, and I wish Tribe, the Confederated Tribes of Siletz Indi- ognizing the 45th anniversary of the White them many years of success.∑ ans, the Confederated Tribes of the Coos, House Fellows Program. Lower Umpqua, and Siuslaw, the Klamath S. Con. Res. 77. Concurrent resolution to f Tribes, and the Burns Paiute Tribe to obtain provide for the approval of final regulations REMEMBERING THE VENERABLE 99–year lease authority for trust land. issued by the Office of Compliance to imple- ROS MEY S. 1609. An act to authorize a single fish- ment the Veterans Employment Opportuni- ∑ eries cooperative for the Bering Sea Aleutian ties Act of 1998 that apply to certain legisla- Mr. WHITEHOUSE. Mr. President, Islands longline catcher processor subsector, tive branch employing offices and their cov- today I commemorate the extraor- and for other purposes. ered employees. dinary life of Venerable Ros Mey, the S. 2906. An act to amend the Act of August The message also announced that the head Buddhist monk and president of 9, 1955, to modify a provision relating to House agrees to the amendment of the the Wat Thormikaram Khmer Temple leases involving certain Indian tribes. S. 3794. An act to amend chapter 5 of title Senate to the bill (H.R. 2965) entitled in Providence. Although he passed ‘‘An Act to amend the Small Business away on December 12, 2010, at age 85, 40, United States Code, to include organizations whose membership comprises substan- Act with respect to the Small Business his teachings of peace will live on in tially veterans as recipient organizations for Innovation Research Program and the the vibrant Cambodian community of the donation of Federal surplus personal Small Business Technology Transfer Rhode Island in which he served. property through State agencies. Program, and for other purposes’’, with Venerable Mey was ordained as a S. 3984. An act to amend and extend the an amendment. Buddhist monk in Providence at age 62 Museum and Library Services Act, and for ENROLLED BILL SIGNED and dedicated himself to his faith, his other purposes. At 11:13 a.m., a message from the congregation, and to praying for peace H.R. 1061. An act to transfer certain land to the United States to be held in trust for House of Representatives, delivered by in Cambodia with his fellow wor- the Hoh Indian Tribe, to place land into Mr. Novotny, one of its reading clerks, shipers. trust for the Hoh Indian Tribe, and for other Venerable Mey’s journey to Rhode Is- announced that the Speaker has signed purposes. the following enrolled bill: land was a perilous one. He and his H.R. 6278. An act to amend the National family endured forced labor under the Children’s Island Act of 1995 to expand allow- S. 1405. An act to redesignate the Long- Khmer Rouge regime in Cambodia from able uses for Kingman and Heritage Islands fellow National Historic Site, Massachusetts, by the District of Columbia, and for other as the ‘‘Longfellow House-Washington’s 1975 until their escape to Thailand four Headquarters National Historic Site’’. years later. They made their way to purposes. The enrolled bill was subsequently Rhode Island as part of the first wave The enrolled bills were subsequently signed by the President pro tempore of refugees from Cambodia. Only sev- signed by the President pro tempore (Mr. INOUYE). eral thousand of the 80,000 monks in (Mr. INOUYE). Cambodia survived the Khmer Rouge. At 10:05 a.m., a message from the At 1:14 p.m., a message from the Venerable Mey turned the adversity House of Representatives, delivered by House of Representatives, delivered by he experienced into peaceful teachings Mr. Novotny, one of its reading clerks, Mrs. Cole, one of its reading clerks, an- by dedicating his life to the Cambodian announced that the House has passed nounced that the House has agreed to community in our State. In 1998 he be- the following bill, in which it requests the Senate amendment to the bill (H.R. came head monk and president, suc- the concurrence of the Senate: 4337) to amend the Internal Revenue ceeding the Venerable Maha Code of 1986 to modify certain rules ap- Ghosananda, also a renowned peace ac- H.R. 6517. An act to extend trade adjustment assistance and certain trade preference plicable to regulated investment com- tivist. Venerable Mey was a driving programs, to amend the Harmonized Tariff panies, and for other purposes. force behind a new worship hall at the Schedule of the United States to modify Wat Thormikaram Temple, which is a temporarily certain rates of duty, and for At 4:17 p.m., a message from the spiritual center for Cambodian Bud- other purposes. House of Representatives, delivered by

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10409 Mr. Novotny, one of its reading clerks, S. 3794. An act to amend chapter 5 of title tration, Department of Transportation, announced that the House has passed 40, United States Code, to include organiza- transmitting, pursuant to law, the report of the following bills, without amend- tions whose membership comprises substan- a rule entitled ‘‘Airworthiness Directives; ment: tially veterans as recipient organizations for The Boeing Company Model 737-600, -700, the donations of Federal surplus personal -700C, -800, and -900 Series Airplanes’’ S. 841. An act to direct the Secretary of property through State Agencies. ((RIN2120-AA64) (Docket No. FAA-2007-28348)) Transportation to study and establish a S. 3984. An act to amend and extend the received in the Office of the President of the motor vehicle safety standard that provides Museum and Library Services Act, and for Senate on December 13, 2010; to the Com- for a means of alerting blind and other pe- other purposes. mittee on Commerce, Science, and Transpor- destrians of motor vehicle operation. tation. S. 3447. An act to amend title 38, United f EC–8522. A communication from the Senior States Code, to improve educational assist- EXECUTIVE AND OTHER Program Analyst, Federal Aviation Adminis- ance for veterans who served in the Armed COMMUNICATIONS tration, Department of Transportation, Forces after September 11, 2001, and for other transmitting, pursuant to law, the report of purposes. The following communications were a rule entitled ‘‘Airworthiness Directives; S. 3860. An act to require reports on the laid before the Senate, together with CENTRAIR Models 101, 101A, 101P, and 101AP management of Arlington National Ceme- accompanying papers, reports, and doc- Gliders’’ ((RIN2120-AA64) (Docket No. FAA- tery. uments, and were referred as indicated: 2010-0735)) received in the Office of the Presi- S. 4005. An act to amend title 28, United dent of the Senate on December 13, 2010; to States Code, to prevent the proceeds or in- EC–8515. A communication from the Senior the Committee on Commerce, Science, and strumentalities of foreign crime located in Program Analyst, Federal Aviation Adminis- Transportation. the United States from being shielded from tration, Department of Transportation, EC–8523. A communication from the Senior foreign forfeiture proceedings. transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, The message further announced that Airbus Model A340-500 and A340-600 Series the House agrees to the amendment of transmitting, pursuant to law, the report of Airplanes’’ ((RIN2120-AA64) (Docket No. a rule entitled ‘‘Airworthiness Directives; the Senate to the bill (H.R. 2941) to re- FAA-2010-1110)) received in the Office of the Airbus Model A300 B2-1C, B2K-3C, B2-203, B4- authorize and enhance Johanna’s Law President of the Senate on December 13, 2010; 2C, B4-103, and B4-203 Airplanes; and Model to increase public awareness and to the Committee on Commerce, Science, A300 B4-601, B4-603, B4-620, B4-622, B4-605R, knowledge with respect to gynecologic and Transportation. B4-622R, and F4-605R’’ ((RIN2120-AA64) cancers. EC–8516. A communication from the Senior (Docket No. FAA-2009-1067)) received in the The message also announced that the Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on De- House agrees to the amendment of the tration, Department of Transportation, cember 13, 2010; to the Committee on Com- transmitting, pursuant to law, the report of merce, Science, and Transportation. Senate to the bill (H.R. 6198) to amend a rule entitled ‘‘Airworthiness Directives; EC–8524. A communication from the Senior title 11 of the United States Code to SOCATA Model TBM 700 Airplanes’’ Program Analyst, Federal Aviation Adminis- make technical corrections, and for ((RIN2120-AA64) (Docket No. FAA-2010-0862)) tration, Department of Transportation, other purposes. received in the Office of the President of the transmitting, pursuant to law, the report of ENROLLED BILLS SIGNED Senate on December 13, 2010; to the Com- a rule entitled ‘‘Modification of Class B Air- At 5:53 p.m., a message from the mittee on Commerce, Science, and Transpor- space; Charlotte, NC’’ ((RIN2120-AA66) House of Representatives, delivered by tation. (Docket No. FAA-2010-0049)) received during EC–8517. A communication from the Senior adjournment of the Senate in the Office of Mrs. Cole, one of its reading clerks, an- Program Analyst, Federal Aviation Adminis- the President of the Senate on December 13, nounced that the Speaker has signed tration, Department of Transportation, 2010; to the Committee on Commerce, the following enrolled bills: transmitting, pursuant to law, the report of Science, and Transportation. S. 1774. An act for the relief of Hotaru a rule entitled ‘‘Airworthiness Directives; Si- EC–8525. A communication from the Pro- Nakama Ferschke. korsky Aircraft Corporation (Sikorsky) gram Analyst, National Highway Traffic S. 4010. An act for the relief of Shigeru Ya- Model S-92A Helicopters’’ ((RIN2120-AA64) Safety Administration, Department of mada. (Docket No. FAA-2010-1136)) received in the Transportation, transmitting, pursuant to The enrolled bills were subsequently Office of the President of the Senate on De- law, the report of a rule entitled ‘‘Federal Motor Vehicle Safety Standards; Head Re- signed by the President pro tempore cember 13, 2010; to the Committee on Com- merce, Science, and Transportation. straints’’ (RIN2127-AK39) received in the Of- (Mr. INOUYE). EC–8518. A communication from the Senior fice of the President of the Senate on Decem- f Program Analyst, Federal Aviation Adminis- ber 13, 2010; to the Committee on Commerce, Science, and Transportation. MEASURES READ THE FIRST TIME tration, Department of Transportation, transmitting, pursuant to law, the report of EC–8526. A communication from the Om- The following joint resolution was a rule entitled ‘‘Airworthiness Directives; budsman, Federal Motor Carrier Safety Ad- read the first time: Eurocopter France (ECF) Model SA330F, G, ministration, Department of Transportation, and J; and AS332C, L, L1, and L2 Heli- transmitting, pursuant to law, the report of S.J. Res. 42. Joint resolution to extend the a rule entitled ‘‘Brokers of Household Goods continuing resolution until February 1, 2011. copters’’ ((RIN2120-AA64) (Docket No. FAA- 2010-0670)) received in the Office of the Presi- Transportation by Motor Vehicle’’ (RIN2126- f AA84) received in the Office of the President dent of the Senate on December 13, 2010; to of the Senate on December 13, 2010; to the ENROLLED BILLS PRESENTED the Committee on Commerce, Science, and Committee on Commerce, Science, and Transportation. The Secretary of the Senate reported Transportation. EC–8519. A communication from the Senior that on today, December 16, 2010, she EC–8527. A communication from the Senior Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- had presented to the President of the tration, Department of Transportation, United States the following enrolled tration, Department of Transportation, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of bills: a rule entitled ‘‘Airworthiness Directives; Si- a rule entitled ‘‘Waiver of Acceptable Mis- S. 1275. An act to establish a National korsky Aircraft Corporation (Sikorsky) sion Risk Restriction for Reentry and a Re- Foundation on Physical Fitness and Sports Model S-92A Helicopters’’ ((RIN2120-AA64) entry Vehicle’’ (14 CFR Part 431) received in to carry out activities to support and supple- (Docket No. FAA-2010-1136)) received in the the Office of the President of the Senate on ment the mission of the President’s Council Office of the President of the Senate on De- December 13, 2010; to the Committee on Com- on Physical Fitness and Sports. cember 13, 2010; to the Committee on Com- merce, Science, and Transportation. S. 1448. An act to amend the Act of August merce, Science, and Transportation. EC–8528. A communication from the Senior 9, 1955, to authorize the Coquille Indian EC–8520. A communication from the Senior Program Analyst, Federal Aviation Adminis- Tribe, the Confederated Tribes of Siletz Indi- Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, ans, the Confederated Tribes of the Coos, tration, Department of Transportation, transmitting, pursuant to law, the report of Lower Umpqua, and Siuslaw, the Klamath transmitting, pursuant to law, the report of a rule entitled ‘‘Office of Commercial Space Tribes, and the Burns Paiute Tribe to obtain a rule entitled ‘‘Airworthiness Directives; Transportation; Waiver of Autonomous Re- 99-year lease authority for trust land. Pratt and Whitney PW4000 Series Turbofan entry Restriction for a Reentry Vehicle’’ (14 S. 1609. An act to authorize a single fish- Engines’’ ((RIN2120-AA64) (Docket No. FAA- CFR Part 431) received in the Office of the eries cooperative for the Bering Sea Aleutian 2010-0725)) received in the Office of the Presi- President of the Senate on December 13, 2010; Islands longline catcher processor subsector, dent of the Senate on December 13, 2010; to to the Committee on Commerce, Science, and for other purposes. the Committee on Commerce, Science, and and Transportation. S. 2906. An act to amend the Act of August Transportation. EC–8529. A communication from the Senior 9, 1955, to modify a provision relating to EC–8521. A communication from the Senior Program Analyst, Federal Aviation Adminis- leases involving certain Indian tribes. Program Analyst, Federal Aviation Adminis- tration, Department of Transportation,

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10410 CONGRESSIONAL RECORD — SENATE December 16, 2010 transmitting, pursuant to law, the report of By Mr. BROWN of Ohio (for himself ondary schools on such schools’ ath- a rule entitled ‘‘Revisions to the Civil Pen- and Mr. MERKLEY): letic programs, and for other purposes. alty Inflation Adjustment Tables’’ ((RIN2120– S. 4034. A bill to support United States S. 1415 AJ50)(Docket No. FAA–2009–0237)) received in manufacturing by providing rules and guid- the Office of the President of the Senate on ance, waiver notices, and departmental and At the request of Mr. SCHUMER, the December 13, 2010; to the Committee on Com- agency actions applicable to the domestic name of the Senator from Missouri merce, Science, and Transportation. content standards of Federal grants adminis- (Mrs. MCCASKILL) was added as a co- EC–8530. A communication from the Senior tered by the Department of Transportation, sponsor of S. 1415, a bill to amend the Program Analyst, Federal Aviation Adminis- and for other purposes; to the Committee on Uniformed and Overseas Citizens Ab- tration, Department of Transportation, Commerce, Science, and Transportation. sentee Voting Act to ensure that ab- transmitting, pursuant to law, the report of By Mr. REED (for himself and Ms. sent uniformed services voters and a rule entitled ‘‘Revocation of Restricted STABENOW): Areas R-3807 Glencoe, LA, and R-6320 S. 4035. A bill to amend the Public Health overseas voters are aware of their vot- Matagorda, TX’’ ((RIN2120–AA66)(FAA–2010– Service Act to provide grants for commu- ing rights and have a genuine oppor- 1014)) received in the Office of the President nity-based mental health infrastructure im- tunity to register to vote and have of the Senate on December 13, 2010; to the provement; to the Committee on Health, their absentee ballots cast and count- Committee on Commerce, Science, and Education, Labor, and Pensions. ed, and for other purposes. Transportation. By Mr. DODD: S. 3221 EC–8531. A communication from the Senior S. 4036. A bill to clarify the National Credit Program Analyst, Federal Aviation Adminis- Union Administration authority to make At the request of Mr. PRYOR, his tration, Department of Transportation, stabilization fund expenditures without bor- name was added as a cosponsor of S. transmitting, pursuant to law, the report of rowing from the Treasury; considered and 3221, a bill to amend the Farm Security a rule entitled ‘‘Amendment of Using Agency passed. and Rural Investment Act of 2002 to ex- for Restricted Areas R-4002, R-4005, R-4006 By Mr. SCHUMER (for himself, Mr. tend the suspension of limitation on and R-4007; MD’’ ((RIN2120–AA66)(Docket No. KERRY, Mr. AKAKA, Mr. DURBIN, Mr. the period for which certain borrowers FAA–2010–1070)) received in the Office of the NELSON of Nebraska, Mr. MENENDEZ, are eligible for guaranteed assistance. President of the Senate on December 13, 2010; Ms. KLOBUCHAR, Mr. WHITEHOUSE, S. 3237 to the Committee on Commerce, Science, Mrs. SHAHEEN, and Mr. TESTER): and Transportation. S. 4037. A bill to impose a criminal penalty At the request of Mr. HARKIN, the EC–8532. A communication from the Chief for unauthorized recording or distribution of name of the Senator from Maine (Ms. of Staff, Media Bureau, Federal Communica- images produced using advanced imaging SNOWE) was added as a cosponsor of S. tions Commission, transmitting, pursuant to technology during screenings of individuals 3237, a bill to award a Congressional law, the report of a rule entitled ‘‘Amend- at airports and upon entry to Federal build- Gold Medal to the World War II mem- ment of Section 73.202(b), Table of Allot- ings, and for other purposes; to the Com- bers of the Civil Air Patrol. ments, FM Broadcast Stations (Fairbanks, mittee on the Judiciary. Alaska)’’ (MB Docket No. 10–81, RM-11600) re- By Ms. STABENOW (for herself and S. 3641 ceived in the Office of the President of the Mr. REED): At the request of Mr. WHITEHOUSE, Senate on December 10, 2010; to the Com- S. 4038. A bill to increase access to commu- the name of the Senator from Florida mittee on Commerce, Science, and Transpor- nity behavioral health services for all Amer- (Mr. NELSON) was added as a cosponsor tation. icans and to improve Medicaid reimburse- of S. 3641, a bill to create the National f ment for community behavioral health serv- Endowment for the Oceans to promote ices; to the Committee on Health, Education, the protection and conservation of REPORTS OF COMMITTEES Labor, and Pensions. By Mr. CASEY (for himself and Mr. United States ocean, coastal, and The following reports of committees Great Lakes ecosystems, and for other were submitted: SPECTER): S. 4039. A bill to amend the Higher Edu- purposes. By Mr. LIEBERMAN, from the Committee cation Act of 1965 to improve education and S. 3804 on Homeland Security and Governmental Af- prevention related to campus sexual vio- fairs, with an amendment in the nature of a At the request of Mr. LEAHY, the lence, intimate partner violence, and stalk- name of the Senator from Missouri substitute and an amendment to the title: ing; to the Committee on Health, Education, H.R. 2868. To amend the Homeland Secu- Labor, and Pensions. (Mrs. MCCASKILL) was added as a co- rity Act of 2002 to enhance security and pro- By Mr. MCCONNELL (for himself, Mr. sponsor of S. 3804, a bill to combat on- tect against acts of terrorism against chem- THUNE, Mr. GREGG, Mr. KYL, Mr. line infringement, and for other pur- ical facilities, to amend the Safe Drinking VITTER, Mr. KIRK, Mr. ENSIGN, Mr. poses. Water Act to enhance the security of public LEMIEUX, Mr. ALEXANDER, Mr. S. 3876 water systems, and to amend the Federal ISAKSON, Mr. MCCAIN, Mr. CORNYN, At the request of Mr. WYDEN, the Water Pollution Control Act to enhance the Mr. GRAHAM, Mr. HATCH, Mr. WICKER, security of wastewater treatment works, and Mr. JOHANNS, and Mr. ROBERTS): name of the Senator from Mississippi for other purposes (Rept. No. 111–370). S.J. Res. 42. A joint resolution to extend (Mr. COCHRAN) was added as a cospon- By Mr. DORGAN, from the Committee on the continuing resolution until February 1, sor of S. 3876, a bill to amend the Inter- Indian Affairs, with amendments: 2011; read the first time. nal Revenue Code of 1986 to extend and S. 3903. A bill to authorize leases of up to modify the alternative fuel vehicle re- 99 years for lands held in trust for Ohkay f fueling property credit. Owingeh Pueblo (Rept. No. 111–371). SUBMISSION OF CONCURRENT AND By Mr. LIEBERMAN, from the Committee SENATE RESOLUTIONS S. 4020 on Homeland Security and Governmental Af- At the request of Mr. WICKER, the fairs: The following concurrent resolutions names of the Senator from Kentucky Report to accompany H.R. 2142, To require and Senate resolutions were read, and (Mr. MCCONNELL), the Senator from quarterly performance assessments of Gov- referred (or acted upon), as indicated: South Dakota (Mr. THUNE), the Sen- ernment programs for purposes of assessing By Mr. ROBERTS (for himself, Mr. agency performance and improvement, and ator from Kansas (Mr. BROWNBACK), the HARKIN, Mr. HATCH, and Ms. MUR- to establish agency performance improve- Senator from New Hampshire (Mr. KOWSKI): GREGG), the Senator from Georgia (Mr. ment officers and the Performance Improve- S. Res. 702. A resolution recognizing the ment Council (Rept. No. 111–372). work and importance of special education ISAKSON), the Senator from Texas (Mr. By Mrs. BOXER, from the Committee on teachers; considered and agreed to. CORNYN), the Senator from Arizona Environment and Public Works, without (Mr. MCCAIN), the Senator from Mis- amendment: f souri (Mr. BOND) and the Senator from S. 3874. A bill to amend the Safe Drinking ADDITIONAL COSPONSORS Act to reduce lead in drinking water. Massachusetts (Mr. BROWN) were added S. 471 as cosponsors of S. 4020, a bill to pro- f At the request of Ms. SNOWE, the tect 10th Amendment rights by pro- INTRODUCTION OF BILLS AND name of the Senator from California viding special standing for State gov- JOINT RESOLUTIONS (Mrs. BOXER) was added as a cosponsor ernment officials to challenge proposed The following bills and joint resolu- of S. 471, a bill to amend the Education regulations, and for other purposes. tions were introduced, read the first Sciences Reform Act of 2002 to require S. 4023 and second times by unanimous con- the Statistics Commissioner to collect At the request of Mr. LIEBERMAN, the sent, and referred as indicated: information from coeducational sec- names of the Senator from Hawaii (Mr.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10411 INOUYE), the Senator from Florida (Mr. the limited physical space they occupy. ment of the plan and that will implement NELSON), the Senator from Virginia The Community-Based Mental Health and monitor any grant awarded to the eligi- (Mr. WARNER), the Senator from South Infrastructure Improvements Act ble entity under this section; ‘‘(D) in the case of an eligible entity that Dakota (Mr. JOHNSON) and the Senator would authorize grants to states for is a State, includes a copy of the State plan from Missouri (Mrs. MCCASKILL) were the construction and modernization of under section 1912(b) and section 1932(b); added as cosponsors of S. 4023, a bill to these facilities. Indeed, for some Com- ‘‘(E)(i) includes a listing of the projects to provide for the repeal of the Depart- munity Mental Health Centers, facility be funded by the grant; and ment of Defense policy concerning ho- updates are the first step to enhancing ‘‘(ii) in the case of an eligible entity that mosexuality in the Armed Forces patient care. is a State, explains how each listed project known as ‘‘Don’t Ask, Don’t Tell’’. I am also pleased that this legisla- helps the State in accomplishing its goals and objectives under the Community Mental S. CON. RES. 71 tion has been included in a broader piece of legislation that I joined Sen- Health Services Block Grant under subpart I At the request of Mr. FEINGOLD, the of part B of title XIX and the Substance name of the Senator from New Mexico ator STABENOW in introducing today, Abuse Prevention and Treatment Block (Mr. UDALL) was added as a cosponsor the Excellence in Mental Health Act. Grant under subpart II of such part; of S. Con. Res. 71, a concurrent resolu- As a member of the Senate Committee ‘‘(F) includes assurances that the facilities tion recognizing the United States na- on Health, Education, Labor, and Pen- will be used for a period of not less than 10 tional interest in helping to prevent sions, I will continue to work to in- years for the provision of community-based and mitigate acts of genocide and other clude these important initiatives in mental health or substance abuse services for those who cannot pay for such services, mass atrocities against civilians, and legislation that renews and improves Substance Abuse and Mental Health subject to subsection (e); and supporting and encouraging efforts to ‘‘(G) in the case of a facility that is not a develop a whole of government ap- Services Administration, SAMHSA, public facility, includes the name and execu- proach to prevent and mitigate such programs. tive director of the entity who will provide acts. Mr. President, I ask unanimous con- services in the facility; and sent that the text of the bill be printed ‘‘(2) with respect to each construction or AMENDMENT NO. 4807 in the RECORD. modernization project described in the appli- At the request of Mr. MCCAIN, the There being no objection, the text of cation— name of the Senator from South Da- the bill was ordered to be printed in ‘‘(A) a description of the site for the kota (Mr. THUNE) was added as a co- the RECORD, as follows: project; sponsor of amendment No. 4807 in- ‘‘(B) plans and specifications for the tended to be proposed to H.R. 3082, a S. 4035 project and State or tribal approval for the bill making appropriations for military Be it enacted by the Senate and House of Rep- plans and specifications; resentatives of the United States of America in ‘‘(C) assurance that the title for the site is construction, the Department of Vet- Congress assembled, erans Affairs, and related agencies for or will be vested with either the public enti- SECTION 1. SHORT TITLE. ty or private nonprofit entity who will pro- the fiscal year ending September 30, This Act may be cited as the ‘‘Community- vide the services in the facility; 2010, and for other purposes. Based Mental Health Infrastructure Im- ‘‘(D) assurance that adequate financial re- f provements Act’’. sources will be available for the construction SEC. 2. COMMUNITY-BASED MENTAL HEALTH IN- or major rehabilitation of the project and for STATEMENTS ON INTRODUCED FRASTRUCTURE IMPROVEMENT. the maintenance and operation of the facil- BILLS AND JOINT RESOLUTIONS Title V of the Public Health Service Act ity; By Mr. REED (for himself and (42 U.S.C. 280g et seq.) is amended by adding ‘‘(E) estimates of the cost of the project; at the end the following: and Ms. STABENOW): ‘‘(F) the estimated length of time for com- S. 4035. A bill to amend the Public ‘‘PART H—COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVE- pletion of the project. Health Service Act to provide grants MENTS ‘‘(d) SUBGRANTS BY STATES.— for community-based mental health in- ‘‘SEC. 560. GRANTS FOR COMMUNITY-BASED MEN- ‘‘(1) IN GENERAL.—A State that receives a frastructure improvement; to the Com- TAL HEALTH INFRASTRUCTURE IM- grant under this section may award a mittee on Health, Education, Labor, PROVEMENTS. subgrant to a qualified community program and Pensions. ‘‘(a) GRANTS AUTHORIZED.—The Secretary (as such term is used in section 1913(b)(1)). Mr. REED. Mr. President, today I in- may award grants to eligible entities to ex- ‘‘(2) USE OF FUNDS.—Subgrants awarded troduce, along with my colleague, Sen- pend funds for the construction or mod- pursuant to paragraph (1) may be used for ernization of facilities used to provide men- ator STABENOW, the Community-Based activities such as— tal health and substance abuse services to Mental Health Infrastructure Improve- ‘‘(A) the construction, expansion, and mod- individuals. ernization of facilities used to provide men- ments Act. ‘‘(b) ELIGIBLE ENTITY.—In this section, the tal health and substance abuse services to Multiple research studies have shown term ‘eligible entity’ means— individuals; that people with mental illness are at ‘‘(1) a State that is the recipient of a Com- ‘‘(B) acquiring and leasing facilities and greater risk of preventable health con- munity Mental Health Services Block Grant equipment (including paying the costs of am- ditions such as heart disease and diabe- under subpart I of part B of title XIX and a ortizing the principal of, and paying the in- tes and are more likely to die sooner Substance Abuse Prevention and Treatment terest on, loans for such facilities and equip- than healthy individuals—in some in- Block Grant under subpart II of such part; or ment) to support or further the operation of ‘‘(2) an Indian tribe or a tribal organization stances up to 25 years sooner. In order the subgrantee; (as such terms are defined in sections 4(b) ‘‘(C) the construction and structural modi- to address this troubling trend, I au- and 4(c) of the Indian Self-Determination fication (including equipment acquisition) of thored language in the new health in- and Education Assistance Act). facilities to permit the integrated delivery of surance reform law to ensure that indi- ‘‘(c) APPLICATION.—A eligible entity desir- behavioral health and primary care of spe- viduals with multiple co-occurring ing a grant under this section shall submit cialty medical services to individuals with mental, behavioral, and physical to the Secretary an application at such time, co-occurring mental illnesses and chronic health conditions have access to a co- in such manner, and containing— medical or surgical diseases at a single serv- ordinated and integrated health care ‘‘(1) a plan for the construction or mod- ice site; and ernization of facilities used to provide men- delivery system. Under this provision, ‘‘(D) acquiring information technology re- tal health and substance abuse services to quired to accommodate the clinical needs of Community Mental Health Centers are individuals that— primary and specialty care professionals. authorized to provide patients with ‘‘(A) designates a single State or tribal ‘‘(3) LIMITATION.—Not to exceed 15 percent mental, behavioral, and primary health agency as the sole agency for the supervision of grant funds may be used for activities de- care all in one location. and administration of the grant; scribed in paragraph (2)(D). ‘‘(B) contains satisfactory evidence that Recently, I was pleased to learn that ‘‘(e) REQUEST TO TRANSFER OBLIGATION.— such agency so designated will have the au- two Community Mental Health Centers An eligible entity that receives a grant in Rhode Island received funding to thority to carry out the plan; ‘‘(C) provides for the designation of an ad- under this section may submit a request to begin to offer these co-located services. visory council, which shall include rep- the Secretary for permission to transfer the However, many Community Mental resentatives of nongovernmental organiza- 10-year obligation of facility use, as de- Health Centers are unable to provide tions or groups, and of the relevant State or scribed in subsection (c)(1)(F), to another fa- this broader range of services due to tribal agencies, that aided in the develop- cility.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10412 CONGRESSIONAL RECORD — SENATE December 16, 2010 ‘‘(f) AGREEMENT TO FEDERAL SHARE.—As a Mr. MCCONNELL. Mr. President, I paring individuals with special needs for condition of receipt of a grant under this sec- ask unanimous consent that the text of high school graduation, college success, and tion, an eligible entity shall agree, with re- the joint resolution be printed in the rewarding careers. spect to the costs to be incurred by the enti- RECORD. f ty in carrying out the activities for which such grant is awarded, that the entity will There being no objection, the text of AMENDMENTS SUBMITTED AND make available non-Federal contributions the joint resolution was ordered to be PROPOSED (which may include State or local funds, or printed in the RECORD, as follows: Resolved by the Senate and House of Rep- SA 4814. Mr. MCCAIN (for himself and Mr. funds from the qualified community pro- BARRASSO) submitted an amendment in- resentatives of the United States of America in gram) in an amount equal to not less than $1 tended to be proposed by him to Treaty Doc. Congress assembled, for every $1 of Federal funds provided under 111–5, Treaty between the United States of the grant. SECTION 1. EXTENSION OF THE CONTINUING America and the Russian Federation on ‘‘(g) REPORTING.— RESOLUTION UNTIL FEBRUARY 18, 2011. Measures for the Further Reduction and ‘‘(1) REPORTING BY STATES.—During the 10- Limitation of Strategic Offensive Arms, The Continuing Appropriations Act, 2011 year period referred to in subsection signed in Prague on April 8, 2010, with Pro- (Public Law 111–242) is amended by striking (c)(1)(F), the Secretary shall require that a tocol; which was ordered to lie on the table. State that receives a grant under this sec- the date specified in section 106(3) and insert- SA 4815. Mr. GRAHAM submitted an tion submit, as part of the report of the ing ‘‘February 18, 2011’’. amendment intended to be proposed to State required under the Community Mental f amendment SA 4805 submitted by Mr. INOUYE Health Services Block Grant under subpart I SUBMITTED RESOLUTIONS and intended to be proposed to the bill H.R. of part B of title XIX and the Substance 3082, making appropriations for military con- Abuse Prevention and Treatment Block struction, the Department of Veterans Af- Grant under subpart II of such part, a de- fairs, and related agencies for the fiscal year scription of the progress on— SENATE RESOLUTION 702—RECOG- ending September 30, 2010, and for other pur- ‘‘(A) the projects carried out pursuant to NIZING THE WORK AND IMPOR- poses; which was ordered to lie on the table. the grant under this section; and TANCE OF SPECIAL EDUCATION SA 4816. Mr. BROWN of Ohio submitted an ‘‘(B) the assurances that the facilities in- TEACHERS amendment intended to be proposed by him volved continue to be used for the purpose to the bill S. 3454, to authorize appropria- for which they were funded under such grant Mr. ROBERTS (for himself, Mr. HAR- tions for fiscal year 2011 for military activi- during such 10-year period. KIN, Mr. HATCH, and Ms. MURKOWSKI) ties of the Department of Defense, for mili- ‘‘(2) REPORTING BY INDIAN TRIBES AND TRIB- submitted the following resolution; tary construction, and for defense activities AL ORGANIZATIONS.—The Secretary shall es- which was considered and agreed to: of the Department of Energy, to prescribe tablish reporting requirements for Indian S. RES. 702 military personnel strengths for such fiscal tribes and tribal organizations that receive a Whereas, in 1972, the Supreme Court ruled year, and for other purposes; which was or- grant under this section. Such reporting re- that children with disabilities have the same dered to lie on the table. SA 4817. Mr. DEMINT submitted an amend- quirements shall include that such Indian right to receive a quality education in the ment intended to be proposed to amendment tribe or tribal organization provide a de- public schools as their nondisabled peers SA 4805 submitted by Mr. INOUYE and in- scription of the progress on— and, in 1975, the Congress passed Public Law tended to be proposed to the bill H.R. 3082, ‘‘(A) the projects carried out pursuant to 94–142 guaranteeing students with disabil- making appropriations for military con- the grant under this section; and ities the right to a free appropriate public struction, the Department of Veterans Af- ‘‘(B) the assurances that the facilities in- education; fairs, and related agencies for the fiscal year volved continue to be used for the purpose Whereas, according to the Department of ending September 30, 2010, and for other pur- for which they were funded under such grant Education, approximately 6,600,000 children poses; which was ordered to lie on the table. during the 10-year period referred to in sub- (roughly 13 percent of all school-aged chil- SA 4818. Mr. DORGAN (for Mr. VOINOVICH section (c)(1)(F). dren) receive special education services; ‘‘(h) FAILURE TO MEET OBLIGATIONS.— (for himself, Mr. CARPER, Mrs. BOXER, Mr. Whereas there are over 370,000 highly quali- ‘‘(1) IN GENERAL.—If an eligible entity that INHOFE, Mr. ALEXANDER, Mr. BAUCUS, Mr. fied special education teachers in the United receives a grant under this section fails to BROWN of Ohio, Mr. CARDIN, Ms. COLLINS, Mr. States; meet any of the obligations of the entity re- DURBIN, Mrs. FEINSTEIN, Mr. FRANKEN, Mrs. Whereas the work of special education quired under this section, the Secretary GILLIBRAND, Mrs. HAGAN, Mr. HARKIN, Mr. teachers requires special education teachers shall take appropriate steps, which may in- KERRY, Ms. KLOBUCHAR, Ms. LANDRIEU, Mr. to be able to interact and teach students clude— LAUTENBERG, Mr. LIEBERMAN, Mr. LUGAR, with specific learning disabilities, hearing ‘‘(A) requiring that the entity return the Mr. MERKLEY, Mr. REED, Mr. SCHUMER, Mrs. impairments, speech or language impair- unused portion of the funds awarded under SHAHEEN, Mr. TESTER, Mr. WARNER, Mr. ments, orthopedic impairments, visual im- this section for the projects that are incom- WHITEHOUSE, Mr. WYDEN, Ms. MURKOWSKI, pairments, autism, combined deafness and plete; and Mr. MENENDEZ, Mr. WEBB, and Mr. LEVIN)) blindness, traumatic brain injury, and other ‘‘(B) extending the length of time that the proposed an amendment to the bill H.R. 5809, health impairments; entity must ensure that the facility involved to amend the Energy Policy Act of 2005 to re- Whereas special education teachers— is used for the purposes for which it is in- authorize and modify provisions relating to (1) are dedicated; the diesel emissions reduction program. tended, as described in subsection (c)(1)(F). (2) possess the ability to understand the ‘‘(2) HEARING.—Prior to requesting the re- SA 4819. Mr. DORGAN (for Mr. VOINOVICH needs of a diverse group of students; (for himself and Mr. CARPER)) proposed an turn of the funds under paragraph (1)(B), the (3) have the capacity to use innovative Secretary shall provide the entity notice and amendment to the bill H.R. 5809, supra. teaching methods tailored to a unique group SA 4820. Mrs. HUTCHISON (for herself, Mr. opportunity for a hearing. of students; and ‘‘(i) COLLABORATION.—The Secretary may WICKER, Mr. ENSIGN, Mr. ISAKSON, Mr. (4) understand the differences of the chil- THUNE, Mr. DEMINT, Mr. CORNYN, and Mr. establish intergovernmental and inter- dren in their care; departmental memorandums of agreement as COBURN) submitted an amendment intended Whereas special education teachers must to be proposed by her to the bill H.R. 3082, necessary to carry out this section. have the ability to interact and coordinate ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— making appropriations for military con- with a child’s parents or legal guardians, so- struction, the Department of Veterans Af- There is authorized to be appropriated to cial workers, school psychologists, occupa- carry out this section $20,000,000 for fiscal fairs, and related agencies for the fiscal year tional and physical therapists, and school ending September 30, 2010, and for other pur- year 2010 and such sums as may be necessary administrators, as well as other educators to for each of fiscal years 2011 through 2013.’’. poses; which was ordered to lie on the table. provide the best quality education for their SA 4821. Mr. ROCKEFELLER (for himself students; and Ms. MURKOWSKI) submitted an amend- By Mr. MCCONNELL (for himself, Whereas special education teachers help to ment intended to be proposed by him to the Mr. THUNE, Mr. GREGG, Mr. develop an individualized education program bill H.R. 3082, supra; which was ordered to lie KYL, Mr. VITTER, Mr. KIRK, Mr. for every special education student based on on the table. ENSIGN, Mr. LEMIEUX, Mr. AL- the needs and abilities of the student; and SA 4822. Mr. REID proposed an amendment EXANDER, Mr. ISAKSON, Mr. Whereas special education teachers dedi- to the bill H.R. 5281, to amend title 28, MCCAIN, Mr. CORNYN, Mr. cate themselves to preparing special edu- United States Code, to clarify and improve GRAHAM, Mr. HATCH, Mr. WICK- cation students for success in school and be- certain provisions relating to the removal of yond: Now, therefore, be it litigation against Federal officers or agen- ER, Mr. JOHANNS, and Mr. ROB- Resolved, That Congress— cies to Federal courts, and for other pur- ERTS): (1) recognizes the amount of work required poses. S.J. Res. 42. A joint resolution to ex- to be a special education teacher; and SA 4823. Mr. REID proposed an amendment tend the continuing resolution until (2) commends special education teachers to amendment SA 4822 proposed by Mr. REID February 1, 2011; read the first time. for their sacrifices and dedication to pre- to the bill H.R. 5281, supra.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10413 SA 4824. Mr. REID proposed an amendment and secondary education and for public insti- SEC. 2. DIESEL EMISSIONS REDUCTION PRO- to the bill H.R. 5281, supra. tutions of higher education (not including GRAM. SA 4825. Mr. REID proposed an amendment support for capital projects or for research (a) DEFINITIONS.—Section 791 of the Energy to amendment SA 4824 proposed by Mr. REID and development or tuition and fees paid by Policy Act of 2005 (42 U.S.C. 16131) is amend- to the bill H.R. 5281, supra. students), in the aggregate, at a percentage ed— SA 4826. Mr. REID proposed an amendment of the total revenues available to the State (1) in paragraph (3)— to amendment SA 4825 proposed by Mr. REID that is equal to or greater than the total per- (A) in subparagraph (A), by striking ‘‘and’’ to the amendment SA 4824 proposed by Mr. centage provided for such support for State at the end; REID to the bill H.R. 5281, supra. fiscal year 2010.’’. SA 4827. Mr. REID proposed an amendment (B) in subparagraph (B), by striking the pe- to the bill H.R. 2965, to amend the Small SA 4816. Mr. BROWN of Ohio sub- riod at the end and inserting ‘‘; and’’; and Business Act with respect to the Small Busi- mitted an amendment intended to be (C) by adding at the end the following: ness Innovation Research Program and the proposed by him to the bill S. 3454, to ‘‘(C) any private individual or entity that— ‘‘(i) is the owner of record of a diesel vehi- Small Business Technology Transfer Pro- authorize appropriations for fiscal year gram, and for other purposes. cle or fleet operated pursuant to a contract, 2011 for military activities of the De- license, or lease with a Federal department SA 4828. Mr. REID proposed an amendment partment of Defense, for military con- to amendment SA 4827 proposed by Mr. REID or agency or an entity described in subpara- to the bill H.R. 2965, supra. struction, and for defense activities of graph (A); and SA 4829. Mr. REID proposed an amendment the Department of Energy, to prescribe ‘‘(ii) meets such timely and appropriate re- to the bill H.R. 2965, supra. military personnel strengths for such quirements as the Administrator may estab- SA 4830. Mr. REID proposed an amendment fiscal year, and for other purposes; lish for vehicle use and for notice to and ap- to amendment SA 4829 proposed by Mr. REID which was ordered to lie on the table; proval by the Federal department or agency to the bill H.R. 2965, supra. as follows: or entity described in subparagraph (A) with SA 4831. Mr. REID proposed an amendment respect to which the owner has entered into At the end of subtitle C of title VIII, add a contract, license, or lease as described in to amendment SA 4830 proposed by Mr. REID the following: to the amendment SA 4829 proposed by Mr. clause (i).’’; SEC. 836. ADDITIONAL DEFINITION RELATING TO (2) in paragraph (4), by inserting ‘‘cur- REID to the bill H.R. 2965, supra. PRODUCTION OF SPECIALTY MET- SA 4832. Ms. SNOWE submitted an amend- ALS WITHIN THE UNITED STATES. rently, or has not been previously,’’ after ment intended to be proposed by her to the Section 2533b(m) of title 10, United States ‘‘that is not’’; bill H.R. 3082, making appropriations for Code, is amended by adding at the end the (3) by striking paragraph (9); military construction, the Department of following new paragraph: (4) by redesignating paragraph (8) as para- Veterans Affairs, and related agencies for ‘‘(11) The term ‘produced’, as used in sub- graph (9); the fiscal year ending September 30, 2010, and sections (a) and (b), means melted, or proc- (5) in paragraph (9) (as so redesignated), in for other purposes; which was ordered to lie essed in a manner that results in physical or the matter preceding subparagraph (A), by on the table. chemical property changes that are the striking ‘‘, advanced truckstop electrifica- tion system,’’; and f equivalent of melting. The term does not include finishing processes such as rolling, (6) by inserting after paragraph (7) the fol- TEXT OF AMENDMENTS heat treatment, quenching, tempering, lowing: ‘‘(8) STATE.—The term ‘State’ means the Mr. MCCAIN (for himself and grinding, or shaving.’’. SA 4814. several States, the District of Columbia, the Mr. BARRASSO) submitted an amend- Mr. DEMINT submitted an Commonwealth of Puerto Rico, Guam, the ment intended to be proposed by him SA 4817. amendment intended to be proposed to United States Virgin Islands, American to Treaty Doc. 111–5, Treaty between amendment SA 4805 submitted by Mr. Samoa, and the Commonwealth of the North- the United States of America and the ern Mariana Islands.’’. INOUYE and intended to be proposed to Russian Federation on Measures for the bill H.R. 3082, making appropria- (b) NATIONAL GRANT, REBATE, AND LOAN the Further Reduction and Limitation tions for military construction, the De- PROGRAMS.—Section 792 of the Energy Policy of Strategic Offensive Arms, signed in partment of Veterans Affairs, and re- Act of 2005 (42 U.S.C. 16132) is amended— Prague on April 8, 2010, with Protocol; lated agencies for the fiscal year end- (1) in the section heading, by inserting ‘‘, which was ordered to lie on the table; ing September 30, 2010, and for other REBATE,’’ after ‘‘GRANT’’; as follows: (2) in subsection (a)— purposes; which was ordered to lie on (A) in the matter preceding paragraph (1), In the preamble to the New START Treaty, the table; as follows: strike ‘‘Recognizing the existence of the by striking ‘‘to provide grants and low-cost On page 662, line 6, insert ‘‘Provided further, interrelationship between strategic offensive revolving loans, as determined by the Ad- That none of the amounts appropriated arms and strategic defensive arms, that this ministrator, on a competitive basis, to eligi- under this Act may be used to modify exist- interrelationship will become more impor- ble entities’’ and inserting ‘‘to provide ing policy by providing collective bargaining grants, rebates, or low-cost revolving loans, tant as strategic nuclear arms are reduced, rights to screeners at the Transportation Se- and that current strategic defensive arms do as determined by the Administrator, on a curity Administration’’ before the period at competitive basis, to eligible entities, in- not undermine the viability and effective- the end. ness of the strategic offensive arms of the cluding through contracts entered into under Parties,’’. subsection (e) of this section,’’; and SA 4818. Mr. DORGAN (for Mr. (B) in paragraph (1), by striking ‘‘tons of’’; VOINOVICH (for himself, Mr. CARPER, Mr. GRAHAM submitted an (3) in subsection (b)— SA 4815. Mrs. BOXER, Mr. INHOFE, Mr. ALEX- amendment intended to be proposed to (A) by striking paragraph (2); ANDER, Mr. BAUCUS, Mr. BROWN of Ohio, (B) by redesignating paragraph (3) as para- amendment SA 4805 submitted by Mr. Mr. CARDIN, Ms. COLLINS, Mr. DURBIN, graph (2); and INOUYE and intended to be proposed to Mrs. FEINSTEIN, Mr. FRANKEN, Mrs. (C) in paragraph (2) (as so redesignated)— the bill H.R. 3082, making appropria- GILLIBRAND, Mrs. HAGAN, Mr. HARKIN, (i) in subparagraph (A), in the matter preceding clause (i), by striking ‘‘90’’ and insert- tions for military construction, the De- Mr. KERRY, Ms. KLOBUCHAR, Ms. ing ‘‘95’’; partment of Veterans Affairs, and re- LANDRIEU, Mr. LAUTENBERG, Mr. lated agencies for the fiscal year end- (ii) in subparagraph (B)(i), by striking ‘‘10 LIEBERMAN, Mr. LUGAR, Mr. MERKLEY, percent’’ and inserting ‘‘5 percent’’; and ing September 30, 2010, and for other Mr. REED, Mr. SCHUMER, Mrs. SHAHEEN, purposes; which was ordered to lie on (iii) in subparagraph (B)(ii), by striking Mr. TESTER, Mr. WARNER, Mr. ‘‘the application under subsection (c)’’ and the table; as follows: WHITEHOUSE, Mr. WYDEN, Ms. MUR- inserting ‘‘a verification application’’; On page 1068, between lines 17 and 18, insert KOWSKI, Mr. MENENDEZ, Mr. WEBB, and (4) in subsection (c)— the following: Mr. LEVIN)) proposed an amendment to (A) by redesignating paragraphs (2) and (3) SEC. 311. MAINTENANCE OF EFFORT REQUIRE- the bill H.R. 5809, to amend the Energy as paragraphs (3) and (4), respectively; MENTS. Policy Act of 2005 to reauthorize and (B) by striking paragraph (1) and inserting Paragraph (10)(A) of section 101 of Public the following: modify provisions relating to the diesel Law 111–226 (124 Stat. 2391) is amended— ‘‘(1) EXPEDITED PROCESS.— (1) in clause (ii), by striking ‘‘or’’ after the emissions reduction program; as fol- ‘‘(A) IN GENERAL.—The Administrator shall semicolon; lows: develop a simplified application process for (2) in clause (iii)(II), by striking ‘‘2006.’’ Strike all after the enacting clause and in- all applicants under this section to expedite and inserting ‘‘2006; or’’; and sert the following: the provision of funds. (3) by adding at the end the following: SECTION 1. SHORT TITLE. ‘‘(B) REQUIREMENTS.—In developing the ex- ‘‘(iv) for State fiscal year 2011, the State This Act may be cited as the ‘‘Diesel Emis- pedited process under subparagraph (A), the will maintain State support for elementary sions Reduction Act of 2010’’. Administrator—

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‘‘(i) shall take into consideration the spe- ‘‘(1) for rebates and loans provided to the (d) EVALUATION AND REPORT.—Section cial circumstances affecting small fleet own- owner of a diesel vehicle or fleet, the total 794(b) of the Energy Policy Act of 2005 (42 ers; and number and dollar amount of rebates or U.S.C. 16134(b)) is amended— ‘‘(ii) to avoid duplicative procedures, may loans provided, as well as a breakdown of the (1) in each of paragraphs (2) through (5) by require applicants to include in an applica- technologies funded through the rebates or inserting ‘‘, rebate,’’ after ‘‘grant’’ each tion under this section the results of a com- loans; and place it appears; petitive bidding process for equipment and ‘‘(2) for other rebates and loans, and for (2) in paragraph (5), by striking ‘‘and’’ at installation. grants, a description of each application for the end; ‘‘(2) ELIGIBILITY.— which the grant, rebate, or loan is pro- (3) in paragraph (6), by striking the period ‘‘(A) GRANTS.—To be eligible to receive a vided.’’. at the end and inserting ‘‘; and’’; and grant under this section, an eligible entity (c) STATE GRANT, REBATE, AND LOAN PRO- (4) by adding at the end the following new shall submit to the Administrator an appli- GRAMS.—Section 793 of the Energy Policy paragraph: cation at such time, in such manner, and Act of 2005 (42 U.S.C. 16133) is amended— ‘‘(7) in the last report sent to Congress be- containing such information as the Adminis- (1) in the section heading, by inserting ‘‘, fore January 1, 2016, an analysis of the need trator may require. REBATE,’’ after ‘‘GRANT’’; to continue the program, including an as- ‘‘(B) REBATES AND LOW-COST LOANS.—To be (2) in subsection (a), by inserting ‘‘, re- sessment of the size of the vehicle and engine eligible to receive a rebate or a low-cost loan bate,’’ after ‘‘grant’’; fleet that could provide benefits from being under this section, an eligible entity shall (3) in subsection (b)(1), by inserting ‘‘, re- retrofit under this program and a description submit an application in accordance with bate,’’ after ‘‘grant’’; of the number and types of applications that such guidance as the Administrator may es- (4) by amending subsection (c)(2) to read as were not granted in the preceding year.’’. tablish— follows: (e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) to the Administrator; or ‘‘(2) ALLOCATION.— Section 797 of the Energy Policy Act of 2005 ‘‘(ii) to an entity that has entered into a ‘‘(A) IN GENERAL.—Except as provided in (42 U.S.C. 16137) is amended to read as fol- contract under subsection (e).’’; subparagraphs (B) and (C), using not more lows: than 20 percent of the funds made available (C) in paragraph (3)(G) (as redesignated by ‘‘SEC. 797. AUTHORIZATION OF APPROPRIATIONS. subparagraph (A)), by inserting ‘‘in the case to carry out this subtitle for a fiscal year, ‘‘(a) IN GENERAL.—There is authorized to of an application relating to nonroad engines the Administrator shall provide to each be appropriated to carry out this subtitle or vehicles,’’ before ‘‘a description of the die- State qualified for an allocation for the fis- $100,000,000 for each of fiscal years 2012 sel’’; and cal year an allocation equal to 1⁄53 of the through 2016, to remain available until ex- (D) in paragraph (4) (as redesignated by funds made available for that fiscal year for pended. subparagraph (A))— distribution to States under this paragraph. ‘‘(b) MANAGEMENT AND OVERSIGHT.—The (i) in the matter preceding subparagraph ‘‘(B) CERTAIN TERRITORIES.— Administrator may use not more than 1 per- (A)— ‘‘(i) IN GENERAL.—Except as provided in cent of the amounts made available under (I) by inserting ‘‘, rebate,’’ after ‘‘grant’’; clause (ii), Guam, the United States Virgin subsection (a) for each fiscal year for man- and Islands, American Samoa, and the Common- agement and oversight purposes.’’. (II) by inserting ‘‘highest’’ after ‘‘shall wealth of the Northern Mariana Islands shall give’’; collectively receive an allocation equal to 1⁄53 SEC. 3. AUDIT. (ii) in subparagraph (C)(iii)— of the funds made available for that fiscal (a) IN GENERAL.—Not later than 360 days (I) by striking ‘‘a diesel fleets’’ and insert- year for distribution to States under this after the date of enactment of this Act, the ing ‘‘diesel fleets’’; and subsection, divided equally among those 4 Comptroller General of the United States (II) by inserting ‘‘construction sites, States. shall carry out an audit to identify— schools,’’ after ‘‘terminals,’’; ‘‘(ii) EXCEPTION.—If any State described in (1) all Federal mobile source clean air (iii) in subparagraph (E), by adding ‘‘and’’ clause (i) does not qualify for an allocation grant, rebate, or low cost revolving loan pro- at the end; under this paragraph, the share of funds oth- grams under the authority of the Adminis- (iv) in subparagraph (F), by striking ‘‘; erwise allocated for that State under clause trator of the Environmental Protection and’’ and inserting a period; and (i) shall be reallocated pursuant to subpara- Agency, the Secretary of Transportation, or (v) by striking subparagraph (G); graph (C). other relevant Federal agency heads that are (5) in subsection (d)— ‘‘(C) REALLOCATION.—If any State does not designed to address diesel emissions from, or (A) in paragraph (1), in the matter pre- qualify for an allocation under this para- reduce diesel fuel usage by, diesel engines ceding subparagraph (A), by inserting ‘‘, re- graph, the share of funds otherwise allocated and vehicles; and bate,’’ after ‘‘grant’’; and for that State under this paragraph shall be (2) whether, and to what extent, duplica- (B) in paragraph (2)(A)— reallocated to each remaining qualified tion or overlap among, or gaps between, (i) by striking ‘‘grant or loan provided’’ State in an amount equal to the product ob- these Federal mobile source clean air pro- and inserting ‘‘grant, rebate, or loan pro- tained by multiplying— grams exists. vided, or contract entered into,’’; and ‘‘(i) the proportion that the population of (b) REPORT.—The Comptroller General of (ii) by striking ‘‘Federal, State or local the State bears to the population of all the United States shall— law’’ and inserting ‘‘any Federal law, except States described in paragraph (1); by (1) submit to the Committee on Environ- that this subparagraph shall not apply to a ‘‘(ii) the amount otherwise allocatable to ment and Public Works of the Senate and mandate in a State implementation plan ap- the nonqualifying State under this para- the Committee on Energy and Commerce of proved by the Administrator under the Clean graph.’’; the House of Representatives a copy of the Air Act’’; and (5) in subsection (d)— audit under subsection (a); and (6) by adding at the end the following: (A) in paragraph (1), by inserting ‘‘, re- (2) make a copy of the audit under sub- ‘‘(e) CONTRACT PROGRAMS.— bate,’’ after ‘‘grant’’; section (a) available on a publicly accessible ‘‘(1) AUTHORITY.—In addition to the use of (B) in paragraph (2), by inserting ‘‘, re- Internet site. contracting authority otherwise available to bates,’’ after ‘‘grants’’; (c) OFFSET.—All unobligated amounts pro- the Administrator, the Administrator may (C) in paragraph (3), in the matter pre- vided to carry out the pilot program under enter into contracts with eligible contrac- ceding subparagraph (A), by striking ‘‘grant title I of division G of the Omnibus Appro- tors described in paragraph (2) for the admin- or loan provided under this section may be priations Act, 2009 (Public Law 111–8; 123 istration of programs for providing rebates used’’ and inserting ‘‘grant, rebate, or loan Stat. 814) under the heading ‘‘MISCELLANEOUS or loans, subject to the requirements of this provided under this section shall be used’’; ITEMS’’ are rescinded. subtitle. and SEC. 4. EFFECTIVE DATE. ‘‘(2) ELIGIBLE CONTRACTORS.—The Adminis- (D) by adding at the end the following: (a) GENERAL RULE.—Except as provided in trator may enter into a contract under this ‘‘(4) PRIORITY.—In providing grants, re- subsection (b), the amendments made by sec- subsection with a for-profit or nonprofit en- bates, and loans under this section, a State tion 2 shall take effect on October 1, 2011. tity that has the capacity— shall use the priorities in section 792(c)(4). (b) EXCEPTION.—The amendments made by ‘‘(A) to sell diesel vehicles or equipment ‘‘(5) PUBLIC NOTIFICATION.—Not later than subsections (a)(4) and (6) and (c)(4) of section to, or to arrange financing for, individuals or 60 days after the date of the award of a 2 shall take effect on the date of enactment entities that own a diesel vehicle or fleet; or grant, rebate, or loan by a State, the State of this Act. ‘‘(B) to upgrade diesel vehicles or equip- shall publish on the Web site of the State— ment with verified or Environmental Protec- ‘‘(A) for rebates, grants, and loans provided SA 4819. Mr. DORGAN (for Mr. tion Agency-certified engines or tech- to the owner of a diesel vehicle or fleet, the VOINOVICH (for himself and Mr. CAR- nologies, or to arrange financing for such up- total number and dollar amount of rebates, PER)) proposed an amendment to the grades. grants, or loans provided, as well as a break- bill H.R. 5809, to amend the Energy ‘‘(f) PUBLIC NOTIFICATION.—Not later than down of the technologies funded through the 60 days after the date of the award of a rebates, grants, or loans; and Policy Act of 2005 to reauthorize and grant, rebate, or loan, the Administrator ‘‘(B) for other rebates, grants, and loans, a modify provisions relating to the diesel shall publish on the website of the Environ- description of each application for which the emissions reduction program; as fol- mental Protection Agency— grant, rebate, or loan is provided.’’. lows:

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10415 Amend the title so as to read: ‘‘An Act to amend title 28, United States Code, to Business Technology Transfer Pro- amend the Energy Policy Act of 2005 to reau- clarify and improve certain provisions gram, and for other purposes; as fol- thorize and modify provisions relating to the relating to the removal of litigation lows: diesel emissions reduction program.’’. against Federal officers or agencies to In the amendment, strike ‘‘immediately’’ SA 4820. Mrs. HUTCHISON (for her- Federal courts, and for other purposes; and insert 5 days. self, Mr. WICKER, Mr. ENSIGN, Mr. as follows: ISAKSON, Mr. THUNE, Mr. DEMINT, Mr. At the end, insert the following: SA 4829. Mr. REID proposed an CORNYN, and Mr. COBURN) submitted an The provisions of this Act shall become ef- amendment to the bill H.R. 2965, to amendment intended to be proposed by fective 6 days after enactment. amend the Small Business Act with re- her to the bill H.R. 3082, making appro- spect to the Small Business Innovation SA 4823. Mr. REID proposed an priations for military construction, the Research Program and the Small Busi- amendment to amendment SA 4822 pro- Department of Veterans Affairs, and ness Technology Transfer Program, posed by Mr. REID to the bill H.R. 5281, related agencies for the fiscal year end- and for other purposes; as follows: to amend title 28, United States Code, ing September 30, 2010, and for other At the end, insert the following: to clarify and improve certain provi- purposes; which was ordered to lie on The Senate Armed Services Committee is sions relating to the removal of litiga- the table; as follows: requested to conduct a study on the impact tion against Federal officers or agen- of implementing these provisions on the At the appropriate place, insert the fol- family of military members. lowing: cies to Federal courts, and for other SEC. lll. None of the funds appropriated purposes; as follows: by this Act may be used by the Federal Com- In the amendment, strike ‘‘6’’ and insert SA 4830. Mr. REID proposed an munications Commission to adopt or imple- ‘‘5’’. amendment to amendment SA 4829 pro- ment, or otherwise bring or litigate any posed by Mr. REID to the bill H.R. 2965, claim or otherwise intervene in, join, par- SA 4824. Mr. REID proposed an to amend the Small Business Act with ticipate, or support any claim in any Federal amendment to the bill H.R. 5281, to respect to the Small Business Innova- or State court relating to any— amend title 28, United States Code, to tion Research Program and the Small (1) open Internet-based rules, protocols, or clarify and improve certain provisions Business Technology Transfer Pro- standards; or relating to the removal of litigation (2) rules, protocols, or standards regulating gram, and for other purposes; as fol- the behavior of broadband Internet access against Federal officers or agencies to lows: service providers with respect to discrimina- Federal courts, and for other purposes; At the end, add the following: tion of broadband traffic, network manage- as follows: ‘‘and that the study should focus attention ment practices, managed services, special- At the end, insert the following: on the dependent children’’. ized services, or paid prioritization. The Senate Judiciary Committee is requested to conduct a study, nationwide, on SA 4831. Mr. REID proposed an SA 4821. Mr. ROCKEFELLER (for the impact of any delay in implementing the amendment to amendment SA 4830 pro- himself and Ms. MURKOWSKI) submitted provisions of this Act. posed by Mr. REID to the amendment an amendment intended to be proposed SA 4829 proposed by Mr. REID to the by him to the bill H.R. 3082, making ap- SA 4825. Mr. REID proposed an bill H.R. 2965, to amend the Small Busi- propriations for military construction, amendment to amendment SA 4824 pro- ness Act with respect to the Small the Department of Veterans Affairs, posed by Mr. REID to the bill H.R. 5281, Business Innovation Research Program and related agencies for the fiscal year to amend title 28, United States Code, and the Small Business Technology ending September 30, 2010, and for to clarify and improve certain provi- Transfer Program, and for other pur- other purposes; which was ordered to sions relating to the removal of litiga- poses; as follows: tion against Federal officers or agen- lie on the table; as follows: At the end, add the following: At the end of title II of division G, insert cies to Federal courts, and for other ‘‘include any data which might impact the following: purposes; as follows: local communities’’. SUSPENSION OF CERTAIN EPA ACTION At the end, insert the following: SEC. lll. (a) Except as provided in sub- ‘‘and include specific data on the impact of SA 4832. Ms. SNOWE submitted an section (b), notwithstanding any provision of families who would benefit from the Act, and amendment intended to be proposed by the Clean Air Act (42 U.S.C. 7401 et seq.), dur- submit the data within 5 days of enactment. her to the bill H.R. 3082, making appro- ing the 2-year period beginning on the date priations for military construction, the SA 4826. Mr. REID proposed an of enactment of this Act, the Administrator Department of Veterans Affairs, and of the Environmental Protection Agency amendment to amendment SA 4825 pro- related agencies for the fiscal year end- may not take any action under the Clean Air posed by Mr. REID to the amendment ing September 30, 2010, and for other Act (42 U.S.C. 7401 et seq.) with respect to SA 4824 proposed by Mr. REID to the purposes; which was ordered to lie on any stationary source permitting require- bill H.R. 5281, to amend title 28, United the table; as follows: ment or any requirement under section 111 of States Code, to clarify and improve that Act (42 U.S.C. 7411) relating to carbon certain provisions relating to the re- At the appropriate place, insert the fol- dioxide or methane. lowing: (b) Subsection (a) shall not apply to— moval of litigation against Federal of- SEC. ll. VEHICLE WEIGHT LIMITATIONS. (1) any action under part A of title II of the ficers or agencies to Federal courts, Clean Air Act (42 U.S.C. 7521 et seq.) relating and for other purposes; as follows: Section 194 of the Consolidated Appropria- to the vehicle emissions standards contained tions Act, 2010 (Public Law 111–117) is amend- In the amendment, strike ‘‘5’’ and insert ed— in Docket No. EPA–HQ–OAR–2009–0171 or ‘‘2’’. Docket No. EPA–HQ–OAR–2009–0472; (1) in subsection (b), by striking ‘‘be in ef- (2) any action relating to the preparation fect during the 1-year period beginning’’ and SA 4827. Mr. REID proposed an inserting ‘‘take effect’’; and of a report or the enforcement of a reporting amendment to the bill H.R. 2965, to requirement; or (2) by striking subsection (c). (3) any action relating to the provision of amend the Small Business Act with re- technical support at the request of a State. spect to the Small Business Innovation f (c) Notwithstanding any other provision of Research Program and the Small Busi- law, no action taken by the Administrator of ness Technology Transfer Program, AUTHORITY FOR COMMITTEES TO the Environmental Protection Agency before and for other purposes; as follows: MEET the end of the 2-year period described in sub- At the end, insert the following: SELECT COMMITTEE ON INTELLIGENCE section (a) shall be considered to make car- The provisions of this Act shall become ef- bon dioxide or methane a pollutant subject fective immediately. Mr. KERRY. Mr. President, I ask to regulation under the Clean Air Act (42 unanimous consent that the Select U.S.C. 7401 et seq.) for any source other than SA 4828. Mr. REID proposed an Committee on Intelligence be author- a new motor vehicle or new motor vehicle amendment to amendment SA 4827 pro- ized to meet during the session of the engine, as described in section 202(a) of that Act (42 U.S.C. 7521(a)). posed by Mr. REID to the bill H.R. 2965, Senate on December 16, 2010, at 2:30 to amend the Small Business Act with p.m. SA 4822. Mr. REID proposed an respect to the Small Business Innova- The PRESIDING OFFICER. Without amendment to the bill H.R. 5281, to tion Research Program and the Small objection, it is so ordered.

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10416 CONGRESSIONAL RECORD — SENATE December 16, 2010 PRIVILEGES OF THE FLOOR So I think this is a great victory for The PRESIDING OFFICER. Yes, the Mr. REID. Mr. President, on behalf of the American people today because we Senator from Arizona has the floor. Senator SHAHEEN, I ask unanimous would have spent $1.1 trillion, at least Mr. MCCAIN. I appreciate the regular consent that Roger Thoman, a legisla- $8 billion of it, $8.3 billion, in earmarks order. tive fellow in her office, be permitted that had never had a hearing, that had This may be a seminal moment in floor privileges during the consider- never had any scrutiny, had never seen the recent history of the Senate. This ation of the START Treaty and any the light of day, but had been put in by may be a seminal moment that stops votes related to that matter. very powerful Members of this body on the practice which has moved power all The PRESIDING OFFICER. Without the Appropriations Committee. to the appropriators in this body—a objection, it is so ordered. So I would like to extend my grati- few—and taken it away from the rest Mr. SESSIONS. Mr. President, I ask tude to the American people, the tea of us and may return us to an author- unanimous consent that CDR Brent partiers, those who have aligned them- izing and then appropriating process. Breining, a defense legislative fellow selves with the cause to stop the spend- But most importantly, I think it is a assigned to my office, be granted floor ing and the mortgaging of our chil- seminal moment because for the first privileges for the remainder of the de- dren’s and grandchildren’s future. We time since I have been here, we stood bate on treaty No. 111–5, the New have amassed a $40,000 debt for every up and said: Enough. Stop. START Treaty. man, woman, and child in America. Mr. KIRK. I congratulate the Sen- The PRESIDING OFFICER. Without The latest commission that reported ator. objection, it is so ordered. out clearly indicated we are on a colli- Mr. MCCAIN. Thank you. Mr. CARDIN. Mr. President, I ask sion course that could bring down the Mr. President, I yield the floor unanimous consent that floor privi- very economy of this country. The PRESIDING OFFICER. The Sen- leges be granted to CDR Andre Cole- So I am encouraged greatly by the ator from Missouri. man, a Department of Defense Fellow, action taken tonight to do away with Mrs. MCCASKILL. Mr. President, I who has been extremely helpful in my this monstrosity and go back to maybe agree with my colleague from Arizona office, from the Department of the a one-page continuing resolution to on many things when it comes to ap- Navy, during the Senate’s consider- keep the government in business until propriations, including that I have ation in executive session of Treaty the new Members of Congress and the made a decision that earmarking is not Document 111–5, the New START Trea- new Members of this body who were a process that I think is the appro- ty. elected last November can have their priate way to spend public money. But The PRESIDING OFFICER. Without voices heard in the deliberations of this I am a little confused about some of objection, it is so ordered. body and how their tax dollars are dis- the righteous indignation coming from the Republican side of the aisle about f pensed with and how those that are borrowed are dispensed. this bill. CONTROLLING SPENDING I see the Senator from Missouri is The omnibus 2010 they have sitting Mr. MCCAIN. Mr. President, I would about to speak. I wish to thank her for out there—they are wanting the Amer- like to note that we just saw a rather her efforts in trying to bring about an ican people to think this document extraordinary event on the floor of the end to this spending spree. came from Democrats. They want the Senate. I first came to the U.S. Senate So I again wish to express my grati- American people to think that omnibus in 1987, and I saw the practice of ear- tude to all Members, including espe- 2010, all of those pages sitting there, marking and porkbarrel spending grow cially the tough decision made by the were done by Democrats. They weren’t and grow and grow, to the point where Republican members of the Appropria- done by Democrats. Those pages were last November 2 the American people tions Committee, to stand so we could done by Democrats and Republicans. overwhelmingly rejected this practice stop this thing in its tracks. I want to Every bit of that document was drafted of out-of-control spending and debt thank the American people whose by Republicans and Democrats, right that we have laid on our children and voices were heard in this body, and down to the earmarks. And for the mi- our grandchildren. that forced the decision that was made nority leader to stand here and act as I also, along with the Republican today. if this document is something that is leader, would like to thank our mem- Mr. KIRK. Mr. President, will the the fault of the Democratic Party when bers of the Appropriations Committee, Senator yield for a question? he well knows he has been involved—I who clearly heard that message and Mr. MCCAIN. Yes. have been involved in terms of trying heard the outcry when the American Mr. KIRK. As the most junior people, to get the number down, and I am glad people began to become aware of what for those who don’t understand what we succeeded in getting the number was contemplated to be done in the just happened, did we just win? down, as has been referenced, to the Congress of the United States. This Mr. MCCAIN. I think there is very Sessions-McCaskill number, but this outcry reverberated all over America, little doubt. The majority leader of the was a bipartisan effort to get the num- including the State of Arizona. And the U.S. Senate would not have taken the ber down. outcry was finally heard by at least 42 action he just took if he didn’t have 41 The irony is, guess who has earmarks Members on this side of the aisle. votes to stop this monstrosity. in there. The minority leader, who just So I appreciate the fact the majority Mr. KIRK. So for economic conserv- voted on a moratorium for earmarks 10 leader has agreed to a continuing reso- atives, a 1,924-page bill just died? minutes ago. Did he pull his earmarks Mr. MCCAIN. A 1,924-page bill just lution. But have no doubt as to why it out? No. Did any of the Republicans died. happened. It happened because the ma- Mr. KIRK. And 6,000 earmarks will who voted for a moratorium on ear- jority leader didn’t have the votes. He not now move forward? marks pull their earmarks out before didn’t have 60 votes that would have Mr. MCCAIN. Yes. I feel badly about this bill came to the floor? We could then allowed for this monstrosity to be some of those earmarks because I had have eliminated a few pages. So I just foisted off on the American people. so much fun with them. don’t think the righteous indignation So I wish to thank Members here on Mr. KIRK. All of the GOP Senators works. this side of the aisle, and some on the just signed a letter to the leadership This was a bipartisan effort, drafted other side, who also said they were this morning saying we should not by Republicans and Democrats. It came ready to stand up against this. But move forward with this as representa- to the floor after months of work by most of all, I wish to thank the Amer- tives of the new mandate. It seems that Democrats and Republicans. It was pre- ican people. I thank those who made change has come to the Senate tonight sented to this body in a bipartisan way the calls, those who sent the e-mails, with the death of this $1.1 trillion bill. to vote on. I wasn’t going to vote for it. those who stood up and called in to the Mr. MCCAIN. I have no doubt. I am against it. So I think I have a talk shows all over America and said: Mrs. MCCASKILL. Mr. President, slight bit of credibility to call these We have had enough. Haven’t they lis- I—— guys on this notion that this is some- tened to the message we were trying to Mr. MCCAIN. I am not finished. Do I thing that sprung from nowhere out of send on November 2? have the floor? some back room on the Democratic

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10417 side of the aisle. This sprung from a bi- The page is going to turn here soon. didly, I am. I am glad you guys man- partisan effort of the Appropriations The year is going to end. The holidays aged to get everybody to not vote for it Committee, and every Member on that will come, and we will be able to share because I am opposed to it. But what I side of the aisle knows it. They know a few moments with our families and think was most offensive was trying to it. And they know the earmarks in then come back. What I hope is that in trot this bill out here and put a label there—there are almost $700 million of spite of all that has happened—and on it and try to say to the American earmarks in there from people who again, I did not support this piece of people that this was something that voted on a moratorium on earmarks. legislation for lots of reasons—many, was done at the eleventh hour to be That is like being half-pregnant. many reasons. I do agree, though, there jammed down people’s throats. This They should have said, before this was a ceiling that was set. I agree this was something done in a bipartisan bill ever came to the floor—and they is going to cause some damage. But it way. THAD COCHRAN had a huge role in were asked: Would you like your ear- was the right thing. It was the right that bill, as did every other ranking marks pulled out? No, no. They were thing for this bill not to go forward, member on all of the subcommittees on perfectly willing to vote no and take and I hope what we will end up with appropriations. So it is offensive to those earmarks home. and have is a continuing resolution me—it is not that we are defeating the So, on one hand, I would have voted that will take us for several months. omnibus. I like that. But what is offen- no had we had the vote, and I said that Then I would say to the Senator from sive to me is that we have gotten into from day one. I voted no on the omni- Missouri that I look forward to work- this bad habit of trying to score cheap bus last year. I voted no on another ing with her. I look forward to working political points. And for Senators to omnibus because I don’t think it is the with the Senator from Illinois so we come to this floor and say ‘‘we won’’ right way to appropriate. But this is an can put in place a construct so that we and do this kind of stuff when you equal-opportunity sin. The problems know where it is we are going. Each know how many Republicans worked with this process don’t lie on one side year, it is not just that the appropria- hard on provisions in that bill—and, in of the aisle; they lie on both sides of tions bills don’t necessarily come for- fact, Republicans worked hard—frank- the aisle. And the notion that the Re- ward, and it happens—it has happened ly, harder than our side did on publicans are trying to say this is just in years past. I understand that. They McCaskill-Sessions. about the Democrats is the kind of hy- don’t necessarily come forward in a We had 17 Democrats supporting it. pocrisy that gives us the lowest ratings way that allows us to spend time with You had unanimous support. I was we have in terms of confidence of the them—one a week or maybe two a pleased that we came together in that American people. week or whatever. But it is also that bipartisan way to bring the number We need to own up here. This is not we don’t really know where it is we are down. We won in bringing the number about the Democrats. This is about going. We don’t really have a construct down to the level Republicans wanted, both sides of the aisle and a flawed ap- that is taking us to a place over time. along with 17 Democrats. That is what propriations process that couldn’t get So it is my hope that we will either Sessions-McCaskill was. I think if we to the floor because of a lot of obstruc- vote on something bold relating to def- can go forward in the manner the Sen- tionism, and when it finally did get to ator from Tennessee has spoken of, the floor, it came in one package. But icit reduction and tax reform or that it is not fair for the Republicans to act we will put in place a construct to take then it is important that we quit try- as though all those pages came from us where we need to go. ing to mislead somehow the American I don’t think it does any good to cast the Democratic side of the aisle. They people that the bill we were going to blame, candidly. We are where we are. certainly did not. consider was the product of the Demo- I yield the floor. I think the Senate is taking actions cratic Party, because it wasn’t. That is The PRESIDING OFFICER. The Sen- that are appropriate and responsible by what causes frayed feelings. ator from Tennessee. moving to a short-term CR. The thing You know, the Senator from Ten- Mr. CORKER. Mr. President, I wish I think is most beneficial to us about nessee and I have had long discussions. to thank the Senator from Missouri for that is it allows us to very quickly, in He was surprised to hear about how her work in setting the ceiling that February or March, start moving to- angry we were on this side and some of was adhered to. I don’t support this ward a downward trending line that I the tactics that were being used. I was bill, and I didn’t ask for any earmarks, think is much better for our country. surprised to hear about how angry and I know the Senator from Missouri I see the Senator from Missouri some of the Senators on the Repub- did not ask for any earmarks. standing. I think there is a lot we as a lican side were at some of the tactics I think there have been a lot of body have to work on together. That, that were being used. If there is going frayed feelings, no question. I think we to me, is the most important thing be- to be a moment that we come together, all know that even at the levels—and I fore us, and I hope when we come back then we need to work a little harder at would say that I think the appropri- we will all work very hard to make not scoring cheap political points such ators did agree to a number that was that happen. as were scored a few minutes ago by passed out here on the floor. But I The PRESIDING OFFICER. The Sen- the minority leader. think we know that even at those lev- ator from Missouri. The PRESIDING OFFICER. The Sen- els, spending is higher than it should Mrs. MCCASKILL. Let me just say ator from Alaska is recognized. be. that had the tone of the minority lead- Mr. BEGICH. Mr. President, I say to What I would ask is that the Senator er’s remarks been the same as the Sen- the Senator from Tennessee, I signed from Missouri and I continue to work ator from Tennessee, I probably on to the Sessions-McCaskill bill be- together. I know we have an amend- wouldn’t have felt as passionately as I cause I think we need to get some- ment that was going to be a part of did. I agree with the Senator from Ten- where with the deficit. We signed a res- whatever passed to really cap spending nessee about the vote on this bill. I olution letter to get it under control. I and drive it down to the appropriate have publicly said I wouldn’t support wasn’t planning to speak. I was going level of spending relative to our gross it. I didn’t support it for a number of to head home. But it triggered me domestic product. I know it is going to reasons. But if we want to work to- when one of our colleagues on that side take both sides of the aisle to do that. gether, then we have to quit trying to said, ‘‘who wins tonight?’’ That is not I know we have had a deficit reduction score cheap political points. what this should be about. It is not commission that has just reported and The notion that the minority floor who wins or loses. The American peo- has done some great work. The Senator leader tried to give to the American ple are losing every day that we have from Illinois, to his credit, coura- people that this bill was somehow con- this bickering that goes on. Honestly, I geously supported that. cocted in some back room by Demo- didn’t see the pile of paper with the So there are a lot of frayed feelings crats—everybody knows that is not logo on it until I got to my seat. That right now. There is a lot that has been true. Everybody knows that until is not necessary for us to get on with attempted to be done here at the end. about 8 hours ago, there were a bunch our business. I know that has created a lot of con- of Republicans voting for this. Now, am I was listening to the Senator from flict. I glad they are not voting for it? Can- Tennessee, who was a former mayor,

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10418 CONGRESSIONAL RECORD — SENATE December 16, 2010 and I was a former mayor. He was talk- I want to put what happened tonight We cannot let that happen. It is not ing like a mayor. That is what we need into some perspective in light of the in the interest of either political party. here, people who think in the long deficit commission. First, the Omnibus We have to find the right combination term, how we get there. That is where appropriations bill. The total amount that moves us toward long-term deficit we need to go. I didn’t come here to being spent there was $1.108 trillion. reality but the short-term economic re- hear the bickering that just went on a The amount of that bill that was ear- ality we face. I think the deficit com- little bit ago and see the prop that was marked for specific projects was less mission got the right balance. I hope brought out. That is not why Alaska than 1 percent of that—$8 billion out of we can build on that. I say to Senator sent me here. $1.108 trillion. That is less than 1 per- CORKER and Senator ALEXANDER, if at Who wins and loses? My State of cent. And that was within the total the end of the day those of us in the Alaska is losing tonight, because we amount we were limited to spend. It Senate who voted for the deficit com- cannot get our work done after a year. wasn’t as if we added it on. We were mission—in this case, it would be Sen- Almost a quarter of the Senate sat and given a total amount, and less than 1 ator CONRAD, Senator CRAPO, Senator worked on this in multiple committees percent of it was earmarked as to COBURN, and myself—if we could reach to get this bill to us. Here we are. We where it was going, with complete the point where we come together in a can argue the timing and all that, but transparency and disclosure. Again, it bipartisan budget resolution based on the fact is, I look to both Democrats was $8 billion. that deficit commission, if we have a and Republicans on the Appropriations It troubles me when I hear Members Senate budget resolution—and take the Committee. I listen to them, and my come to the floor, as some did a few word ‘‘bipartisan’’ out of it—that re- staff works with them to hear about minutes ago on the other side, saying flects the feelings of that deficit com- the bill that is being put together. I am we put an end to porkbarrel spending, mission, then that commission will impressed all the time when I hear the and now we are dealing with our def- have been a success and put us on the votes that come out of there. They are icit. Well, $8 billion is a lot of money to right track, and we can stand strong almost unanimous. That is rare in this anybody, but in the context of the debt together. world we live in here. We cannot con- we face as a nation and the need to ad- I hope you agree that would be the tinue to bring props like that down and dress it, it is not significant. It is not best thing for this country. I hope we say who wins and loses, and then giggle significant in that context. can reach that point. I thank the Sen- about it as they leave the floor. I think about the fact that yesterday The public is fed up with that. If most of us voted—81 of us—for a tax ator for his kind words. The PRESIDING OFFICER. The Sen- there is one thing they told us in No- bill, and included in that tax bill were ator from Tennessee, Mr. ALEXANDER, vember, it was to get busy and quit the tax cuts for people who were pretty is recognized. gamesmanship. So I am looking for- well off in America; $20 billion a year Mr. ALEXANDER. Mr. President, I ward to the Senator’s comments. We in tax cuts for the richest estates in congratulate my colleague from Ten- had a very productive meeting talking America to escape Federal taxation— nessee, Senator CORKER, for his usual about tax reform, deficit management, $20 billion. We voted yesterday, and common sense, as well as the assistant and how we need to control spending. there weren’t a lot of high-fives and Democratic leader, Senator DURBIN, for That is the direction we have to go in. glorious speeches given about the fact his courage on the debt commission. But we are not going to get there with that we were adding $20 billion to the I believe that the decision made to- these games. I know both sides—and deficit with that vote yesterday for the night about the omnibus bill is best for you are right, we should not cast wealthiest people in America. And $70 the country, but there could have been blame. We are all at fault here. This billion of it was for tax cuts for people a better result. It would have been may be the moment that we finally say making over a million dollars a year. along the lines of what the Senator to ourselves, no more show and tell, no Nobody came here and talked about from Illinois described. If we had been more gimmicks. Let’s get serious, and deficits then. In fact, it was considered able earlier in the year to agree on a the winners should be the American out of bounds. budget in the Senate, which is how people. I sat here and listened to the We decided yesterday, on a bipartisan much are we going to spend, and if we Senator and I feel like the mayor was basis—and I joined in—that getting coming out of him. As a former mayor, this economy moving again was criti- could have gone committee by com- he has had to reach across to both cally important. That is why I voted mittee—and there are 13 subcommittees, and we both serve on the Appro- sides. Senator GREGG said in his fare- for it—even though two of those provi- well speech that we get work done be- sions I particularly loathe. That is the priations Committee—and we could tween the 40 yard lines. He is right. We nature of a compromise. have brought those to the floor by Au- have to get back there and quit being I want us to remember, as we talk gust, voted on them, and got on with it on the fringes for the media that sits about going to CRs and reducing spend- so the government could run, that up here, and wherever else they watch ing, the tax bill we passed yesterday, would by far be a better result. us from. which the House may pass today, is a There is no need to say why that I am looking forward to maybe going stimulus to a weak economy, in an ef- didn’t happen, whether it was a Demo- home and getting a good night’s sleep fort to help businesses, help individuals cratic or Republican fault. It didn’t and coming back with a fresh attitude create more demands for goods and happen. So that falls on all of us to tomorrow. I am controlling my emo- services, and create more jobs and re- look ahead and see if it can’t happen in tions as best I can tonight. The words duce unemployment. That is what it is. the future. I believe it can. In fact, I of the Senator from Tennessee—I wish As we take spending out of the Fed- believe that it must. We have a time those were the words that started the eral side of this equation, we are re- coming up next year when we will be debate tonight. That is not what hap- moving money from the economy. The asked to raise the debt ceiling. We will pened. I look forward to whatever we deficit commission was sensitive to have before us a recommendation from can do to get through this maze and this and said that before you start the the debt commission that five of the get on with the show and get what the cuts in spending for deficit reduction, six Senators who served on it voted for. American people are looking for, and get well, get the patient well first. They stuck their necks way out to do that is results from the Congress Stop the bleeding before you address that. The Senator from Illinois, the maybe will go from 13 percent popu- the fractured bone. Stop the bleeding Senator from North Dakota, and three larity to 14 percent approval. of the recession. That is why the def- Republican Senators, as well. So I Thank you, Mr. President. I yield the icit commission did not call for signifi- think it is incumbent upon all of us— floor. cant spending cuts until January of we can find points of division fairly Mr. DURBIN. Mr. President, I thank 2013. We talked about it for a long easily. That is not hard to do. Finding my colleague from Tennessee for the time. If we let the deficit break—and points of consensus is harder. Cutting kind words about the deficit commis- that is what we are going to hear, I am taxes is easier. Reducing the debt is sion. It was a controversial vote. I afraid, for some time to come—too going to be harder. think it was the right vote to deal with early, this economy is going to sputter So in the next 3 or 4 months, when we our deficit and the problems we face. and fail. come back, I hope we will build on the

VerDate Mar 15 2010 02:51 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S16DE0.REC S16DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 16, 2010 CONGRESSIONAL RECORD — SENATE S10419 conversation that I heard earlier this comes up, which will be in April, May, tive session to resume consideration of week with Senators WARNER and or maybe the first week in June, it the New START treaty. CHAMBLISS, and a group of nearly 20 seems to me that is the next moment The PRESIDING OFFICER. Without Senators on both sides, who committed in the Senate. objection, it is so ordered. themselves to work on the debt com- I talked with some of the members of f mission. I hope we can, in the Appro- the deficit reduction commission on priations Committee, start out the my side and certainly look forward to PROGRAM year with some way of agreeing on a talking to the Senator from Illinois Mrs. MCCASKILL. Mr. President, the ceiling, and then work together to about the same thing. I hope there is a START treaty will be open to amend- work within that ceiling so we can run way that we actually vote on some- ments tomorrow. Senators are encour- the government. thing that is real and not kick this aged to come to the floor to offer and A continuing resolution for a year is down the road with some meaningless debate their amendments. Rollcall a lousy way to run a government. It resolution that makes the American votes are possible to occur throughout wastes money, because you end up people think we have done something, the day. funding things that should be cut and when in actuality we have done noth- not funding things that need increases. ing and just kicked it down the road. f I think this was the right result for the I thank the Chair and I hope that is ADJOURNMENT UNTIL 9:30 A.M. American people of the choices we had the case. TOMORROW tonight. But there could be a better I yield the floor. Mrs. MCCASKILL. Mr. President, if choice. It is our responsibility to see Mr. DURBIN. Mr. President, I sug- there is no further business to come be- next year if we can offer ourselves, and gest the absence of a quorum. fore the Senate, I ask unanimous con- therefore the American people, that The PRESIDING OFFICER. The sent that it stand adjourned under the choice. clerk will call the roll. previous order. I thank the Chair and yield the floor. The legislative clerk proceeded to There being no objection, the Senate, The PRESIDING OFFICER. The Sen- call the roll. at 8:36 p.m., adjourned until Friday, ator from Tennessee is recognized. Mrs. MCCASKILL. Mr. President, I December 17, 2010, at 9:30 a.m. Mr. CORKER. I also thank the Sen- ask unanimous consent that the order ator from Illinois. I thank the senior for the quorum call be rescinded. f Senator from Tennessee, who is always The PRESIDING OFFICER. Without CONFIRMATIONS doing and saying the right thing from objection, it is so ordered. Executive nominations confirmed by the floor and leads us in such a great f way. the Senate, Thursday, December 16, I say to the Senator from Illinois, ORDERS FOR FRIDAY, DECEMBER 2010: through the Chair, I hope there is some 17, 2010 THE JUDICIARY way that we don’t let what happened Mrs. MCCASKILL. Mr. President, I CATHERINE C. EAGLES, OF NORTH CAROLINA, TO BE over the course of the last 3 months on ask unanimous consent that when the UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DIS- TRICT OF NORTH CAROLINA. the deficit reduction commission go to Senate completes its business today, it KIMBERLY J. MUELLER, OF CALIFORNIA, TO BE UNITED waste. I fear that what is happening adjourn until 9:30 a.m. on Friday, De- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF CALIFORNIA. right now is that people are beginning cember 17; that following the prayer JOHN A. GIBNEY, JR., OF VIRGINIA, TO BE UNITED to talk about some kind of situation and pledge, the Journal of proceedings STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF VIRGINIA. where we then revisit all of these be approved to date, the morning hour JAMES KELLEHER BREDAR, OF MARYLAND, TO BE things for the next year or so. I know be deemed expired, the time for the two UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF MARYLAND. I am not privy to all the details that leaders be reserved for their use later THE ABOVE NOMINATIONS WERE APPROVED SUBJECT all of you worked on for so long, but I in the day; that following any leader TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY do think when this debt ceiling vote remarks, the Senate proceed to execu- CONSTITUTED COMMITTEE OF THE SENATE.

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