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, TUESDAY, DECEMBER 21, 2010 No. 172 Senate The Senate met at 9:30 a.m. and was Chamber. Make strong in the hearts of not be obtained at the price of compro- called to order by the Honorable all our Senators what unites them. mising truth, but by the devotion with JEANNE SHAHEEN, a Senator from the Build bridges across all that divides which each lawmaker passionately State of New Hampshire. them, so that they will respect their loves this Nation and sincerely seeks to keep it strong and free. PRAYER differences while working together to keep our Nation secure. Remove the di- Today, let truth prevail over distor- The Chaplain, Dr. Barry C. Black, of- tion, wisdom triumph over reckless- fered the following prayer: visions that drive wedges of rancor be- Let us pray. tween them, and lead them away from ness, and faith vanquish fear. God, creator of us all, during this the confrontational to a concord that We pray in Your merciful Name. season of goodwill, bring peace to this seeks mutual progress. May this unity 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 JEANNE SHAHEEN led Washington, DC, December 21, 2010. the Pledge of Allegiance, as follows: The PRESIDING OFFICER. The To the Senate: clerk will please read a communication Under the provisions of rule I, paragraph 3, I pledge allegiance to the Flag of the of the Standing Rules of the Senate, I hereby United States of America, and to the Repub- to the Senate from the President pro appoint the Honorable JEANNE SHAHEEN, a lic for which it stands, one nation under God, tempore (Mr. INOUYE). indivisible, with liberty and justice for all. The bill clerk read as follows:

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

S10849

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President pro tempore. treaty because it allows for inspection The Administration submitted an update to that report last month, and we now project Mrs. SHAHEEN thereupon assumed of Russian warheads and because our the chair as Acting President pro tem- over $85 billion in spending over the next military leaders say it does nothing to decade. pore. interfere with the development of a I recognize that nuclear modernization re- f missile defense system. quires investment for the long-term, in addi- I will vote for the treaty because the tion to this one-year budget increase. That is RECOGNITION OF THE MAJORITY last six Republican Secretaries of my commitment to the Congress—that my LEADER State support its ratification. In short, Administration will pursue these programs The ACTING PRESIDENT pro tem- I am convinced that Americans are and capabilities for as long as I am Presi- dent. pore. The majority leader is recog- safer and more secure with the New In future years, we will provide annual up- nized. START treaty than without it. Last dates to the 1251 report. If a decision is made f week, I joined Senators INOUYE, COCH- to limit non-defense discretionary spending RAN, and FEINSTEIN in a letter to the in any future budget requests, funding for SCHEDULE President stating that we will vote to nuclear modernization in the NNSA weapons Mr. REID. Madam President, fol- ratify the treaty and to appropriate activities account will be considered on the same basis as defense spending. lowing leader remarks, Senator ALEX- funds to modernize our outdated nu- clear weapons facilities and that he, In closing, I thought it important for you ANDER will be recognized to speak in to know that over the last two days, my Ad- morning business for up to 10 minutes. the President, requests those funds in ministration has worked closely with offi- Following his remarks, the Senate will his budget. cials from the Russian Federation to address resume consideration of the House Last night, I received a response to our concerns regarding North Korea. Because message with respect to H.R. 3082, the the President saying he would do so. I of important cooperation like this, I con- continuing resolution. There will be 10 ask unanimous consent to have printed tinue to hope that the Senate will approve minutes of debate for Senator INOUYE both letters in the RECORD. the New START Treaty before the 111th Con- gress ends. and 15 minutes for Senator MCCAIN There being no objection, the mate- Sincerely, prior to that vote. Therefore, Senators rial was ordered to be printed in the BARACK OBAMA. should expect a vote to begin about RECORD, as follows: 10:15 on the motion to invoke cloture U.S. SENATE, Mr. ALEXANDER. Madam President, on the motion to concur to the House Washington, DC, December 16, 2010. why are these two so necessarily amendment to the Senate amendment THE WHITE HOUSE, linked—the treaty and the plan for nu- 1600 Pennsylvania Avenue, NW, clear weapons modernization? The an- to H.R. 3082, with amendment No. 4885, Washington, DC. which is the text of the continuing res- swer is, if we are going to reduce our DEAR MR. PRESIDENT: We are writing to ex- number of warheads, we want to make olution that funds the government press our support for ratification of the New sure we are not left with what amounts through March 4, 2011. START Treaty and full funding for the mod- If cloture is invoked, I will work with ernization of our nuclear weapons arsenal, as to a collection of wet matches. Defense the Republican leader on a time to outlined by your updated report that was Secretary Gates said: complete action on the CR. It is impor- mandated by Section 1251 of the Defense Au- There is absolutely no way we can main- tant to send it over to the House very thorization Act for Fiscal Year 2010. tain a credible deterrent and reduce the We also ask that, in your future budget re- number of weapons in our stockpile without quickly so they have sufficient time to quests to Congress, you include the funding either resorting to testing our stockpile or pass it before funding runs out this identified in that report on nuclear weapons pursuing a modernization program. evening at midnight. modernization. Should you choose to limit In a November 24 statement, Sen- Upon disposition of the CR, the Sen- non-defense discretionary spending in any ators KYL and CORKER said they ‘‘could ate will proceed to vote on the motion future budget requests to Congress, funding not support reductions in U.S. nuclear to invoke cloture on the New START for nuclear modernization in the National forces unless there is adequate atten- treaty. Nuclear Security Agency’s proposed budgets should be considered defense spending, as it tion to modernizing those forces and Last week, we were able to lock in a is critical to national security and, there- the infrastructure that supports time agreement to consider two dis- fore, not subject to such limitations. Fur- them.’’ trict judge nominations. It is my hope ther, we ask that an updated 1251 report be Senators KYL and CORKER deserve we will be able to debate and vote on submitted with your budget request to Con- credit for untiring efforts to fund prop- those judges this afternoon. gress each year. erly nuclear modernization. President Senators will be notified when any We look forward to working with you on Obama deserves credit for updating the votes are scheduled. the ratification of the New START Treaty and modernization of the National Nuclear nuclear modernization plan in such a f Security Agency’s nuclear weapons facili- significant way. ties. This represents a long-term commit- RESERVATION OF LEADER TIME I have reviewed that so-called ‘‘1251 ment by each of us, as modernization of our plan’’ completed November 17 of this The ACTING PRESIDENT pro tem- nuclear arsenal will require a sustained ef- year, which calls for spending $85 bil- fort. pore. Under the previous order, leader- lion over the next 10 years. I have vis- ship time is reserved. Sincerely, DANIEL INOUYE. ited our outdated nuclear weapons fa- f DIANNE FEINSTEIN. cilities. I am convinced the plan’s im- plementation will make giant steps to- MORNING BUSINESS THAD COCHRAN. LAMAR ALEXANDER. ward modernization of those facilities The ACTING PRESIDENT pro tem- so that we—and our allies and adver- pore. Under the previous order, the THE WHITE HOUSE, saries—can be assured that the weap- Senator from Tennessee is recognized Washington DC, December 20, 2010. ons will work if needed. in morning business for up to 10 min- Hon. LAMAR ALEXANDER, U.S. Senate, The President’s statement that he utes. Washington, DC. will ask for these funds and the support f DEAR SENATOR ALEXANDER: Thank you for of senior members of the Appropria- your letter regarding funding for the mod- tions Committee means that the plan NEW START TREATY ernization of the nuclear weapons complex is more likely to become a reality. The Mr. ALEXANDER. Madam President, and for your expression of support for ratifi- President agrees that in tight budgets I will vote to ratify the New START cation of the New START Treaty. these funds should be considered as de- As you know, in the Fiscal Year 2011 budg- treaty between the United States and et, I requested a nearly 10 percent increase in fense spending. Russia because it leaves our country the budget for weapons activities at the Na- I ask unanimous consent to have with enough nuclear warheads to blow tional Nuclear Security Administration printed in the RECORD a summary of any attacker to kingdom come and be- (NNSA). In May, in the report required by the appropriations recommended by

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Fiscal Year $ Billions 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Directed Stockpile ...... 1.5 1.9 2.0 2.1 2.3 2.5 2.6 2.6 2.6 2.6 2.6 Science Technology & Engineering Campaigns ...... 1.6 1.7 1.8 1.8 1.8 1.8 1.9 2.0 2.1 2.2 2.3 Readiness in Technical Base and Facilities ...... 1.8 1.8 2.1 2.3 2.5 2.5 2.5 2.7 2.8–2.9 2.9–3.1 2.9–3.3 UPF ...... 0.1 0.1 0.2 0.2 0.4 0.4 0.4 0.48–0.5 0.48–0.5 0.48–0.5 0.38–0.5 CMRR ...... 0.1 0.2 0.3 0.3 0.4 0.4 0.4 0.48–0.5 0.4–0.5 03.–0.5 02.–0.5 Secure Transportation ...... 0.2 0.2 0.3 0.2 0.3 0.3 0.3 0.3 0.3 0.3 0.3 Defense Programs Subtotal ...... 5.2 5.7 6.1 6.5 6.9 7.1 7.3 7.5–7.6 7.7–7.9 7.9–8.2 8.0–8.4 Other Weapons ...... 1.2 1.3 1.3 1.3 1.3 1.3 1.4 1.4 1.4 1.4 1.5 Subtotal, Weapons ...... 6.4 7.0 7.4 7.8 8.2 8.5 8.7 8.9–9.0 9.2–9.3 9.4–9.6 9.4–9.8 Contractor Pensions Cost Growth ...... 0.2 0.2 0.2 0.2 0.2 * * * *

Total, Weapons ...... 6.4 7.0 7.6 7.9 8.4 8.7 8.9 8.9–9.0 9.2–9.3 9.4–9.6 9.4–9.8 Numbers may not add due to rounding. * Anticipated costs for contractor pensions have been calculated only through FY 2016. For FY 2017–2020, uncertainties in market performance, interest rate movement, and portfolio management make prediction of actual additional pension liabilities, assets, and contribution requirements unreliable.

Mr. ALEXANDER. Madam President, share with you my views on the issue of mis- allies believe we need an effective territorial I will offer an amendment at the appro- sile defense, which has been the subject of missile defense to defend against the threats priate time to the resolution of ratifi- much debate in the Senate’s review of the we face now and in the future. The EPAA cation to require an annual update of Treaty. represents the right response. At Lisbon, the Pursuant to the National Missile Defense Alliance also invited the Russian Federation the 1251 report, which the President’s Act of 1999 (Public Law 106–38), it has long to cooperate on missile defense, which could letter says he will do. been the policy of the United States to de- lead to adding Russian capabilities to those Under the terms of the treaty, the ploy as soon as is technologically possible an deployed by NATO to enhance our common United States may have 1,550 deployed effective National Missile Defense system ca- security against common threats. The Lis- strategic nuclear weapons, each one up pable of defending the territory of the United bon Summit thus demonstrated that the Al- to 30 times more powerful than the one States against limited ballistic missile at- liance’s missile defenses can be strengthened tack, whether accidental, unauthorized, or used at Hiroshima to end World War II. by improving NATO-Russian relations. deliberate. Thirty ground-based interceptors This comes even as we have made clear The United States will also gain val- based at Fort Greely, Alaska, and Vanden- uable data, including through inspec- that the system we intend to pursue with berg Air Force Base, California, are now de- Russia will not be a joint system, and it will tion operations that should provide a fending the Nation. All United States missile not in any way limit United States’ or treasure trove of intelligence about defense programs—including all phases of NATO’s missile defense capabilities. Effec- Russian activities that we would not the European Phased Adaptive Approach to tive cooperation with Russia could enhance have without the treaty, and that we missile defense (EPAA) and programs to de- the overall effectiveness and efficiency of have not had since the START treaty fend United States deployed forces, allies, our combined territorial missile defenses, and partners against regional threats—are expired on December 9, 2009. and at the same time provide Russia with consistent with this policy. greater security. Irrespective of how co- Over the weekend, the President sent The New START Treaty places no limita- operation with Russia develops, the Alliance a letter to the Senate reaffirming ‘‘the tions on the development or deployment of alone bears responsibility for defending our missile defense programs. As the NATO continued development and deploy- NATO’s members, consistent with our Trea- Summit meeting in Lisbon last month un- ment of U.S. missile defense systems.’’ ty obligations for collective defense. The derscored, we are proceeding apace with a There is nothing within the treaty EPAA and NATO’s territorial missile defense missile defense system in Europe designed to capability will allow us to do that. itself—I emphasize ‘‘nothing in the provide full coverage for NATO members on treaty’’—that would hamper the devel- the continent, as well as deployed U.S. In signing the New START Treaty, the opment of missile defense or its deploy- forces, against the growing threat posed by Russian Federation issued a statement that ment. Our military and intelligence the proliferation of ballistic missiles. The expressed its view that the extraordinary leaders all have said that. final phase of the system will also augment events referred to in Article XIV of the Trea- our current defenses against interconti- ty include a ‘‘build-up in the missile defense Obviously, something could happen capabilities of the United States of America down the road involving differences nental ballistic missiles from Iran targeted against the United States. such that it would give rise to a threat to over missile defense systems that could All NATO allies agreed in Lisbon that the the strategic nuclear potential of the Rus- require either country—Russia or the growing threat of missile proliferation, and sian Federation.’’ Article XIV(3), as you United States—to withdraw from the our Article 5 commitment of collective de- know, gives each Party the right to with- treaty. That is any sovereign country’s fense, requires that the Alliance develop a draw from the Treaty if it believes its su- right with any treaty. In 2002, Presi- territorial missile defense capability. The preme interests are jeopardized. dent Bush withdrew from the Anti-Bal- Alliance further agreed that the EPAA, The United States did not and does not agree with the Russian statement. We be- listic Missile Treaty because of our de- which I announced in September 2009, will be a crucial contribution to this capability. lieve that the continued development and de- sire to pursue missile defenses to pro- Starting in 2011, we will begin deploying the ployment of U.S. missile defense systems, in- tect us from an attack by a rogue first phase of the EPAA, to protect large cluding qualitative and quantitative im- state. parts of southern Europe from short- and provements to such systems, do not and will Madam President, I ask unanimous medium-range ballistic missile threats. In not threaten the strategic balance with the consent to have printed in the RECORD subsequent phases, we will deploy longer- Russian Federation, and have provided pol- the President’s letter on missile de- range and more effective land-based Stand- icy and technical explanations to Russia on fense. ard Missile–3 (SM–3) interceptors in Romania why we believe that to be the case. Although There being no objection, the mate- and Poland to protect Europe against the United States cannot circumscribe Rus- medium- and intermediate-range ballistic sia’s sovereign rights under Article XIV(3), rial was ordered to be printed in the missiles. In the final phase, planned for the we believe that the continued improvement RECORD, as follows: end of the decade, further upgrades of the and deployment of U.S. missile defense sys- THE WHITE HOUSE, SM–3 interceptor will provide an ascent- tems do not constitute a basis for ques- Washington, DC, December 18, 2010. phase intercept capability to augment our tioning the effectiveness and viability of the Hon. MITCH MCCONNELL, defense of NATO European territory, as well New START Treaty, and therefore would not Minority Leader, U.S. Senate, as that of the United States, against future give rise to circumstances justifying Rus- Washington, DC. threats of ICBMs launched from Iran. sia’s withdrawal from the Treaty. DEAR SENATOR MCCONNELL: As the Senate The Lisbon decisions represent an historic Regardless of Russia’s actions in this re- considers the New START Treaty, I want to achievement, making clear that all NATO gard, as long as I am President, and as long

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While advances of technology arsenal, and the United States has been un- cation of this important treaty. or future changes in the threat could modify able to conduct on-site inspections. Each Nevertheless, this treaty was pre- the details or timing of the later phases of day, America’s understanding of Russia’s ar- sented in the Senate on May 13, after 12 the EPAA—one reason this approach is senal has been degraded, and resources have hearings in two committees and many called ‘‘adaptive’’—I will take every action been diverted from national security tasks briefings. The Foreign Relations Com- available to me to support the deployment of to try to fill the gaps. Our military planners mittee reported the treaty to the Sen- all four phases. increasingly lack the best possible insight ate on September 16 in a bipartisan Sincerely, into Russia’s activity with its strategic nu- BARACK OBAMA. clear arsenal, making it more difficult to vote of 14 to 4. For several months, there have been intense negotiations to Mr. ALEXANDER. Madam President, carry out their nuclear deterrent mission. develop a realistic plan and the funding ratifying this treaty would extend the Second, New START preserves our ability to deploy effective missile defenses. The tes- for nuclear modernization. That up- policies of President Nixon, President timonies of our military commanders and ci- dated plan was reported on November Reagan, President George H.W. Bush, vilian leaders make clear that the treaty 17. The Senate voted to proceed to the President George W. Bush, as well as does not limit U.S. missile defense plans. Al- treaty last Wednesday. I voted no be- Democratic Presidents. though the treaty prohibits the conversion cause I thought there should still be I ask unanimous consent to have of existing launchers for intercontinental more time allowed for amendment and printed in the RECORD the statements and submarine-based ballistic missiles, our of the last six Republican Secretaries military leaders say they do not want to do debate. of State, all of whom support ratifica- that because it is more expensive and less ef- Despite the flawed process, I believe tion of the treaty. fective than building new ones for defense the treaty and the nuclear moderniza- purposes. tion plan make our country safer and There being no objection, the mate- Finally, the Obama administration has rial was ordered to be printed in the more secure. It will allow us to resume agreed to provide for modernization of the inspection and verification of disar- RECORD, as follows: infrastructure essential to maintaining our [From the Washington Post, Dec. 2, 2010] nuclear arsenal. Funding these efforts has mament of nuclear weapons in Russia. The head of our missile defense system THE REPUBLICAN CASE FOR RATIFYING NEW become part of the negotiations in the ratifi- START cation process. The administration has put says the treaty will not hamper our (By Henry A. Kissinger, George P. Shultz, forth a 10–year plan to spend $84 billion on missile development program—and if it James A. Baker III, Lawrence S. the Energy Department’s nuclear weapons does, we can withdraw from the treaty. Eagleburger, and Colin L. Powell) complex. Much of the credit for getting the All six former Republican Secretaries administration to add $14 billion to the origi- Republican presidents have long led the of State support ratification of this nally proposed $70 billion for modernization treaty. Therefore, I will vote to ratify crucial fight to protect the United States goes to Sen. Jon Kyl, the Arizona Republican against nuclear dangers. That is why Presi- who has been vigilant in this effort. Imple- the New START treaty and during the dents Richard Nixon, Ronald Reagan and menting this modernization program in a next several years vote to fund the nu- George H.W. Bush negotiated the SALT I, timely fashion would be important in ensur- clear modernization plan. START I and START II agreements. It is ing that our nuclear arsenal is maintained I yield the floor. why President George W. Bush negotiated appropriately over the next decade and be- f the Moscow Treaty. All four recognized that yond. reducing the number of nuclear arms in an Although the United States needs a strong CONCLUSION OF MORNING open, verifiable manner would reduce the and reliable nuclear force, the chief nuclear BUSINESS risk of nuclear catastrophe and increase the danger today comes not from Russia but stability of America’s relationship with the from rogue states such as Iran and North The ACTING PRESIDENT pro tem- Soviet Union and, later, the Russian Federa- Korea and the potential for nuclear material pore. Morning business is closed. tion. The world is safer today because of the to fall into the hands of terrorists. Given f decades-long effort to reduce its supply of those pressing dangers, some question why nuclear weapons. an arms control treaty with Russia matters. MILITARY CONSTRUCTION AND As a result, we urge the Senate to ratify It matters because it is in both parties’ in- VETERANS AFFAIRS AND RE- the New START treaty signed by President terest that there be transparency and sta- Obama and Russian President Dmitry LATED AGENCIES APPROPRIA- bility in their strategic nuclear relationship. TIONS ACT, 2010 Medvedev. It is a modest and appropriate It also matters because Russia’s cooperation continuation of the START I treaty that ex- will be needed if we are to make progress in The ACTING PRESIDENT pro tem- pired almost a year ago. It reduces the num- rolling back the Iranian and North Korean pore. Under the previous order, the ber of nuclear weapons that each side de- programs. Russian help will be needed to Senate will resume consideration of ploys while enabling the United States to continue our work to secure ‘‘loose nukes’’ maintain a strong nuclear deterrent and pre- the House message to accompany H.R. in Russia and elsewhere. And Russian assist- 3082, which the clerk will report. serving the flexibility to deploy those forces ance is needed to improve the situation in as we see fit. Along with our obligation to Afghanistan, a breeding ground for inter- The bill clerk read as follows: protect the homeland, the United States has national terrorism. Motion to concur in the House amendment responsibilities to allies around the world. Obviously, the United States does not sign to the Senate amendment, with an amend- The commander of our nuclear forces has arms control agreements just to make ment to H.R. 3082, an act making appropria- testified that the 1,550 warheads allowed friends. Any treaty must be considered on its tions for military construction, Department under this treaty are sufficient for all our merits. But we have here an agreement that of Veteran Affairs and Related Agencies, for missions—and seven former nuclear com- is clearly in our national interest, and we the fiscal year ending September 30, 2010, and manders agree. The defense secretary, the should consider the ramifications of not rati- for other purposes. chairman of the Joint Chiefs of Staff and the fying it. Pending: head of the Missile Defense Agency—all Whenever New START is brought up for Reid motion to concur in the amendment originally appointed by a Republican presi- debate, we encourage all senators to focus on of the House to the amendment of the Senate dent—argue that New START is essential for national security. There are plenty of oppor- to the bill, with Reid amendment No. 4885 (to our national defense. tunities to battle on domestic political the House amendment to the Senate amend- We do not make a recommendation about issues linked to the future of the American ment), of a perfecting nature. the exact timing of a Senate ratification economy. With our country facing the dual Reid amendment No. 4886 (to amendment vote. That is a matter for the administration threats of unemployment and a growing fed- No 4885), to change the enactment date. and Senate leaders. The most important eral debt bomb, we anticipate significant Reid motion to refer the message of the thing is to have bipartisan support for the conflict between Democrats and Repub- House on the bill to the Committee on treaty, as previous nuclear arms treaties did. licans. It is, however, in the national inter- Although each of us had initial questions Apropriations, with instructions, Reid est to ratify New START. about New START, administration officials amendment No. 4887, to provide for a study. have provided reasonable answers. We be- Mr. ALEXANDER. Madam President, Reid amendment No. 4888 (to (the instruc- lieve there are compelling reasons Repub- I will vote to ratify this treaty. The tions) amendment No. 4887), of a perfecting licans should support ratification. vote we are about to have today is nature.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10853 Reid amendment No. 4889 (to amendment continuing resolution, which will fund The ACTING PRESIDENT pro tem- No. 4888) of a perfecting nature. the government through March 4 of pore. By unanimous consent the man- Mr. ALEXANDER. Madam President, next year. This is a clean CR that is $1 datory quorum call has been waived. I suggest the absence of a quorum. billion above the spending level for fis- The question is, Is it the sense of the The ACTING PRESIDENT pro tem- cal year 2010. It meets the most basic Senate that debate on the motion to pore. The clerk will call the roll. needs of the Federal Government, and concur in the House amendment to the The bill clerk proceeded to call the will allow Congress the time necessary Senate amendment to H.R. 3082, with roll. to reconsider a funding bill next year. amendment No. 4885, shall be brought Mr. MCCONNELL. Madam President, Most importantly, this temporary to a close? The yeas and nays are man- I ask unanimous consent that the order funding measure will avoid a govern- datory under the rule. for the quorum call be rescinded. ment shutdown, which would be a ter- The clerk will call the roll. The ACTING PRESIDENT pro tem- rible thing for the American people. The legislative clerk called the roll. pore. Without objection, it is so or- That is the last thing any responsible Mr. DURBIN. I announce that the dered. Member of this body should wish for. Senator from Indiana (Mr. BAYH) and RECOGNITION OF THE MINORITY LEADER As I have previously stated, it is the Senator from Oregon (Mr. WYDEN) The ACTING PRESIDENT pro tem- deeply unfortunate that we were un- are necessarily absent. pore. The minority leader is recog- able to take up and pass the omnibus Mr. KYL. The following Senators are nized. bill. An omnibus, as opposed to a CR, necessarily absent: the Senator from NET NEUTRALITY RULES assumed responsibility for the spending Kansas (Mr. BROWNBACK) and the Sen- Mr. MCCONNELL. Madam President, decisions that are the most basic re- ator from New Hampshire (Mr. GREGG). later today the Federal Communica- sponsibility of Congress. I regret that The ACTING PRESIDENT pro tem- tions Commission is expected to ap- our colleagues on the other side of the pore. Are there any other Senators in prove new rules on how Americans ac- aisle, many of whom helped to craft the Chamber desiring to vote? cess information on the Internet. There the omnibus, failed to support it in the The yeas and nays resulted—yeas 82, are a lot of people rightly concerned. end. It was a far superior alternative to nays 14, as follows: The Internet has transformed our soci- this short-term CR. The omnibus bet- ety, our economy, and the very way we ter protected our national security and [Rollcall Vote No. 288 Leg.] communicate with others. It has served would have brought a responsible con- YEAS—82 as a remarkable platform for innova- clusion to the fiscal year 2011 appro- Akaka Feinstein Mikulski tion at the end of the 20th century and priations process. Alexander Franken Murkowski now at the beginning of the 21st cen- The CR we have before us allows for Barrasso Gillibrand Murray Baucus Graham Nelson (FL) tury. All of this has been made possible a limited number of adjustments for Begich Grassley Pryor because people have been free to create programs that would lose either their Bennet Hagan Reed and to innovate, to push the limits of funding or their authorization between Bennett Harkin Reid Bingaman Hutchison Roberts invention free from government in- now and March 4. The CR will also pre- Bond Inouye Rockefeller vent the layoff of thousands of Federal Boxer Johanns volvement. Sanders Now that could soon change. Today, workers and contractors during the Brown (MA) Johnson Brown (OH) Kerry Schumer the Obama administration, which has holiday season. Bunning Kirk Sessions already nationalized health care, the When the 112th Congress convenes in Cantwell Klobuchar Shaheen auto industry, insurance companies, January, I hope the Senate and the Cardin Kohl Shelby banks, and student loans, will move House will find a way to move forward Carper Kyl Snowe Casey Landrieu Specter forward with what could be a first step in a responsible manner to conclude Cochran Lautenberg Stabenow in controlling how Americans use the work on the fiscal year 2011 appropria- Collins Leahy Tester Internet by establishing Federal regu- tions process. To do so, we will require Conrad Levin Thune lations on its use. This would harm in- a good-faith effort from Members of Coons Lieberman Udall (CO) Corker Lincoln Udall (NM) vestment, stifle innovation, and lead to both parties to reach reasonable com- Cornyn Lugar Voinovich job losses. That is why I, along with promises on a range of issues. I hope Dodd Manchin Warner several of my colleagues, have urged that despite the current political envi- Dorgan McCaskill Webb Durbin McConnell Whitehouse the FCC Chairman to abandon this ronment, we can find a way to work to- Ensign Menendez Wicker flawed approach. The Internet is an in- gether to fund critical priorities that Enzi Merkley will strengthen our economy and pro- valuable resource. It should be left NAYS—14 alone. tect our Nation’s security. That is As Americans become more aware of Burr Feingold McCain what the American people expect of us, Chambliss Hatch Nelson (NE) what is happening here, I suspect many and they deserve no less. But for now, Coburn Inhofe Risch will be as alarmed as I am at the gov- I urge my colleagues to support this 10- Crapo Isakson Vitter ernment’s intrusion. They will wonder, week continuing resolution. DeMint LeMieux as many already do, if this is a Trojan CLOTURE MOTION NOT VOTING—4 horse for further meddling by the gov- The ACTING PRESIDENT pro tem- Bayh Gregg ernment. Fortunately, we will have an pore. The cloture motion having been Brownback Wyden opportunity in the new Congress to presented under rule XXII, the Chair The ACTING PRESIDENT pro tem- push back against new rules and regu- directs the clerk to read the motion. pore. On this vote, the yeas are 82, the lations. The legislative clerk read as follows: nays are 14. Three-fifths of the Sen- Madam President, I suggest the ab- CLOTURE MOTION ators duly chosen and sworn having sence of a quorum. We, the undersigned Senators, in accord- voted in the affirmative, the motion is The ACTING PRESIDENT pro tem- ance with the provisions of rule XXII of the agreed to. pore. The clerk will call the roll. Standing Rules of the Senate, hereby move The legislative clerk proceeded to Mr. REID. Madam President, I sug- to bring to a close debate on the motion to gest the absence of a quorum. call the roll. concur in the House amendment to the Sen- Mr. BROWN of Ohio. Madam Presi- ate amendment to H.R. 3082, the Full Con- The ACTING PRESIDENT pro tem- dent, I ask unanimous consent the tinuing Appropriations Act, with an amend- pore. The clerk will call the roll. order for the quorum call be rescinded. ment. The legislative clerk proceeded to The ACTING PRESIDENT pro tem- Joseph I. Lieberman, John D. Rocke- call the roll. pore. Without objection, it is so or- feller, IV, Byron L. Dorgan, John F. Mr. REID. I ask unanimous consent Kerry, Richard J. Durbin, Mark L. that the order for the quorum call be dered. Pryor, Robert Menendez, Amy Mr. BROWN of Ohio. I thank the Klobuchar, Patty Murray, Kay R. rescinded. Chair. Hagan, Christopher J. Dodd, Daniel K. The ACTING PRESIDENT pro tem- Mr. INOUYE. Madam President, Inouye, Mark Begich, Al Franken, Rob- pore. Without objection, it is so or- today the Senate will consider a 73-day ert P. Casey, Jr., Tom Carper. dered.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10854 CONGRESSIONAL RECORD — SENATE December 21, 2010 Mr. REID. Madam President, if I INOUYE, Lloyd Bentsen, Fritz Hollings, tance of judicial independence as the could have the attention of the Sen- PAT LEAHY, Dale Bumpers, David foundation of the rule of law, but Con- ators, I have had a number of conversa- Boren, Russell Long, Pat Moynihan, gress could at least require televising tions with the Republican leader today. George Mitchell, Sam Nunn, Gary the Court proceedings to provide some The collective goal is to move forward Hart, Bill Bradley, and others. They transparency to inform the public with the schedule as we know what it were carrying on the Senate’s glorious about what the Court is doing since it is. Senator MCCAIN has 15 minutes, tradition. has the final word on the cutting issues Senator INOUYE has 10 minutes, and the The Senate’s deliberate cerebral pro- of the day. Brandeis was right when he farewell speech of our friend Senator cedures have served our country well. said that sunlight is the best disinfect- SPECTER is going to be this morning. The Senate stood tall in 1805 in acquit- ant. We hope to have agreement that at ting Supreme Court Justice Samuel The Court does follow the election re- around 2 o’clock today, we will vote on Chase in impeachment proceedings and turns, and the Court does judicially no- a couple of judges. We will vote on the thus preserved the independence of the tice societal values as expressed by motion to concur on the continuing Federal judiciary. The Senate stood public opinion. Polls show that 85 per- resolution and vote on cloture on the tall in 1868 to acquit President Andrew cent of the American people favor tele- treaty. We don’t have that down in Johnson in impeachment proceedings, vising the Court when told that a cit- writing yet, but that is the goal, so ev- and that preserved the power of the izen can only attend an oral argument eryone understands. We will have four Presidency. Repeatedly in our 223-year for 3 minutes in a chamber holding to five votes this afternoon around 2 history, the Senate has cooled the pas- only 300 people. Great Britain, Canada, o’clock. That would point us toward sions of the moment to preserve the in- and State supreme courts permit tele- the final surge on this most important stitutions embodied in our Constitu- vision. treaty. I had conversations with Sen- tion which have made the United Congress has the authority to legis- ator KERRY and Senator KYL this States the envy of the world. late on this subject, just as Congress morning. I think there is a way clear It has been a great privilege to have decides other administrative matters to complete this sometime tomorrow. had a voice for the last 30 years in the such as what cases the Court must The ACTING PRESIDENT pro tem- great decisions of our day: how we allo- hear, time limits for decisions, number pore. The Senator from Pennsylvania. cate our resources among economic de- of Justices, the day the Court con- FAREWELL TO THE SENATE velopment, national defense, edu- venes, and the number required for a CLOSING ARGUMENT cation, environmental protection, and quorum. While television cannot pro- Mr. SPECTER. Madam President, NIH funding; the Senate’s role in for- vide a definitive answer, it could be this is not a farewell address but, rath- eign policy as we exercise it now on the significant and may be the most that er, a closing argument to a jury of my START treaty; the protection of civil can be done consistent with life tenure colleagues and the American people rights, as we demonstrated last Satur- and judicial independence. outlining my views on how the Senate day, eliminating don’t ask, don’t tell; Additionally, I urge Congress to sub- and, with it, the Federal Government balancing crime control and defend- stantially increase funding for the Na- arrived at its current condition of par- ants’ rights; and how we have main- tional Institutes of Health. When NIH tisan gridlock, and my suggestions on tained the quality of the Federal judi- funding was increased from $12 to $30 where we go from here on that pressing ciary, not only the high-profile 14 Su- billion annually and $10 billion added problem and the key issues of national preme Court nominations I have par- to the stimulus package, significant and international importance. ticipated in but the 112 Pennsylvanians advances were made on medical re- To make a final floor statement is a who have been confirmed during my search. It is scandalous—absolutely challenge. The Washington Post noted tenure on the Federal district courts or scandalous—that a nation with our the poor attendance at my colleagues’ the Third Circuit. farewell speeches earlier this month. On the national scene, top issues are wealth and research capabilities has That is really not surprising since the deficit and the national debt. The not done more. Forty years ago, the there is hardly anyone ever on the Sen- deficit commission has made a start. President of the United States declared ate floor. The days of lively debate When raising the debt limit comes up war on cancer. Had that war been pur- with many Members on the floor are next year, that will present an occa- sued with the diligence of other wars, long gone. Abuse of the Senate rules sion to pressure all parties to come to most forms of cancer might have been has pretty much stripped Senators of terms on future taxes and expendi- conquered. the right to offer amendments. The tures, to realistically deal with these I also urge colleagues to increase modern filibuster requires only a issues. their activity on foreign travel. Re- threat and no talking. So the Senate’s The Next Congress should try to stop grettably, we have earned the title of activity for more than a decade has the Supreme Court from further erod- ugly Americans by not treating other been the virtual continuous drone of a ing the constitutional mandate of sepa- nations with proper respect and dig- quorum call. But that is not the way it ration of powers. The Supreme Court nity. was when Senator CHRIS DODD and I has been eating Congress’s lunch by in- My experience on congressional dele- were privileged to enter the world’s validating legislation with judicial ac- gations to China, Russia, India, NATO, greatest deliberative body 30 years ago. tivism after nominees commit under Jerusalem, Damascus, Bagdad, Kabul, Senators on both sides of the aisle en- oath in confirmation proceedings to re- and elsewhere provided an opportunity gaged in collegial debate and found spect congressional factfinding and for eyeball-to-eyeball discussions with ways to find common ground on the precedents. That is stare decisis. The world leaders about our values, our ex- Nation’s pressing problems. recent decision in Citizens United is il- pectations, and our willingness to en- When I attended my first Republican lustrative. Ignoring a massive congres- gage in constructive dialog. Since 1984, moderates luncheon, I met Mark Hat- sional record and reversing recent deci- I have visited Syria almost every year, field, John Chafee, Ted Stevens, Mac sions, Chief Justice Roberts and Jus- and my extensive conversations with Mathias, Bob Stafford, Bob Packwood, tice Alito repudiated their confirma- Hafiz al-Assad and Bashar al-Assad Chuck Percy, Bill Cohen, Warren Rud- tion testimony given under oath and have convinced me there is a realistic man, Alan Simpson, Jack Danforth, provided the key votes to permit cor- opportunity for a peace treaty between John Warner, Nancy Kassebaum, Slade porations and unions to secretly pay Israel and Syria, if encouraged by vig- Gorton, and I found my colleague John for political advertising, thus effec- orous U.S. diplomacy. Similar meet- Heinz there. That is a far cry from tively undermining the basic demo- ings I have been privileged to have later years when the moderates could cratic principle of the power of one per- with Muammar Qadhafi, Yasser Arafat, fit into a telephone booth. son, one vote. Chief Justice Roberts Fidel Castro, Saddam Hussein, and On the other side of the aisle, I found promised to just call balls and strikes. Hugo Chavez have persuaded me that many Democratic Senators willing to Then he moved the bases. candid, respectful dialog with our move to the center to craft legisla- Congress’s response is necessarily toughest adversaries can do much to tion—Scoop Jackson, JOE BIDEN, DAN limited in recognition of the impor- improve relations among nations.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10855 Now I will shift gears. In my view, a by a compromise by the so-called Gang creed that States would be represented principal reason for the historic stat- of 14. Some nominees were approved, equally in the Senate and propor- ure of the U.S. Senate has been the some rejected, and a new standard was tionate to their populations in the ability of any Senator to offer vir- established to eliminate filibusters un- House. As Senate Historian Richard tually any amendment at any time. less there were extraordinary cir- Baker noted: ‘‘Without that com- This Senate Chamber provides the cumstances, with each Senator to de- promise, there would likely have been forum for unlimited debate with a po- cide if that standard had been met. Re- no Constitution, no Senate, and no tential to acquaint the people of Amer- grettably, again, that standard has not United States as we know it today.’’ ica and the world with innovative pro- been followed as those filibusters have Politics is no longer the art of the posals on public policy and then have a continued up to today. Again, the fault possible when Senators are intran- vote on the issue. Regrettably, that has rests with both parties. sigent in their positions. Polarization changed in recent years because of There is a way out of this procedural of the political parties has followed. abuse of the Senate rules by both par- gridlock by changing the rule on the President Reagan’s ‘‘big tent’’ has fre- ties. power of the majority leader to exclude quently been abandoned by the Repub- The Senate rules allow the majority other Senators’ amendments. I pro- lican Party. A single vote out of thou- leader, through the right of his first posed such a rule change in the 110th sands cast can cost an incumbent his recognition, to offer a series of amend- and 111th Congresses. I would retain seat. Senator BOB BENNETT was re- ments to prevent any other Senator the 60-vote requirement for cloture on jected by the far right in his Utah pri- from offering an amendment. That had legislation, with a condition that Sen- mary because of his vote for TARP. It been done infrequently up until about a ators would have to have a talking fili- did not matter that Vice President decade ago and lately has become a buster, not merely presenting a notice Cheney had pleaded with the Repub- common practice, and, again, by both of intent to filibuster. By allowing Sen- lican caucus to support TARP or Presi- parties. ators to offer amendments and a re- dent Bush would become a modern Her- By precluding other Senators from quirement for debate, not just notice, I bert Hoover. It did not matter that 24 offering amendments, the majority think filibusters could be effectively other Republican Senators, besides BOB leader protects his party colleagues managed, as they had been in the past, BENNETT, out of the 49 Republican Sen- from taking tough votes. Never mind and still retain, where necessary, the ators voted for TARP. Senator BEN- that we were sent here and are paid to opportunity to have adequate debate NETT’s 93 percent conservative rating make tough votes. The inevitable and on controversial issues. was insufficient. understandable consequence of that I would change the rule to cut off de- Senator LISA MURKOWSKI lost her pri- practice has been the filibuster. If a bate on judicial and executive branch mary in Alaska. Congressman MIKE Senator cannot offer an amendment, nominees to 51 votes, as I formally pro- CASTLE was rejected in Delaware’s Re- posed in the 109th Congress. Important why vote to cut off debate and go to publican primary in favor of a can- positions are left open for months, and final passage? Senators were willing— didate who thought it necessary to de- the Senate agenda today is filled with and are willing—to accept the will of fend herself as not being a witch. Re- unacted-upon judicial and executive the majority in rejecting their amend- publican Senators contributed to the ments but unwilling to accept being nominees, and many of those judicial primary defeats of BENNETT, MUR- railroaded to concluding a bill without nominees are in areas where there is an KOWSKI, and CASTLE. Eating or defeat- emergency backlog. Since Judge Bork being provided an opportunity to mod- ing your own is a form of sophisticated and Justice Thomas did not provoke ify it. That practice has led to an in- cannibalism. Similarly, on the other dignant, determined minority to fili- filibusters, I think the Senate can do side of the aisle, Senator JOE buster and to deny 60 votes necessary without them on judges and executive LIEBERMAN, a great Senator, could not officeholders. There is a sufficient safe- to cut off debate. Two years ago on this win his Democratic primary. Senate floor, I called the practice ty- guard of the public interest by requir- The spectacular reelection of Senator rannical. ing a simple majority on an up-down The decade from 1995 to 2005 saw the vote. I would also change the rule re- LISA MURKOWSKI on a write-in vote in nominees of President Clinton and quiring 30 hours of postcloture debate the Alaska general election and the de- President Bush stymied by the refusal and the rule allowing the secret hold, feat of other Tea Party candidates in of the other party to have a hearing or which requires cloture to bring the the 2010 general elections may show floor vote on many judicial and execu- matter to the floor. Requiring a Sen- the way to counter right-wing extrem- tive nominees. Then, in 2005, serious ator to disclose his or her hold to the ists. Arguably, Republicans left three consideration was given by the Repub- light of day would greatly curtail this seats on the table in 2010—beyond Dela- lican caucus to changing the long- abuse. ware, Nevada, and perhaps Colorado— standing Senate rule by invoking the While political gridlock has been fa- because of unacceptable general elec- so-called nuclear or constitutional op- cilitated by the Senate rules, I am tion candidates. By bouncing back and tion. The plan called for Vice President sorry to say partisanship has been in- winning, Senator MURKOWSKI dem- Cheney to rule that 51 votes were suffi- creased greatly by other factors. Sen- onstrated that a moderate centrist can cient to impose cloture for confirma- ators have gone into other States to win by informing and arousing the gen- tion of a judge or executive nominee. campaign against incumbents of the eral electorate. Her victory proves that His ruling, then to be challenged by other party. Senators have even op- America still wants to be and can be Democrats, would be upheld by the tra- posed their own party colleagues in pri- governed by the center. ditional 51 votes to uphold the Chair’s mary challenges. That conduct was be- Repeatedly, senior Republican Sen- ruling. yond contemplation in the Senate I ators have recently abandoned long- As I argued on the Senate floor at joined 30 years ago. Collegiality can held positions out of fear of losing that time, if Democratic Senators had obviously not be maintained when ne- their seats over a single vote or be- voted their consciences without regard gotiating with someone simultaneously cause of party discipline. With 59 votes to party loyalty, most filibusters out to defeat you, especially within for cloture on this side of the aisle, not would have failed. Similarly, I argued your own party. a single Republican would provide the that had Republican Senators voted In some quarters, ‘‘compromise’’ has 60th vote for many important legisla- their consciences without regard to become a dirty word. Senators insist tive initiatives, such as identifying party loyalty, there would not have on ideological purity as a precondition. campaign contributors to stop secret been 51 of the 55 Republican Senators Senator Margaret Chase Smith of contributions. to support the nuclear option. Maine had it right when she said we Notwithstanding the perils, it is my The majority leader then scheduled need to distinguish between the com- hope more Senators will return to inde- the critical vote on May 25, 2005. The promise of principle and the principle pendence in voting and crossing party outcome of that vote was uncertain, of compromise. This great body itself lines evident 30 years ago. President with key Republicans undeclared. The was created by the so-called Great Kennedy’s ‘‘Profiles in Courage’’ shows showdown was averted the night before Compromise, in which the Framers de- the way. Sometimes a party does ask

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I am hon- Then he lists and describes in detail British House of Commons, when he ored to have worked with him on so significant places in Pennsylvania that said: ‘‘ . . . his [the elected representa- many priorities, whether it was vet- have a connection to our history, tive’s] unbiased opinion, his mature erans or workers, whether it was dairy whether it is the Liberty Bell or the judgment, his enlightened conscience farmers or the economy of Pennsyl- battlefield of Gettysburg; whether it is . . . [including his vote] ought not to vania or whether it was our soldiers or the farms in our Amish communities or be sacrificed to you, to any man or any our children or our families. We have whether it is some other place of his- set of men living.’’ worked on so many priorities. He has toric significance. I have no doubt But, above all, we need civility. been a champion for our State and he whatsoever that if the same history Steve and Cokie Roberts, distinguished has shown younger Senators the way to were recounted about the people who journalists, put it well in a recent col- work together in the interests of our had an impact on our Commonwealth— umn, saying: State and our country. the people who moved Pennsylvania Civility is more than good manners. . . . That bipartisanship wasn’t just a forward; the people who in addition to Civility is a state of mind. It reflects respect sentiment; it was bipartisanship that moving our State forward had an im- for your opponents and for the institutions led to results. I wish to point to one ex- pact on the Nation—if we make a list you serve together. . . . This polarization ample of many I could list: the funding of Pennsylvanians who made such con- will make civility in the next Congress more for the National Institutes of Health, tributions, whether it would be Wil- difficult—and more necessary—than ever. that great bulwark and generator of liam Penn or Benjamin Franklin—and A closing speech has an inevitable as- discoveries that cures diseases and cre- you can fill in the blanks from there— pect of nostalgia. An extraordinary ex- ates jobs and hope for people often I have no doubt that list would include perience for me is coming to an end. without hope because of a disease or a Senator ARLEN SPECTER. He is a son of But my dominant feeling is pride in the malady of one kind or another. That Kansas who made Pennsylvania his great privilege to be a part of this very bipartisanship Senator SPECTER dem- home. He is a son of Kansas who fought unique body with colleagues who are onstrated every day in the Senate has every day for the people of Pennsyl- such outstanding public servants. I achieved results for Pennsylvania, for vania. have written and will write elsewhere sure, in terms of jobs and opportunity So it is the work and the achieve- about my tenure here, so I do not say and hope but also results for the Na- ments and the passion and the results farewell to my continuing involvement tion as well. in those years in the Senate that will in public policy, which I will pursue in I know we are short on time, but I put him on the very short list of those a different venue. Because of the great wanted to make one note about the who contributed so much to our Com- traditions of this body and because of history of his service. No Senator in monwealth that we love and to our its historic resilience, I leave with the history of the Commonwealth—and country that we cherish. great optimism for the future of our we have had 55 or so Senators, depend- For all of that and for so many other country, a great optimism for the con- ing on how you count those who have reasons, as a citizen of Pennsylvania, a tinuing vital role of the Senate in the been elected and served, but of those resident of Pennsylvania, a citizen of governance of our democracy. 55, no Senator has served longer than the United States but as a Senator—I I thank my colleagues for listening. Senator SPECTER. I recall the line—I want to express my gratitude to Sen- (Applause, Senators rising.) think it is attributed to Abraham Lin- ator ARLEN SPECTER for his 30 years of The PRESIDING OFFICER (Mr. coln, but it is a great line about what service, but especially for what those UDALL of New Mexico). Cloture having years mean and what service means, 30 years meant to the people, some- been invoked, the motion to refer falls. and I will apply the analogy to Senate times people without a voice, some- Mr. WHITEHOUSE. Mr. President, I service. The line goes something like times people without power. suggest the absence of a quorum. this: It is not the years in a life, it is Thank you, Senator SPECTER. The PRESIDING OFFICER. The the life in those years. I am para- I yield the floor. clerk will call the roll. phrasing that. The same could be said The PRESIDING OFFICER. The Sen- The assistant legislative clerk pro- of the life of a Senator. It is not just ator from Illinois. ceeded to call the roll. that he served 30 years. That alone is a Mr. DURBIN. Mr. President, I wish to The PRESIDING OFFICER. The Sen- singular, unprecedented achievement. join my colleagues in noting the fare- ator from Pennsylvania. In fact, the Senator he outdistanced in well address of Senator ARLEN SPECTER Mr. CASEY. Mr. President, I ask a sense in terms of years of service was is an inspiring moment in the Senate. unanimous consent that the order for only elected by the people twice. Sen- It has been my great honor to serve the quorum call be rescinded. ator SPECTER was elected by the people with Senator SPECTER and to be a The PRESIDING OFFICER. Without of Pennsylvania five times. But it is member of the Senate Judiciary Com- objection, it is so ordered. the life in those Senate years, the work mittee with him as well. I think of his TRIBUTE TO RETIRING SENATORS in those Senate years, the contribution contribution to the Senate at many ARLEN SPECTER to our Commonwealth and our country levels. I certainly appreciate what he Mr. CASEY. Mr. President, I wish to in those Senate years that matters and did for the Senate and for the Nation offer some remarks in furtherance of has meaning. His impact will be felt for when he chaired the Judiciary Com- what Senator SPECTER told us about generations—not just decades but for mittee and served on that committee, this great institution. I wanted to generations. particularly when it came to the hear- spend a moment talking about his serv- Let me close with this. There is a ings involving the appointment of new ice to the Commonwealth of Pennsyl- history book of our State that came Supreme Court Justices. Without fail, vania. out in the year 2002, and it has a series Senator SPECTER at those hearings When I came to the Senate in 2007 as of stories and essays and chapters on would always have dazzling insight a Senator-elect, one of the first things the history of Pennsylvania. It is a fas- into the current state of the law and I did was go to see Senator SPECTER. cinating review of the State’s history. the record of the nominee. I couldn’t He asked me at that time to go to The foreword to that publication was wait for him each time there was a lunch. From the moment I arrived in written by Brent E. Glass, at the time hearing to see what his tack would be. the Senate, he made it very clear to me the executive director of the Pennsyl- It always reflected a thoughtful reflec- that not only did the people of Penn- vania Historical and Museum Commis- tion on the historic moment we faced sylvania expect, but he expected as sion. He wrote this in March of 2002. It with each nominee. The questions he well, that we work together. is a long foreword which I won’t read, asked, the positions he took, the state- From the beginning of his service in but he said in the early part of this ments he made, all made for a better the Senate, way back when he was foreword the following: record for the United States as the

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10857 Senate proceeded to vote on those his- ment to make that happen did make it He could not go to Erie, PA, and keep toric nominations. happen. Those three votes from the Re- an invitation that he wanted to accept But there is one area he touched on publican side of the aisle made it hap- and speak to a retired group of busi- ever so slightly that I believe is equal pen: a stimulus which averted, in my nessmen. These were older gentlemen to his mark on the Senate Judiciary mind, a terrible, much worse recession, who had been prominent in Pennsyl- Committee. This man, Senator ARLEN maybe even a depression in America. It vania business and political life. I wor- SPECTER, with the help in some re- was the best of the Senate, when a Sen- ried about it—that they would not spects and in some efforts by Senator ator had the courage to stand up, take think much about me. But I went up TOM HARKIN, has done more to advance a position, risk his Senate seat because there and nearly froze to death. I the cause of medical research in his he believed in it, and do some good for thought this is just a payback for the time than virtually any other Member America which would benefit millions, Civil War, I guess, that ARLEN never of the Congress. He had a single-mind- as his vote and his effort did. got to express. He was going to do his ed determination to advance medical When I look at those whom I have part to help educate me and refine me research and to put the investment in served with in the Senate, there are in the ways of modern America. But the National Institutes of Health. On precious few who meet the standards that led to an entire career here work- the House side, Congressman John Por- for ARLEN SPECTER. I am going to miss ing alongside him on both sides of the ter joined him in that early effort— him for so many reasons, but I know aisle, which I have enjoyed very much. John Porter of Illinois—but time and his involvement in public life will not We have all learned from him the again ARLEN SPECTER would have as quit. That is often a cliche we hear on commitment that he makes to the job, his last bargaining chip on the table, the floor after a farewell address. But I the seriousness of purpose that he whenever there was a negotiation, that know it because he has been ham- brings to committee work, and he has we needed to put more money in the mering away at me every single day truly been an outstanding leader in the National Institutes of Health. I know about bringing those cameras over to Senate, through personal performance he was probably inspired to that cause the Supreme Court. So even when he and his serious and impressive record by many things, but certainly by his leaves this body, if it is not done then, of leadership. own life experience where he has suc- I am sure I am going to hear from him I am glad to express those thoughts cessfully battled so many medical de- again on televising the Supreme Court today and wish ARLEN well in the years mons and is here standing before us as proceedings. I give my word that as ahead. We will still have a friendship living proof that with his self-deter- long as I am around here, Senator, I that will be appreciated. I look forward mination and the advancement of will carry that banner for you, and if I to continuing that relationship. science, we can overcome even some of have a chance to help you pass that I yield the floor. the greatest diseases and maladies that measure at some point in the future I The PRESIDING OFFICER (Mr. come our way. am going to do it because I think it is MERKLEY). The Senator from Pennsyl- He was, to me, a role model many the right thing to do and I know it has vania is recognized. times as he struggled through cancer meant so much to you. NEW START TREATY therapy and never missed a bell when The Senate’s loss is America’s gain Mr. SPECTER. Mr. President, I have it came to presiding over a committee as he becomes a public figure in a dif- sought recognition to comment briefly hearing or coming to the floor to vote. ferent life. But during his tenure in the about the START Treaty, the consider- There were times when all of us knew Senate he has graced this institution ation of which is now pending before he was in pain. Yet he never let on. He with an extraordinary intelligence, a the Senate, and to urge my colleagues did his job and did it with a gritty de- determination, and a belief that the to move forward to ratify this impor- termination, and I respect him so much national good should rise above any tant treaty. for it. That personal life experience, I party cause. I am going to miss ARLEN I have long been interested in the re- am sure, played some role in his deter- SPECTER and I thank him for being my lationship between the United States mination to advance medical research. friend. and, at that time, the Soviet Union, So as he brings an end to his Senate I yield the floor. following the end of World War II, with career, there are countless thousands The PRESIDING OFFICER. The Sen- the emergence of our Nation and the who wouldn’t know the name ARLEN ator from Mississippi. Soviets emerging as the two great SPECTER who have been benefited by Mr. COCHRAN. Mr. President, I was world powers. this man’s public service and commit- pleased to have an opportunity to hear In college, after the war, I devoted a ment to medical research. I thank him most of the remarks made this morn- good bit of study to U.S.-U.S.S.R. rela- for that as a person, as does everyone ing by my friend and colleague from tions. I wrote a senior thesis on it as a in this Chamber who has benefited Pennsylvania and others who have spo- major in political science and inter- from that cause in his life. ken on the occasion of his retirement national relations, and I have contin- I also think, as I look back on his from the Senate. ued that interest throughout my ten- work on the stimulus bill when he was I couldn’t help but remember when ure in the Senate. One of my first ini- on the other side of the aisle, that it he was campaigning in his first race for tiatives, in 1982, after being elected in took extraordinary courage and may the Senate and I had been asked to be 1980, was to propose a resolution call- have cost him a Senate seat to step for- available to help out in some cam- ing for a summit meeting between the ward and say, I will join with two other paigns that year. I was a brandnew President of the United States and the Republicans to pass a bill for this new Senator and didn’t know a lot of the head of the Soviet Union. President Obama to try to stop a reces- protocols, but when I heard ARLEN President Reagan had a practice of sion and to give some new life to this SPECTER wanted me to come up and making Saturday afternoon speeches— economy. There were very few with the speak in Pennsylvania somewhere dur- or Saturday morning speeches—on the courage to do it. He was one of them. ing his campaign, I decided I would ac- radio. One day I listened in and heard Sitting with him in the meetings where cept the invitation, although I was a him talk about the tremendous de- the negotiations were underway, then- little apprehensive about it, about how structive power which both the U.S. Republican Senator ARLEN SPECTER I would be received as a Republican and U.S.S.R. had, and how they had the drove hard bargains in terms of bring- from Mississippi going up and helping capacity to destroy each other. Of ing down the overall cost of the project this new candidate who was running on course, that capacity became the basis and dedicating a substantial portion— the Republican ticket too. His wife of the mutual assured destruction pe- $10 billion, if I am not mistaken—to Joan was a member of the city council riod. But it seemed to me that what the National Institutes of Health. in Philadelphia, as I recall—very well ought to be done was there ought to be Again, the final negotiation on the respected. Anyway, I enjoyed getting a dialog and an effort to come to terms stimulus bill for America included to know the Senator and his wife bet- with the Soviet Union to reduce the ARLEN SPECTER’s demand that the Na- ter during those early campaign tension and reduce the threat of nu- tional Institutes of Health have addi- events. Then, after he was elected, he clear war. I, therefore, offered a resolu- tional research dollars. His commit- asked me to make one more trip up. tion to propose that.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10858 CONGRESSIONAL RECORD — SENATE December 21, 2010 My resolution was resisted by one of treaty which has been in effect up until It comes in a context where it is sub- the senior Senators, Senator John the present time and has worked so ject to being misunderstood as a polit- Tower of Texas, who was chairman of very well. ical matter in the United States. I do the Armed Services Committee. When I Strenuous arguments have been not question for a moment the motiva- proposed the resolution, it brought made about modernizing our nuclear tion of those who oppose START. Senator Tower to the floor with a very forces. Well, that is a subject for an- Those who have spoken against it have really heated debate, with Senator other day and another time. But those been some of our body’s most knowl- Tower challenging my resolution and who have offered that advocacy have edgeable Members on this important challenging my knowledge on the sub- found a response from the administra- subject. But there is so much publicity ject. tion with millions of dollars, from $85 about some questioning whether Presi- Early on, after being elected and million. That, as I say, belongs to an- dent Obama can have both the START starting to serve in 1981, I had traveled other day and another analysis. But treaty and repeal of don’t ask, don’t to Grand Forks, ND, to see the Missile- those who have advocated for mod- tell at the same time, there has been so man II. I went to Charleston, SC, to see ernization have gained very substantial much public comment about not want- our nuclear submarine fleet, and I went responses from the administration on ing to see President Obama have an- to Edwards Air Force Base in Cali- that subject. Curious, in that context, other victory before the end of the fornia to look at the B1–B, the B–1 that notwithstanding that very sub- year, so much comment which raises a bomber, at that time. I was prepared to stantial funding, it hasn’t won them question as to whether opposition is take on these issues. over, hasn’t diminished their resist- politically motivated. Senator Tower opposed it, offered a ance to the treaty. Also, curious in the If the Russians and the other nations tabling motion, and standing in the context of those expenditures on an of the world cannot rely upon the Sen- well of the Senate, as if it was yester- issue, which didn’t directly involve the ate to make a judgment on the merits day, I can remember that Senator Lax- necessity for modernization, there is a without regard to the politics or the alt walked down the aisle from the real question as to whether there has appearance of politics, it has very seri- door entering this Chamber and voted been adequate debate and study on ous consequences for our standing in no. He started to walk up the aisle to that subject, on the hearings. It isn’t the international community of na- the Republican cloakroom. part of the START treaty debate and tions. Senator Tower chased him and said: discussion about the expenditure of For those reasons, I do believe we Paul, you don’t understand. This is a that kind of money, considering the ought to move ahead promptly. We tabling motion. I am looking for an kind of a deficit we have, and also con- ought to ratify this treaty. We ought ‘‘aye.’’ sidering the advocates of those mod- to continue our strenuous efforts to rid Laxalt turned and said: I understand ernization additions with the great ex- the world of the threat of nuclear war. This is part of that ongoing process. it is a tabling motion, and I voted the pense have been some of the loudest I urge my colleagues to ratify this way I wanted to, no. I want the resolu- voices objecting to governmental ex- important treaty. tion to go forward. penditures. I yield the floor. Senator Tower said: Well, ARLEN Well, we ought to spend what it takes The PRESIDING OFFICER (Mr. SPECTER is trying to tell the President for defense. That is the fundamental UDALL of New Mexico). The Senator what to do. purpose of the Federal Government, to from Alabama is recognized. Senator Laxalt replied: Well, why protect its citizens. But real questions ARLEN SPECTER shouldn’t he? Everybody else does, he arise in my mind as to whether this Mr. SESSIONS. Mr. President, I see said jokingly. was the proper place to have that argu- my other colleagues. I do wish to talk That tabling motion was defeated 60 ment, but that has gone by the boards. about one or two judicial nominees, to 38. When a vote came up on the final I think the letter which Admiral but I want to say first how much I ap- resolution, it passed with 90 in favor Mullen, Chairman of the Joint Chiefs preciate Senator SPECTER. and 8 in opposition. We know what hap- of Staff, has issued about the conclu- I have had the honor to serve on the pened. There were negotiations and sion of the military, that this is a good Senate Judiciary Committee with Sen- President Reagan came up with the fa- treaty; about Admiral Mullen’s state- ator SPECTER the entire time I have mous dictum, ‘‘trust, but verify.’’ ment that he personally was involved been in the Senate—going on 14 years, I was then active in the negotiations, in the negotiations; that if the START I guess. No one has a clearer legal the discussions on the Senate observer treaty was not to be ratified there mind. The clarity of his thought and group in Geneva around 1987. Then our would be U.S. military resources that expression is always impressive to me. record is plain that we have approved would have to be devoted to certain And as someone who practiced law, I by decisive numbers three very impor- other issues which were taken by see the great lawyer skills he pos- tant treaties. START I was approved START so that it leads to an unequivo- sesses. by the Senate in 1992, with a vote of 93 cal recommendation by our No. 1 mili- Also, I note that he has not just to 6. The START II treaty was ap- tary expert, the Chairman of the Joint today but throughout his career de- proved in 1996 by a vote of 87 to 4. The Chiefs of Staff. fended the legitimacy of the powers of Moscow Treaty of 2003 was approved by One other very important element the Senate. He was very articulate over a vote of 95 to 0. that has been discussed, but cannot be the past number of years in criticizing We have heard extensive debate on over emphasized, is the destructive the abuse of filling the tree, where bills the floor of the Senate. People have consequence of having this treaty re- can be brought up and amendments are questioned the adequacy of the verifi- jected in terms of our relations with not allowed. He has believed that is an cation. I think those arguments have Russia. unhealthy trend in the Senate, and he been answered by Senator JOHN KERRY, Russia is vitally important to us as has been one of the most effective ad- chairman of the Foreign Relations we deal with Iran, vitally important to vocates in opposition to it. Committee, who has done such an ex- us as we deal with North Korea, vitally He sponsored and helped pass the cellent job in managing the treaty. important to us as we deal with a Armed Career Criminal Act. He was Questions have been raised about the whole range of international problems. one of the leaders in that. Having been missile defense, and I think that, too, For us to come right to the brink and a longtime prosecutor in Philadelphia, has been adequately responded to. This then to say no and reject it and seek to I like to tease our good friend Senator has nothing to do with the issue of mis- reopen it would have a very serious ef- LEAHY that he was a prosecutor, but it sile defense. fect on our relations with Russia, was in Vermont. Senator SPECTER had For me, a very key voice in this en- which are so important to our national to deal with a lot of crime in Philadel- tire issue has been the voice of Senator security. The other nations of the phia and was consistently reelected RICHARD LUGAR, who has pointed out world are watching in the wings what there for his effectiveness and is a true that this treaty does not deal with we do here. It would have a domino ef- source of insight into crime in America these collateral issues. This treaty is, fect on our relationship with other na- and has been an effective advocate for directly stated, an extension of the tions. fighting crime.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10859 I note also that he has a good view I thank Senator SPECTER very much them. We are moving forward with the about a Senator. He respects other for his service. phased adaptive approach to protect Senators. He was talking with me one I yield the floor. our allies, with the two-stage inter- time or I was sharing with him my con- The PRESIDING OFFICER. The Sen- ceptor as a hedge. cern about a matter, and he used a ator from Alaska is recognized. The unilateral statement by Russia phrase I heard him use more than once: NEW START TREATY also is nonbinding and is not even part Well, you are a U.S. Senator. In other Mr. BEGICH. Mr. President, I rise in of the treaty. Our own unilateral state- words, if you do not like it, stand up support of the New START treaty. I do ments make it clear that this treaty and defend yourself. He respected that, so for several reasons. will not constrain missile defense in even if he would disagree. First, of course, the treaty is essen- any way and that we will continue im- I remember another time Senator tial for national security. It promotes proving and deploying missile defense SPECTER was on the floor. I had just ar- transparency and stability between the systems to protect us and our allies. rived in the Senate. I wanted him to do two countries that possess the major- These types of statements in a treaty something—I have long since forgotten ity of the world’s nuclear weapons. It are not unprecedented. The right to what. will decrease the likelihood of a nu- withdraw has been stated in many pre- I said: Senator SPECTER, you could clear weapon falling into the hands of a vious treaties—the nonproliferation vote for this, and back home, you could rogue nation. treaty and the START treaty. Those say thus and so. For the residents of my State, the statements did not stop the Senate He looked right at me, and he said: treaty is close to home, literally. Alas- from ratifying those treaties. The lan- Senator, I don’t need your advice on ka and Russia are less than 3 miles guage in the New START treaty should how to conduct myself back home po- apart at the closest point in the Bering not either. In fact, this treaty actually litically. Sea. Commerce, scientific, educational, helps missile defense because it lessens I learned a lesson from that. I never and cultural exchanges are common- restrictions on test targets that were told another Senator that, I say to place between Alaska and our Russian in the previous treaty. We will have Senator SPECTER. Who am I to tell you neighbors. So peaceful coexistence more flexibility in testing. how to conduct yourself politically with Russia is more than an abstract We have heard from our national se- back home in the State of Pennsyl- concept to my constituents; it is a way curity leaders that this treaty does not vania? of life. constrain ballistic missile defense in Senator SPECTER chaired the Judici- any way. Secretary of State Hillary ary Committee during the confirma- The second reason this treaty is per- sonal for Alaskans is because of our Clinton, Secretary of Defense Robert tions of Chief Justice Roberts and Jus- Gates, Chairman of the Joint Chiefs of tice Alito. He was the leading Repub- close proximity to North Korea. When North Korea’s leader exercises his po- Staff Mike Mullen, Missile Defense lican chair at that time. He raised Agency Director LTG Patrick O’Reilly, questions about the nominees. But as litical muscle by firing test missiles or threatening to attack the United former Strategic Commander GEN chairman of the committee, with the Kevin Chilton, and countless others votes and support of his Republican States, Alaskans get nervous because we are most directly in the line of fire. confirm that this treaty in no way lim- colleagues, he protected our rights, he its our ballistic missile defense plans. protected our interests. He did not Thankfully, my home State is home to the ground-based missile defense We cannot disregard the views of our back down one time on any action by Nation’s most senior military and ci- the other party that would have denied system. Based at Fort Greely, this so- phisticated system of more than two vilian leaders on this critical issue be- the ability to move that nomination cause of politics. forward to a vote and protect the dozen ground-based interceptors is maintained and operated by highly We have had almost 7 months to con- rights of the parties on our side. sider this treaty. We have had numer- Those are a few things that come to trained members of the Alaska Na- tional Guard. I was pleased to show De- ous hearings and briefings—more on mind when I think about the fantastic this treaty than any other single item fense Secretary Robert Gates this service he has given to the Senate. He I have been involved in since I have state-of-the-art system last year. I is one of our most able Members, one of been here. In that time, I heard no cur- worked with my colleagues on both our most effective defenders of senato- rent or former national security leader sides of the aisle to make sure this sys- rial prerogative and independence, one say this treaty is a detriment to bal- tem gets the resources and funding it of our crime fighters without par, and listic missile defense. What they say warrants to protect us. I will continue one of the best lawyers in the Senate, and what we know is that the New to do that. a person who is courageous and strong. START treaty will strengthen national I would be troubled if the New Even when he was conducting those security and will not constrain bal- START treaty impacted our Nation’s very intense Alito and Roberts hear- listic missile defense. ings—it was just after he had serious missile defense system. I know some of For all of these reasons, I urge a cancer treatment, the chemotherapy. I my colleagues on the other side of the prompt approval of this vital treaty for know he didn’t feel well, but he was aisle would be equally concerned. For- our Nation and our world. fabulous in conducting himself at that tunately, such concerns are unfounded. Mr. President, I yield the floor. time. Throughout all of that treat- I am confident nothing in this treaty The PRESIDING OFFICER. The Sen- ment, his work ethic surpassed by far will limit our ability to defend our- ator from Colorado is recognized. that of most Senators in this body. It selves and our allies against a ballistic Mr. BENNET. Mr. President, I ask has been an honor to serve with him. missile attack from a rogue nation. unanimous consent that my statement I see my other colleagues. I know The preamble of this treaty simply and that of Senator UDALL appear as in Senator COBURN wanted to come down. acknowledges the relationship between executive session and that the time be He was told he might be able to speak offensive and defensive strategic arms charged postcloture. around noon. and verifies that current defensive The PRESIDING OFFICER. Without SENATOR SPECTER strategic arms do not undermine the objection, it is so ordered. Mr. BENNET. Mr. President, first, offensive forces. The preamble is non- NOMINATION OF BILL MARTINEZ before I get into my remarks, I wish to binding. There is no action or inaction Mr. BENNET. Mr. President, I rise say how much I appreciated the re- arising from this statement. today to state my strong support for marks of Senator SPECTER today. I, for The section of the treaty prohibiting the nomination of Bill Martinez to one, hope Senators on both sides of the conversion of missile silos or launchers serve on the U.S. District Court for the aisle, Democrats and Republicans, heed for ballistic missile defense purposes District of Colorado. Having rec- his closing remarks as he described does not impact us. It is not something ommended his candidacy to the Presi- them and also the farewell remarks of we are planning to do. In fact, we are dent, along with my colleague Senator so many Senators over the last 2 or 3 in the process of completing a missile UDALL, I believe he is eminently quali- weeks. I think there is a lot of wisdom field in Alaska to field interceptors. fied for the Federal bench. we can apply to our work going for- The field will have seven spare silos to Bill was nominated to serve on the ward. deploy more interceptors if we need U.S. District Court for the District of

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For those who work of the Judiciary Committee, both Bill’s personal story is a tribute to this might not have been involved in the Democrats and Republicans, who have country and embodies the American markup, I would like for everyone in moved this nomination forward and are dream. He is an immigrant success this body to know this resolution of trying to finish it before the end of the story. Bill was born in Mexico and im- ratification, thanks to the good will of 111th Congress. migrated with his family to the United the chairman of our committee, was Our State has two vacancies on the States at a young age. He was the first mostly drafted by Republicans. It was district court. Both vacancies are over in his family to attend college and law drafted, with the approval, certainly, 2 years old, with one close to 3 years school. His rise through the legal pro- of the chairman, but this was drafted old. Because there are only seven Fed- fession is a great example for bright, by Senator LUGAR, by myself, Senator eral judgeships in our State, the other young law students, and, indeed, for us KYL had tremendous input into this, judges are facing ever-growing case- all. and Senator ISAKSON. loads, resulting in significant backlogs I urge my colleagues to vote for Bill’s So the resolution of ratification we for those seeking justice. nomination. He is a model nominee for are amending today had tremendous In fact, the administrative office of the Federal district court, an expert in Republican input. As a matter of fact, the courts has declared the vacancy labor and employment law who will it was done mostly by Republicans. As situation in Colorado a judicial emer- serve Coloradans well. Bill Martinez a matter of fact, this resolution of rati- gency. It is important that we move has the experience and strong sense of fication is called the Lugar-Corker res- these nominations forward to prevent civic responsibility we need on the olution. This is what came out of com- further backlogs and judicial emer- Federal bench. mittee. gencies, and I pledge to work with my I thank the chairman for his guid- One of the things that has concerned colleagues on both sides of the aisle to ance of this nomination, and I urge my people on both sides of the aisle has make sure we can work together to colleagues to vote to confirm Bill to been this whole issue of modernization. confirm judicial nominees such as Bill Colorado ’s Federal bench. I have seen something of beauty over Martinez in a timely manner. I also would be remiss, if I didn’t the last year. About 1 year ago, I met thank my senior Senator, MARK I believe, after careful review of Bill with Senator KYL in the Senate Dining Martinez’s experience, my colleagues UDALL, for his extraordinary efforts to Room, and we began looking at the will see this is someone well worth con- make sure we had a fair, balanced, and modernization of our nuclear arsenal. firming. Bill is currently at a law firm thoughtful search process. I think that Many people have focused during this in Denver, where he primarily rep- process for this appointment and for debate on the fact that we have 1,550 resents plaintiffs in Federal and State the others whom we have done already warheads as a limitation, if you will, in courts and before arbitrators and ad- are a model for the country, and it is a this treaty. But they fail to realize we ministrative agencies. He is certified real testament to Senator UDALL’s have over 5,000 warheads in our nuclear as AAA arbitrator in employment dis- leadership. arsenal, all of which need to be mod- With that, I yield the floor. putes. ernized, and all of which are getting Prior to starting his own firm, he was The PRESIDING OFFICER. The Sen- ator from Tennessee. ready to be obsolete if we don’t make a regional attorney of the U.S. EEOC the investment. NEW START TREATY in its Denver district office. Senator As a matter of fact, the Presiding Of- Mr. CORKER. Mr. President, I know UDALL will be going into more detail ficer and I have visited some of the labs today is a pretty monumental day as it regarding this nominee. throughout our country. There are There, Bill had responsibility for the relates to the START treaty we have seven facilities we have in this country Commission’s legal operations and been discussing for some time, and to- that deal with our nuclear arsenal. Federal court enforcement litigation in morrow will be a big day in that regard Many of those are becoming obsolete the office’s six-State jurisdiction. too. I think there is nothing more we and must have needed investment. Before joining the EEOC, Bill worked care about than our country being se- in private practice on employment, se- cure. I have two daughters who are 21 I have watched Senator KYL over the curities and commercial litigation. and 23, a wonderful wife, and extended last year, in a very methodical way— I know some want to focus on his pro family, as does every Member in this under his leadership, with me as his bono work and try to make political room, and there is nothing I take more wing man, and others—working to assumptions about him from a small seriously than making sure our coun- make sure the proper modernization of portion of his career. But I know Bill, try is secure. our nuclear arsenal takes place. There and he is the sum of a lot of great work So as a member of the Foreign Rela- is no question in my mind—there is no in the public and private sectors. tions Committee, when we entered into question in my mind—if it were not for For example, while at the EEOC Bill discussions relating to the START the discussion of this treaty, we would was in charge of an age discrimination treaty, I attended 11 of the 12 hearings. not have the commitments we have class action suit that resulted in a set- I have been in multiple classified meet- today on modernization. tlement of nearly $200 million for 3,200 ings, I have spoken to military leaders This is the 1251 report that is re- laid off engineers. This is one of the across our country, and I have been in quired by Defense authorization. This largest ever age discrimination class so many intelligence briefings that I has been updated twice due to the ef- actions. have begun to speak like an intel- forts of Republicans, led by Senator Bill began his career at the Legal As- ligence officer. So I have taken this re- KYL, who has done an outstanding job. sistance Foundation of Chicago, rep- sponsibility very seriously. This has been updated twice. First, we resenting indigent clients and other in- I wish to say there are numbers of had a 5-year update about 60 days ago, dividuals seeking low- or no-cost coun- people who obviously are still making and we had a 10-year update that came sel. This is a nominee whose breadth of up their mind regarding this treaty, thereafter. This is our nuclear mod- legal experience has spanned the pro- and that is why I came to the floor. ernization plan. fession, and I think for that reason One of the things we do when we end up Mr. President, I ask unanimous con- alone he should be confirmed. ratifying a treaty is we have something sent to have printed in the RECORD the Over the course of his legal career, called a resolution of ratification. No nuclear modernization plan as part of Bill has been lead or colead counsel in doubt this treaty was negotiated by this debate. complex litigation, resulting in 18 pub- the President and his team—the Sec- There being no objection, the mate- lished opinions from Federal and State retary of State and others who work rial was ordered to be printed in the courts in Colorado and Illinois. Bill’s with Secretary Clinton—and no doubt RECORD, as follows:

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NOVEMBER 2010 UPDATE TO THE NATIONAL DE- Specifically, the President plans to request year has been added to the FY 2012 FYNSP FENSE AUTHORIZATION ACT OF FY2010 SEC- $7.6 billion for FY 2012 (an increase of $0.6 for this purpose. TION 1251 REPORT billion over the planned FY 2012 funding W88 AF&F—The 1251 Report addressed the NEW START TREATY FRAMEWORK AND NUCLEAR level included in the FY 2011 FYNSP). Thus, intent to study, among other things, a com- FORCE STRUCTURE PLANS in two years, the level of funding for this mon warhead for the W78 and the W88 as an program requested will have increased by option for W78 life extension. Early develop- Introduction $1.2 billion, in nominal terms, over the $6.4 ment of a W88 Arming, Fuzing, and Firing This paper updates elements of the report billion level appropriated in FY 2010. Alto- system (AF&F) would enhance the evalua- that was submitted to Congress on May 13, gether, the President plans to request $41.6 tion of commonality options and enable 2010, pursuant to section 1251 of the National billion for FY 2012–2016 (an increase of $4.1 more efficient long-term sustainment of the Defense Authorization Act for Fiscal Year billion over the same period from the FY 2011 W88. Approximately $400 million has been 2010 (Public Law 111–84) (‘‘1251 Report’’). FYNSPT—). added to the FY 2012–16 FYNSP for this pur- 2. National Nuclear Security Administration Given the extremely tight budget environ- pose. and modernization of the complex—an ment facing the federal government, these Stockpile Systems and Services—NNSA is overview requests to the Congress demonstrate the now seeking to execute a larger program of From FY 2005 to FY 2010, a downward trend priority the Administration’s places on stockpile maintenance than assumed in in the budget for Weapons Activities at the maintaining the safety, security and effec- planning the FY 2011 budget and than pro- National Nuclear Security Administration tiveness of the deterrent. jected in the 1251 Report. The additional (NNSA) resulted in a loss of purchasing 3. NNSA—Program Changes and New Re- work includes an increase in the develop- power of approximately 20 percent. As part quirements since submission of the 1251 ment/production of the limited life compo- of the 2010 Nuclear Posture Review, the Ad- Report nents to support the weapons systems. Con- sequently, the Administration plans to re- ministration made a commitment to mod- A. Update to Stockpile Stewardship and quest increased funding of $40 million in FY ernize America’s nuclear arsenal and the Sustainment complex that sustains it, and to continue to 2012 for the production of neutron generators Surveillance—Surveillance activities are and gas transfer systems. NNSA and DoD are recruit and retain the best men and women essential to enabling continued certification to maintain our deterrent for as long as nu- aligned for the delivery of essential hard- of the reliability of the stockpile without nu- ware to ensure no weapon fails to meet re- clear weapons exist. To begin this effort, the clear testing. Surveillance involves with- President requested a nearly 10 percent in- quirements. drawing weapons from deployment and sub- New Experiments—NNSA’s current science crease for Weapons Activities in the FY 2011 jecting them to laboratory tests, as well as budget, and $4.4 billion in additional funds and surveillance activities have been more joint flight tests with the DoD to assess successful than originally anticipated in en- for these activities for the FY 2011 Future their reliability. These activities allow de- Years Nuclear Security Plan (FYNSP). These suring the reliability of our existing stock- tection of possible manufacturing and design pile without nuclear testing. As we continue increases were reflected in the 1251 report defects as well as material degradation over provided to Congress in May 2010. to develop modern life extension programs, time. NNSA has also received recommenda- however, NNSA and the laboratories are con- The Administration spelled out its vision tions from the National Laboratory direc- of modernization through the course of 2010. sidering even more advanced methods for tors, the DoD, the STRATCOM Strategic Ad- evaluating the best technical options for life In February, soon after the release of the visory Group, and the JASON Defense Advi- President’s budget, the Vice President gave a extension programs, including refurbish- sory Panel that the nuclear warhead/bomb ment, reuse and replacement of nuclear com- major address at the National Defense Uni- surveillance program should be expanded. versity in which he highlighted the need to ponents. One such effort of interest that In response to this broad-based advice, could aid in our efforts includes expanded invest in our nuclear work force and facili- NNSA has reviewed the stockpile surveil- ties. Several reports to Congress provided subcritical experiments designed to mod- lance program and its funding profile. From ernize warhead safety and security features the details of this plan, including: NNSA’s FY 2005 through FY 2009, funding for surveil- detailed FY 2011 budget request, submitted without adding new military capabilities or lance activities, when adjusted for inflation, pursuing explosive nuclear weapons testing. in February; the strategy details in the Nu- fell by 27 percent. In recognition of the seri- clear Posture Review (NPR) (April); the 1251 This program might include so-called ous concerns raised by chronic underfunding ‘‘scaled experiments’’ that could improve the report (May); and the multi-volume Stock- of these activities, beginning in FY 2010, the pile Stewardship and Management Plan performance of predictive capability calcula- surveillance budget has been increased by 50 tions by providing data on plutonium behav- (SSMP) (June). Over the last several months, percent, from $158 million to $239 million. In senior Administration officials have testified ior under compression by insensitive high ex- the FY 2012 budget, the President will seek plosives. In order to thoroughly understand before multiple congressional committees on to sustain this increase throughout the the modernization effort. this issue, to assess its cost-effectiveness and FYNSP. This level of funding will assure to ensure that there is a sound technical The projections in the Future Years Nu- that the required surveillance activities can clear Security Plan (FYNSP) that accom- basis for any such effort, the Administration be fully sustained over time. will conduct a review of these proposed ac- panied the FY 2011 budget submission and Weapon System Life Extension—The Ad- tivities and potential alternatives. the 1251 report by the President are, appro- ministration is committed to pursuing a priately called, ‘projections.’ They are not a fully funded Life Extension Program for the B. Updates to Modernization of the Nuclear ‘fixed in stone’ judgment of how much a nuclear weapons stockpile. The FY 2011 Weapons Complex given project or program may cost. They are budget submission and the NPR outlined ini- Modernization of the complex includes re- a snapshot in time of what we expect infla- tial plans. Since May 2010, additional work ducing deferred maintenance, constructing tion and other factors to add up to, given a has further defined the requirements to ex- replacement facilities, and disposing of sur- specific set of requirements (that are them- tend the life of the following weapon sys- plus facilities. The Administration is com- selves not fixed) over a period of several tems: mitted to fully fund the construction of the years. Budget projections, whether in the W76—The Department of Defense has final- Uranium Processing Facility (UPF) and the FYNSP and other reports, are evaluated ized its assessment of the number of W76 Chemistry and Metallurgy Research Re- each year and adjusted as necessary. warheads recommended to remain in the placement (CMRR), and to doing so in a Indeed, planning and design, as well as stockpile to carry out current guidance. The manner that does not redirect funding from budget estimates, have evolved since the number of W76–1 life-extended warheads the core mission of managing the stockpile budget for FY 2011 was developed. Notably, needing completion is larger than NNSA and sustaining the science, technology and stockpile requirements to fully implement built into its FY 2011 budget plans. NNSA, engineering foundation. To this end, in addi- the NPR and the New START Treaty have with the support of the DoD, has adjusted its tion to increased funding for CMRR and been refined, and the NNSA has begun exe- plan accordingly to ensure the W76–1 build is UPF, the FY 2012 budget will increase fund- cuting its Stockpile Stewardship and Man- completed in FY 2018, an adjustment of one ing over the FY 2012 number in the 2011 agement Plan (SSMP). This update will dis- year that is endorsed by the Nuclear Weap- FYNSP for facilities operations and mainte- cuss, in particular, evolving life extension ons Council. This adjustment will not affect nance by approximately $176 million. programs (LEP) and progress on the designs the timelines for B61 or W78 life extensions. Readiness in Technical Base and Facilities of key facilities such as the Uranium Proc- The LEP will be fully funded for the life of (RTBF): CMRR and UPF Construction— essing Facility (UPF) and the Chemistry and the program at $255 million annually. These two nuclear facilities are required to Metallurgy Research Replacement (CMRR). B61—NNSA began the study on the nuclear ensure the United States can maintain a Based on this additional work, and the de- portion of the B61 life extension in August safe, secure and effective arsenal over the velopment of new information and insights, 2010, six months later than the original plan- long-term. The NPR concluded that the the President is prepared to seek additional ning basis. To overcome this delay, NNSA United States needed to build these facili- resources for the Weapons Activities ac- will accelerate the technology maturation, ties; the Administration remains committed count, over and above the FY 2011 FYNSP, warhead development, and production engi- to their construction. for the FY 2012 budget and for the remainder neering that is necessary to retain the sched- Construction of large, one-of-a-kind facili- of the FYNSP period (FY 2013 through FY ule for the completion of the first production ties such as these presents significant chal- 2016). unit in FY 2017. An additional $10 million per lenges. Several reviews by the Government

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10862 CONGRESSIONAL RECORD — SENATE December 21, 2010 Accountability Office, as well as a ‘‘root- such as forward funding, may be useful in Risk Reduction Project at Y–12, $25 million cause’’ analysis conducted by the Depart- the future for providing funding stability to for the Test Capabilities Revitalization ment of Energy in 2008, have found that ini- these projects, at this early design stage, Project at Sandia, as well as $9.8 million for tiating construction before designs are large- well before we have a more complete under- the Transuranic Waste Facility and $20 mil- ly complete contributes to increased costs standing of costs, NNSA has determined that lion for the TA–55 Reinvestment Project at and schedule delays. In response to these re- it would not yet be appropriate and possibly LANL. views, and in order to assure the best value counterproductive to pursue such mecha- RTBF: Construction Management—Be- for the taxpayers, NNSA has concluded that nisms until we reach the 90% design point. cause of the unprecedented scale of construc- reaching the 90% engineering design stage As planning for these projects proceeds, tion that NNSA is initiating, both in the nu- before establishing a project baseline for NNSA and OMB will continue to review all clear weapons complex and in non- prolifera- these facilities is critical to the successful appropriate options to achieve savings and tion activities, the Administration recog- pursuit of these capabilities. efficiencies in the construction of these fa- nizes that stronger management structures The ten-year funding plan reported in the cilities. and oversight processes will be needed to 1251 Report reflected cost estimates for these The combined difference between the low prevent cost growth and schedule slippage. two facilities that were undertaken at a very and high estimates for the UPF and CMRR NNSA will work with DoD, OMB, and other early stage of design (about 10% complete), facilities ($4.4 billion) results in a range of were preliminary, and could not therefore affected parties to analyze current processes costs beyond FY 2016 as shown in Figure 3. and to consider options for enhancements. provide the basis for valid, longer-range cost Note that for the high estimate, the facili- estimates. The designs of these two facilities ties would reach completion in FY 2023 for C. Pension Cost Growth and Alternative are now about 45% completed; the estimated CMRR and FY 2024 for UPF. For each facil- Mitigation Strategies costs of the facilities have escalated. Re- ity, functionality would be attainable by FY NNSA has a large contractor workforce sponsible stewardship of the taxpayer dollars 2020 even though completion of the total that is covered by defined-benefit pension required to fund these facilities requires projects would take longer. plans for which the U.S. Government as- close examination of requirements of all Readiness in the Technical Base of Facili- sumes liability. Portfolio management deci- types and to understand their associated ties (RTBF)—Operations and Maintenance sions, market downturns, interest rate de- costs, so that NNSA and DoD can make in- In order to implement an increased scope creases, and new statutory requirements formed decisions about these facilities. To of work for stockpile activities, especially have caused large increases in pension costs. this end, NNSA, in cooperation with the surveillance and the ongoing life extension The Administration is fully committed to DoD, is carrying out a comprehensive review programs (LEPs), the following will be sup- keeping these programs solvent without of the safety, security, environmental and ported: harming the base programs. The Administra- programmatic requirements that drive the NNSS—Full experimental facility avail- tion will therefore cover total pension reim- costs of these facilities. In parallel with, and ability to support ongoing subcritical and bursements of $875 million for all of NNSA in support of this effort, separate inde- other experiments necessary for certification for FY 2012, adding $300 million more to the pendent reviews are being conducted by the of life extension technologies. NNSA topline than the amount provided in Corps of Engineers and the DOE Chief Finan- Pantex—Funds are included in the FY 2012 FY 2011. Over the five year period FY 2012 to cial Officer’s Cost Analysis Office. In addi- request to fully cover anticipated needs for FY 2016, the Administration will provide a tion, the Secretary of Energy is convening flood prevention. total of $1.5 billion above the FY 2011 level. his own review, with support from an inde- SNL—Replacement of aging and failing About three-quarters of this funding is asso- pendent group of senior experts, to evaluate equipment at the Tonopah Test Range in Ne- ciated with Weapons Activities and is in- facility requirements. vada to facilitate the increasing pace of op- cluded in the funding totals for those pro- The overriding focus of this work is to en- erations support for the B61; and Micro-elec- grams noted above. sure that UPF and CMRR are built to tronics, engineering test, and surveillance achieve needed capabilities without incur- actions at SNL to support the B61, W76 and The Administration will conduct an inde- ring cost overruns or scheduling delays. We W78 that require additional equipment main- pendent study of these issues using the ap- expect that construction project cost base- tenance in facilities and the need to operate propriate statutory and regulatory frame- lines for each project will be established in engineering test facilities that currently op- work to inform longer-term decisions on pen- FY 2013 after 90% of the design work is com- erate in a periodic campaign mode. sion reimbursements. The Administration is pleted. At the present time, the range for the LLNL, LANL, and Y–12—Investments in in- evaluating multiple approaches to determine Total Project Cost (TPC) for CMRR is $3.7 frastructure and construction, including sup- the best path to cover pension plan contribu- billion to $5.8 billion and the TPC range for port for Site 300, PF–4, and Nuclear Facili- tions, while minimizing the impact to mis- UPF is $4.2 billion to $6.5 billion. TPC esti- ties Risk Reduction. sion. Contractors are evaluating mitigation mates include Project Engineering and De- Kansas City—Investment sufficient to strategies, such as analyzing plan changes, sign, Construction, and Other Project Costs meet LEP needs for the W76–1, B–6I, and W78/ identifying alternative funding strategies, from inception through completion. Over the 88 while preparing and completing the move and seeking increased participant contribu- FYNSP period (FY 2012–2016) the Administra- to the KCRIMS site at Botts Road. tions. Also, contractors have been directed tion will increase funding by $340 million Savannah River—Sufficient investment to to look into other human resource areas compared with the amount projected in the ensure that availability of tritium supplies where savings can be achieved, in order to FY 2011 FYNSP for the two facilities. adequate for stockpile needs is assured. help fund pension plan contributions. At this early stage in the process of esti- RTBF: Other Construction—As the CMRR 3. Summary of NNSA Stockpile and Infra- mating costs, it would not be prudent to as- and UPF projects are completed, NNSA will structure Costs sume we know all of the annual funding re- continue to modernize and refurbish the bal- quirements over the lives of the projects. ance of its physical infrastructure over the A summary of estimated costs specifically Funding requirements will be reconsidered next ten years. The FY 2012 budget request related to the Nuclear Weapons Stockpile, on an ongoing basis as the designs mature includes $67 million for the High Explosive the supporting infrastructure, and critical and as more information is known about Pressing Facility project that is ongoing at science, technology and engineering is pro- costs. While innovative funding mechanisms, Pantex, $35 million for the Nuclear Facilities vided in Table 1. TABLE 1—TEN-YEAR PROJECTIONS FOR WEAPONS STOCKPILE AND INFRASTRUCTURE COSTS

Fiscal year $ Billions 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Directed Stockpile...... 1.5 1.9 2.0 2.1 2.3 2.5 2.6 2.6 2.6 2.6 2.6 Science Technology & Engineering Campaigns...... 1.6 1.7 1.8 1.8 1.8 1.8 1.9 2.0 2.1 2.2 2.3 Readiness in Technical Base and Facilities ...... 1.8 1.8 2.1 2.3 2.5 2.5 2.5 2.7 2.8–2.9 2.9–3.1 2.9–3.3 UPF ...... 0.1 0.1 0.2 0.2 0.4 0.4 0.4 0.48–0.5 0.48–0.5 0.48–0.5 0.38–0.5 CMRR ...... 0.1 0.2 0.3 0.3 0.4 0.4 0.4 0.48–0.5 0.4–0.5 0.3–0.5 0.2–0.5 Secure Transportation...... 0.2 0.2 0.3 0.2 0.3 0.3 0.3 0.3 0.3 0.3 0.3

Defense Programs Subtotal...... 5.2 5.7 6.1 6.5 6.9 7.1 7.3 7.5–7.6 7.7–7.9 7.9–8.2 8.0–8.4 Other Weapons...... 1.2 1.3 1.3 1.3 1.3 1.3 1.4 1.4 1.4 1.4 1.5

Subtotal, Weapons...... 6.4 7.0 7.4 7.8 8.2 8.5 8.7 8.9–9.0 9.2.9.3 9.4–9.6 9.4–9.8 Contractor Pensions Cost Growth ...... 0.2 0.2 0.2 0.2 0.2 *TBD *TBD *TBD *TBD

Total, Weapons...... 6.4 7.0 7.6 7.9 8.4 8.7 8.9 8.9–9.0 9.2–9.3 9.4–9.6 9.4–9.8 Numbers may not add due to rounding. * Anticipated costs for contractor pensions have been calculated only through FY 2016. For FY 2017–2020, uncertainties in market performance, interest rate movement, and portfolio management make prediction of actual additional pension liabilities, assets, and contribution requirements unreliable.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10863 4. Plans for Sustaining and Modernizing U.S. The Capabilities-Based Assessment (CBA) Mr. CORKER. Mr. President, the rea- Strategic Delivery Systems for the ICBM follow-on system is underway. son I want that entered into the The Administration remains committed to By late 2011, the study plan for the AoA, RECORD, over the next 10 years, what the sustainment and modernization of U.S. including the scope of options to be consid- this calls for is $86 billion—$86 billion— strategic delivery systems, to ensure con- ered, will be completed. In 2012, the AoA will begin. worth of investment throughout the tinuing deterrent capabilities in the face of seven facilities throughout our country evolving challenges and technological devel- In FY 2014, the AoA will be completed, and opments. DoD’s estimates of costs to sustain DoD will recommend a specific way-ahead on nuclear armaments and over $100 and modernize strategic delivery systems for an ICBM follow-on to the President. billion on the delivery mechanisms to will be updated as part of the President’s FY The Air Force is funding the ongoing CBA ensure that these warheads are deliver- 2012 budget request; until this budget request effort at approximately $26 million per year. able. is finalized, figures provided in the May 2010 Given the inherent uncertainties about mis- So one might say: Well, that is great, 1251 report remain the best available cost es- sile configuration and basing prior to the but how are we going to be sure? How completion of the AoA, DoD is unable to pro- timates. are we going to be sure the appropri- The following section of this report pro- vide costs for its potential development and procurement at this time. However, DoD ex- ators actually ask for the money? vides the latest information on DoD’s efforts Mr. President, I ask unanimous con- to modernize the Triad, including expected pects to be able to include funding for sent to have printed in the RECORD a timelines for key decisions. RDT&E for an ICBM follow-on system in the FY 2013 budget request, based on initial re- letter signed on December 16 by Chair- Strategic Submarines (SSBNs) and Submarine- sults from the AoA. man INOUYE, Senators DIANNE FEIN- Launched Ballistic Missiles (SLBMs) The Air Force plans to sustain the Minute- STEIN, THAD COCHRAN, and LAMAR AL- As the NPR and the 1251 Report note, the man III through 2030. That sustainment in- EXANDER. United States will maintain continuous at- cludes substantial ongoing life extension sea deployments of SSBNs in the Atlantic There being no objection, the mate- programs, cost data for which was provided rial was ordered to be printed in the and Pacific Oceans, as well as the ability to to Congress in the May 2010 Section 1251 Re- surge additional submarines in crisis. The port. RECORD, as follows: current Ohio-class SSBNs, have had their Heavy Bombers U.S. SENATE, service life extended by a decade and will Washington, DC, December 16, 2010. DoD plans to sustain a heavy bomber leg of commence retirement in FY 2027. DoD plans THE WHITE HOUSE, a transition between the retiring Ohio-class the strategic Triad for the indefinite future, Washington, DC. SSBNs and the Ohio-class replacement that and is committed to the modernization of DEAR MR. PRESIDENT: We are writing to ex- creates no gap in the U.S. sea-based strategic the heavy bomber force. Thus, the question press our support for ratification of the New deterrent capability. being addressed in DoD’s ongoing long-range START Treaty and full funding for the mod- Current key milestones for the SSBN re- strike study is not whether to pursue a fol- ernization of our nuclear weapons arsenal, as placement program include: low-on heavy bomber, but the appropriate outlined by your updated report that was Research, development, test, and evalua- type of bomber and the timelines for devel- mandated by Section 1251 of the Defense Au- tion (RDT&E) began in FY 2010 and con- opment, production, and deployment. The thorization Act for Fiscal Year 2010. tinues with the goal of achieving 10 percent long-range strike study, which is also consid- We also ask that, in your future budget re- greater design maturity prior to starting ering related investments in electronic at- quests to Congress, you include the funding procurement than the USS VIRGINIA class tack, intelligence, surveillance and recon- identified in that report on nuclear weapons had before procurement started; naissance, air- and sea-delivered cruise mis- modernization. Should you choose to limit In FY 2015, the Navy will begin the de- siles, and prompt global strike, will be com- non-defense discretionary spending in any tailed design and advanced procurement of pleted in time to inform the President’s future budget requests to Congress, funding critical components; budget submission for FY 2012. for nuclear modernization in the National In FY 2019, the Navy will begin the seven- As stated in the May 2010 1251 Report, Nuclear Security Agency’s proposed budgets year construction period for the new SSBN pending the results of the long-range strike should be considered defense spending, as it lead ship; study, estimated costs for a follow-on bomb- is critical to national security and, there- In FY 2026, the Navy will begin the three- er for FY 2011 through FY 2015 are $1.7 billion fore, not subject to such limitations. Fur- year strategic certification period for the and estimated costs beyond FY 2015 are to- ther, we ask that an updated 1251 report be lead ship; and be-determined. DoD intends to provide any submitted with your budget request to Con- In FY 2029, the lead ship will commence ac- necessary updates to cost estimates along gress each year. tive strategic at-sea service. with the President’s budget submission for We look forward to working with you on The Analysis of Alternatives (AoA) consid- FY 2012. the ratification of the New START Treaty ered three platforms concepts for the Ohio- The Air Force plans to retain the B–52 in and modernization of the National Nuclear class Replacement: VIRGINIA-Insert, OHIO- the inventory through at least 2035 to con- Security Agency’s nuclear weapons facili- Like, and a New Design. DoD is currently tinue to meet both nuclear and conventional ties. This represents a long-term commit- evaluating the advantages and disadvantages mission requirements. The Air Force will ment by each of us, as modernization of our of each concept, including cost tradeoffs, make planned upgrades and life extensions nuclear arsenal will require a sustained ef- with the goal of meeting military require- to the fleet. The B–2 fleet is being upgraded fort. ments at an affordable cost. An initial mile- through three top priority acquisition pro- Sincerely, stone decision is expected by the end of cal- grams: the Radar Modernization Program DANIEL K. INOUYE. endar year 2010 to inform the program and (RMP), Extremely High Frequency (EHF) DIANNE FEINSTEIN. budget moving forward. Satellite Communications and Computers, THAD COCHRAN. After the initial milestone design decision and Defensive Management System (DMS), LAMAR ALEXANDER. is made, DoD will be able to provide any ad- as well as multiple smaller sustainment ini- Mr. CORKER. Mr. President, that justments to the estimated total costs for tiatives. letter says to the President that they the Ohio-class replacement program. Thus, Air Launched Cruise Missile (ALCM) will ask for the moneys necessary to today’s estimated total costs for FY 2011 DoD intends to replace the current ALCM through FY 2020 remain the same as reported modernize our nuclear arsenal; that with the advanced long range standoff they agree to ask for that money as in the 1251 Report: a total of approximately (LRSO) cruise missile. The CBA for the $29.4 billion with $11.6 billion for R&D and part of their appropriations bill. LRSO is underway. An AoA will be con- So, then, you might say: Well, what $17.8 billion for design and procurement. ducted from approximately spring 2011 As noted in the 1251 Report, the Navy plans about the President? Will the President through fall 2013. The AoA will define the to sustain the Trident II D5 missile, as car- platform requirements, provide cost-sen- actually, in his budget, ask Congress to ried on Ohio-class Fleet SSBNs as well as the sitive comparisons, validate threats, and es- ask for that money? next generation SSBN, through a least 2042 tablish measures of effectiveness, and assess Mr. President, I ask unanimous con- with a robust life-extension program. candidate systems for eventual procurement sent to have printed in the RECORD a Intercontinental Ballistic Missiles (ICBMs) and production. letter from the President of the United As stated in the Nuclear Posture Review, The Air Force has programmed approxi- States, dated December 20, addressed while a decision on an ICBM follow-on is not mately $800 million for RDT&E over the to the appropriators who just wrote the needed for several years, preparatory anal- FYDP for the development of LRSO. Based letter I mentioned, saying that he, in ysis is needed and is in fact now underway. on current analysis of the program, the Air fact, will ask for those funds in the This work will consider a range of deploy- Force expects low rate initial production of ment options, with the objective of defining LRSO to being in approximately 2025, while budget he puts forth in the next few a cost-effective approach for an ICBM follow- the current ALCM will be sustained through months. on that supports continued reductions in 2030. Until the planned AoA is completed, There being no objection, the mate- U.S. nuclear weapons while promoting stable DoD will not have a basis for accurately esti- rial was ordered to be printed in the deterrence. Key milestones include: mating subsequent costs. RECORD, as follows:

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10864 CONGRESSIONAL RECORD — SENATE December 21, 2010 THE WHITE HOUSE, have received if it were not for the dis- each of us, the 100 of us in this body, to Washington, December 20, 2010. cussion of this treaty. decide whether we ratify this treaty. Hon. LAMAR ALEXANDER, The two are very related. I have But I think it is also at least inter- U.S. Senate, heard a lot of people say there is no esting to get input from others. Washington, DC. DEAR SENATOR ALEXANDER: Thank you for real relationship between the two. One of the things our side of the aisle your letter regarding funding for the mod- There is a lot of relationship between likes to do is we like to listen to mili- ernization of the nuclear weapons complex the two, in that I think Americans tary leaders and what they have to say and for your expression of support for ratifi- want to know if we are going to limit about issues relating to the war—Af- cation of the New START Treaty. ourselves to 1,550 warheads, that we ghanistan or Iraq—and certainly the As you know, in the Fiscal Year 2011 budg- know they operate, we know they can issue of how we enter into nuclear trea- et, I requested a nearly 10 percent increase in be delivered, and we know the thou- ties with other countries. the budget for weapons activities at the Na- tional Nuclear Security Administration sands of warheads we have that are not I will ask to have printed in the (NNSA). In May, in the report required by deployed are warheads that will be RECORD a letter to Senator KERRY from Section 1251 of the National Defense Author- kept up. the Joint Chiefs of Staff talking about ization Act for Fiscal Year 2010, I laid out a We have talked a lot about missile their firm commitment for the START 10 year, $80 billion spending plan for NNSA. defense, and I just wish to say I have treaty on the basis that it increases The Administration submitted an update to been through every word of this treaty, our national security. that report last month, and we now project I have been through every word of the I ask unanimous consent to have over $85 billion in spending over the next annexes, I have been through every printed in the RECORD this letter dated decade. I recognize that nuclear modernization re- word of the protocols and I have been December 20 from ADM Mike Mullen, quires investment for the long-term, in addi- in countless briefings and there is Chairman of our Joint Chiefs. tion to this one-year budget increase. That is nothing in this treaty that limits our There being no objection, the mate- my commitment to the Congress—that my missile defense other than the fact that rial was ordered to be printed in the Administration will pursue these programs we cannot convert ICBM launchers RECORD, as follows: and capabilities for as long as I am Presi- that we use on the offense for missile CHAIRMAN OF THE dent. defense—something our military lead- JOINT CHIEFS OF STAFF, In future years, we will provide annual up- ers do not want to do. That is the most Washington, DC, December 20, 2010. dates to the 1251 report. If a decision is made Hon. JOHN F. KERRY, to limit non-defense discretionary spending expensive way of creating a missile de- Chairman, Committee on Foreign Relations, in any future budget requests, funding for fense system. That is something they U.S. Senate, Washington, DC. nuclear modernization in the NNSA weapons do not want to do. MR. CHAIRMAN, Thank you for your letter activities account will be considered on the So a lot of discussions have been of 20 December asking me to reiterate the same basis as defense spending. brought up because in the preamble positions of the Joint Chiefs of Staff on rati- In closing, I thought it important for you something was stated that was non- fication of the New START Treaty and sev- to know that over the last two days, my Ad- binding. How do we clear that up? We eral related questions. ministration has worked closely with offi- clear that up by virtue of a letter the This treaty has the full support of your cials from the Russian Federation to address uniformed military, and we all support rati- our concerns regarding North Korea. Because President has sent to us absolutely fication. Throughout its negotiation, Secre- of important cooperation like this, I con- committing to the missile defense sys- taries Clinton and Gates ensured that profes- tinue to hope that the Senate will approve tem that is now being deployed in Eu- sional military perspectives were thoroughly the New START Treaty before the 111th Con- rope, absolutely committing to a na- considered. During the development of the gress ends. tional defense system. People might treaty, I was personally involved, to include Sincerely, say: Well, but that is no commitment. two face-to-face negotiating sessions and BARACK OBAMA. I have reasonable assurance that by several conversations with my counterpart, Mr. CORKER. Mr. President, there the time this debate ends we will cod- the Chief of the Russian General Staff, Gen has been a lot of discussion about ify, as part of the resolution of ratifica- Makarov, regarding key aspects of the trea- many things—and I will get to missile tion, the operative words in the Presi- ty. defense in just one moment—but I dent’s language committing to all four The Joint Chiefs and I—as well as the Com- don’t think there is anything, as it re- phases of our adaptive missile system mander, U.S. Strategic Command—believe lates to nuclear issues, that threatens in Europe, committing to those things the treaty achieves important and necessary our national security more than our balance between four critical aims. It allows we need to do as relates to our national us to retain a strong and flexible American not investing in the arsenal we have. I defense system and making that a part nuclear deterrent that will allow us to main- think what we see is a commitment by of the resolution of ratification. tain stability at lower levels of deployed nu- appropriators on the Senate side, the I would say to you that I doubt very clear forces. It helps strengthen openness President of the United States, those seriously we would have received the and transparency in our relationship with within the NNSA and our military types of commitments, the strident Russia. It will strengthen the U.S. leadership complex who believe modernization has commitments from the President as re- role in reducing the proliferation of nuclear to occur. lates to missile defense today, if we weapons. And it demonstrates our national Candidly, the only thing today that commitment to reducing the worldwide risk were not debating this treaty. of a nuclear incident resulting from pro- would keep us from actually doing Mr. President, I ask unanimous con- liferation. modernization the way it needs to be sent that Senator LAMAR ALEXANDER More than a year has passed since the last done would be Republican appropri- be added as a cosponsor to my amend- START inspector left Russian soil, and even ators. So I just wish to say to my ment, amendment No. 4904, dealing if the treaty were ratified by the Senate in friends on this side of the aisle, it with ensuring the President’s language the next few days, months would pass before seems to me, through Senator KYL’s ef- becomes a part of this resolution of inspectors could return. Without the inspec- forts and the efforts of people working ratification. tions that would resume 60 days after entry in a cooperative way, we have been The PRESIDING OFFICER. Without into force of the treaty, our understanding of Russia’s nuclear posture will continue to very successful in getting the commit- objection, it is so ordered. erode. An extended delay in ratification may ments we need on modernization. Mr. CORKER. Mr. President, let me eventually force an inordinate and unwise By the way, I would add, I do not conclude by saying it is obviously up to shift of scarce resources from other high pri- think we would be talking about the us, as Senators. We are the ones who ority requirements to maintain adequate issue of modernization today—some- have the right and the responsibility awareness of Russian nuclear forces. Indeed, thing that hasn’t been done for many and the privilege to take up the types new features of the treaty’s inspection pro- years to this scale—if it were not for of matters we are taking up today. It is tocol will provide increased transparency for discussions of the START treaty. So I up to us to do the due diligence, to both parties and therefore contribute to say to the Chair, I think we have en- have the intelligence briefings, to look greater trust and stability. The Joint Chiefs and I are confident that hanced our country’s national security at our nuclear posture reviews, to look the treaty does not in any way constrain our just by having this debate, and I would at what this treaty itself says, and to ability to pursue robust missile defenses. We say we have sought and received com- look at what our force structure is. are equally confident that the European mitments that otherwise we would not That is our responsibility. It is up to Phased Adaptive Approach to missile defense

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10865 will adequately protect our European allies Cartwright, General Schwartz, General sands more that are not deployed—that and deployed forces, offering the best near- Casey, Admiral Roughead—every single we, in fact, can assure the American and long-term approaches to ballistic missile one of these gentlemen was appointed people that they will operate, that defense in Europe. We support application of by a Republican President. In addition they are actually there for our na- appropriately modified Phased Adaptive Ap- proaches in other key regions, as outlined in to them, we have General Amos. My tional security. the Ballistic Missile Defense Review Report. sense is, based on some of the com- The question for me and for all of us I can also assure you that U.S. senior mili- ments he has made over the course of who care so deeply about our country’s tary leaders monitored very closely all pro- time, he would have Republican national security is, Will we say yes to visions related to conventional prompt glob- leanings. But all of these people have yes? I firmly believe that signing this al strike (CPGS) throughout the negotiation firmly stated their support for this treaty, that ratifying this treaty, and process. During that process, the Russian treaty. that all the things we have done over Federation publicly declared on several occa- sions that there should be a ban on place- In closing, I will also ask unanimous the course of time as a result of this ment of conventional warheads on strategic consent that the statement of Robert treaty are in our country’s national in- delivery systems. In the end, we agreed that Gates, again appointed by a Republican terest, and I am here today to state my any reentry vehicle (nuclear or non-nuclear- President, head of our Defense Depart- full support for this treaty. I look for- armed) contained on an existing type of ment, where yesterday he said: ward to its ratification, and I hope ICBM or SLBM would be counted under the The treaty will enhance the strategic sta- many others will join me in that proc- central limits of the treaty. Importantly, the bility at lower numbers of nuclear weapons, ess. New START Treaty allows the United States provide a rigorous inspection regime includ- I yield the floor. not only to deploy CPGS systems but also to ing on-sight access to Russian missile silos, continue any and all research, development, Mr. UDALL of Colorado. Mr. Presi- strengthen our leadership role in stopping dent, before I begin the focus of my re- testing, and evaluation of such concepts and the proliferation of nuclear weapons, and systems. It is true that intercontinental bal- provide the necessary flexibility to structure marks and the reason I came to the listic missiles with a traditional trajectory our strategic nuclear forces to best meet the floor, I wish to commend the Senator would be accountable under the treaty, but national security interests. from Tennessee for his thoughtful re- the treaty’s limits accommodate any plans This treaty stands on its merits and its marks and what I think is a thoughtful the United States might pursue during the prompt ratification will strengthen U.S. na- and important position he is taking on life of the treaty to deploy conventional war- tional security. the START treaty. I listened with heads on ballistic missiles. Further, the United States made clear dur- I ask unanimous consent that this be great interest, and I learned additional ing the New START negotiations that we printed in the RECORD. information about the importance of would not consider non-nuclear, long-range There being no objection, the mate- putting this treaty in effect. I also ac- systems, which do not otherwise meet the rial was ordered to be printed in the knowledge the Senator’s concerns definitions of the New START Treaty (such RECORD, as follows: about missile defense, about tactical as boost-glide systems that do not fly a bal- [From the U.S. Department of Defense, News nuclear weapons, and the other con- listic trajectory), to be accountable under Release, Dec. 21, 2010] cerns that have been raised in this very the treaty. Finally, I am comfortable that the Admin- STATEMENT BY SECRETARY ROBERT GATES ON important and obviously historic de- istration remains committed to sustainment THE NEW START TREATY bate on the floor of the Senate. I thank and modernization of the nuclear triad and I strongly support the Senate voting to the Senator from Tennessee for his has outlined its plans to do so in the so- give its advice and consent to ratification of leadership. the New START Treaty this week. called Section 1251 report to Congress, as TRIBUTES TO RETIRING SENATORS well as a recent update to that report and a The treaty will enhance strategic stability ARLEN SPECTER letter from Secretary of Defense Gates to at lower numbers of nuclear weapons, pro- Senator Lugar dated 10 December. Plans for vide a rigorous inspection regime including I also wanted to associate myself sustainment and replacement of current on-site access to Russian missile silos, with the remarks of Senator BENNET, ICBMs, ballistic missile submarines, heavy strengthen our leadership role in stopping the Senator from Colorado, in regard bombers, and air launched cruise missiles are the proliferation of nuclear weapons, and to Senator SPECTER’s farewell address in various stages of development, in a proc- provide the necessary flexibility to structure to the Senate. In particular, I think ess that will be implemented over the next our strategic nuclear forces to best meet na- tional security interests. Senator SPECTER laid out a thoughtful three decades and across multiple adminis- and comprehensive way we can change trations. This treaty stands on its merits, and its The Administration’s proposed ten-year, prompt ratification will strengthen U.S. na- the Senate rules in the upcoming 112th $85B commitment to the U.S. nuclear enter- tional security. Congress in ways that respect the prise attests to the importance being placed Mr. CORKER. There has been a lot of rights of the minority but also provide on nuclear deterrence and the investments discussion about the role of the Senate the Senate with some additional ways required to sustain it—especially given the in this ratification. There are a lot of to do the people’s business. country’s present fiscal challenges. The in- things that go into the ratification of a I know the Presiding Officer spent creased funding commitment, if authorized significant time on finding a way for- and appropriated, allows the United States treaty. I have laid out a number of to improve the safety, security, and effec- things we have discussed that are rel- ward for the Senate. I look forward to tiveness of our nuclear weapons and develop evant to the ratification of this treaty. the debate that will begin when we the responsive nuclear weapons infrastruc- As we move through a process such convene in just a couple of weeks for ture necessary to support our deterrent. I as this, I try to make sure all of the t’s the 112th Congress. also fully support a balanced Department of are crossed and i’s are dotted that can NOMINATION OF WILLIAM MARTINEZ Energy program that sustains the science, possibly be crossed and dotted to en- Let me turn to the reason I came to technology, and engineering base. In summary, I continue to believe that sure that I, as a U.S. Senator, feel com- the floor initially, and that is to urge ratification of the New START Treaty is fortable that the type of agreement we my colleagues to support an out- vital to U.S. national security. Through the are entering into is one that is in the standing nominee to the Federal bench, trust it engenders, the cuts it requires, and best interests of our country. I have Mr. William Martinez. Bill’s story is an the flexibility it preserves, this treaty en- done that over the last year working inspirational one, and I will share that hances our ability to do that which we in the on nuclear modernization. Again, my with you in a moment, but I wanted to military have been charged to do: protect hat is off to Senator KYL and his great first talk about why there is such an and defend the citizens of the United States. I am as confident in its success as I am in its leadership in that regard. I have done urgency to confirm this fine nominee. safeguards. The sooner it is ratified, the bet- that over the course of this last year as The situation in our Colorado Dis- ter. we have looked at missile defense. We trict Court is dire, and I don’t use that Sincerely, spent incredible amounts of time in our word lightly. There are currently five M.G. MULLEN, committee making sure people on my judges on the court and two vacancies, Admiral, U.S. Navy. side of the aisle had tremendous input both of which are rated as judicial Mr. CORKER. Mr. President, I would into the resolution of ratification. We emergencies by the Administrative Of- like to point out, too, just for clarifica- have worked through to make sure fices of the U.S. Courts. These five tion, if you look at the makeup of our that if we are going to have fewer war- judges have been handling the work of Joint Chiefs—Admiral Mullen, General heads deployed—again, we have thou- seven judges for nearly 2 years. It has

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10866 CONGRESSIONAL RECORD — SENATE December 21, 2010 been over 3 years since our court had a judgeship. The President agreed and the needs of our citizens. Bill Martinez full roster of judges. then subsequently nominated Bill for will bring that sense of balance because I know the Presiding Officer is famil- the vacant judgeship I mentioned. of his broad legal background, profes- iar with the need for a fully stocked There is no doubt that being nomi- sionalism, and his outstanding intel- Federal bench as a former attorney nated for a Federal judgeship is a pres- lect. I am proud to have recommended general. tigious honor, but since being nomi- Bill, and I am certain that once con- There is even more to the story. In nated, Senate delays have not only af- firmed he will make an outstanding 2008, based on the significant caseload fected Bill and his family, but those judge. in Colorado, the Judicial Conference of delays have sent a discouraging mes- Before I conclude, I did want to give the United States recommended the sage to future nominees. Despite these special acknowledgment to my general creation of an eighth judgeship on the disruptions the process has caused for counsel, Alex Harman, who has worked Colorado District Court. Bill and the dangerous precedent his night and day on this nomination. Alex This is a pressing situation, but I delay may have set, I am relieved that has worked tirelessly to see that Bill know it is not unique just to Colorado. the Senate is finally giving this quali- Martinez receives the vote he deserves, Of the 100 current judicial vacancies, 46 fied candidate the confirmation vote he and I want to acknowledge him here on are considered judicial emergencies— deserves today. the floor of the Senate. almost half of those vacancies. I under- I have spoken about his impressive I ask my colleagues to give their full stand the Senate has confirmed just 53 intellect and experience on the floor support to this extraordinary can- Federal circuit and district court before, but in advance of my vote, I didate and vote to confirm his nomina- nominees since President Obama was would like my colleagues to hear one tion to the Colorado District Court as elected, including the judges over the more time why Bill Martinez was se- a new Federal judge. last weekend. This is half as many as lected by the bipartisan advisory com- I yield the floor. were confirmed in the first 2 years of mittee for this judgeship. The PRESIDING OFFICER. The Sen- the Bush administration and rep- In addition to being an accomplished ator from Ohio is recognized. resents a historic low, which, no mat- attorney and a true role model in our Mr. BROWN of Ohio. Mr. President, I ter who is to blame, is very detri- community in Colorado, he has a per- appreciate the words from the senior mental to our system of justice. sonal story that captures what is great Senator from Colorado. His comments Bill Martinez was nominated in Feb- about America and highlights what can about the delays in the judicial process ruary of this year, had a hearing in be accomplished with focus, discipline, here, the selection of Federal judges, March, and was referred favorably by and extraordinary hard work. the nomination and confirmation, are the Judiciary Committee to the full Bill was born in Mexico City, and he identical to the situation for so many Senate in April. So today his nomina- immigrated lawfully to the United of the rest of us. Very qualified people tion has been sitting on the Senate’s States as a child. He worked his way are put forward. At times, the White Executive Calendar for over 8 months. through school and college and toward House, perhaps, didn’t move as fast as I am not going to complain about a career in law, becoming the first we would like. But the delays on these partisan delays, although I know this member of his family to attend college. judges is pretty outrageous. continues to plague the Senate. In- He received undergraduate degrees in NOMINATION OF BENITA PEARSON stead, in hope that we might improve environmental engineering and polit- Judge Pearson, who sits as a U.S. the nomination process, I want my col- ical science from the University of Illi- magistrate in the Northern District leagues to hear the real effect of im- nois and earned his law degree from the Court in Ohio, didn’t have the same posing these delays on nominees. University of Chicago. disruption in her life as soon-to-be, I The people of Colorado deserve well- As a lawyer, Bill has become an ex- hope, Justice Martinez had, having a qualified justices, but what the Senate pert in employment and civil rights law practice to put aside and having to put Bill Martinez through should make law. He first began his legal career in wrap it up and figure out all that, but each of us question where our priorities Illinois, where he practiced with the she has waited since February when are—and I say that because, unlike Legal Assistance Foundation of Chi- Senator LEAHY and his Judiciary Com- other judicial nominees before the Sen- cago, litigating several law reform and mittee voted her out, had a wait of 9 ate, Bill Martinez’ life has been turned class action cases on behalf of indigent months, almost 10 months, until we are upside down because of this delay in and working-class clients. For the last about ready to confirm. his confirmation. While many other 14 years, he has been in private prac- I speak perhaps in criticism of the nominees—and I don’t begrudge them tice and previously served as a regional other party but, more importantly, this—continued their judicial careers attorney for the U.S. Equal Employ- how do we fix this so people are not because they were sitting on the bench, ment Opportunity Commission in Den- dissuaded, discouraged from wanting to he has essentially had to dismantle his ver. fill these very important jobs? law practice to avoid Federal conflicts As you can imagine, over the years When I interview potential judicial and even limit taking clients to ensure Bill has been a very active member of candidates, I always ask them: Are you they continue to receive representation the Denver legal community. During willing to put your life on hold for at once he is confirmed. Both his life and the 1990s, he was an adjunct professor least a year before you can actually be his livelihood have been put on hold of law at the University of Denver Col- confirmed and sworn in, if it gets to just because he was willing to become lege of Law and has been a mentor to that? a dedicated public servant. If we con- minority law students. He is currently All are surprised, some are shocked, tinue this record or this habit of need- vice chair of the Committee on Con- and some walk away and say: Find lessly delaying judicial nominations, duct for the U.S. District Court for the somebody else. That is going to start we risk chasing off qualified nominees District of Colorado, and he has been a happening. So I thank the Senator such as Bill Martinez. board member and officer of the fac- from Colorado and his comments. His long and winding road began last ulty of Federal Advocates. I rise in support of another very year when Senator BENNET and I con- Bill also sits on the board of direc- strong candidate for a Federal judge- vened a bipartisan advisory committee, tors of the Colorado Hispanic Bar Asso- ship, the nomination of Magistrate chaired by prominent legal experts in ciation, where he serves as the chair of Judge Benita Pearson to become a Colorado, to help us identify the most the bar association’s Ethics Com- judge in the U.S. District Court in the qualified candidates for the Federal mittee. More recently, he was ap- Northern District of Ohio. bench. The committee interviewed pointed by the Colorado Bar Associa- Magistrate Pearson will make an ex- many impressive individuals, and then, tion to the board of directors of Colo- cellent addition to the bench. That is based on his life experience, his record rado Legal Services and by the chief not just my opinion. She has tremen- of legal service, and his impressive justice of the Colorado Supreme Court dous support from the judges with abilities, both Republicans and Demo- to the Judicial Ethics Advisory Board. whom she serves today and whose crats on this panel together rec- Like all of us, I believe in a strong, ranks she will soon join. She knows ommended Bill Martinez for a Federal well-balanced court system that serves them from her work, obviously, as a

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10867 magistrate. Judge James Carr, the ican U.S. attorney in Columbus, and a Judge Pearson’s background as a chief U.S. district judge at the time of very qualified U.S. attorney in Cleve- prosecutor, as a private attorney, as a her nomination, lauded Judge Pearson land. CPA, and as a Federal magistrate as ‘‘a splendid choice . . . eminently So that is the process we have in make her uniquely qualified to serve as well-qualified by intelligence, experi- Ohio to make sure we get the best U.S. district judge. Members of the law ence . . . and judicial temperament.’’ qualified people. As I said, they put in enforcement and legal community Judge Carr’s successor, Solomon Oli- a tremendous amount of time and en- throughout northern Ohio have at- ver, who now is the chief U.S. district ergy, and I wish to thank those 17 tested to Judge Pearson’s ability and judge, is just as supportive of her nomi- members of each of those Commissions, impartiality. As a magistrate and pros- nation. the 34 people who served again from ecutor, she, of course, as I said, is sup- Support for that nomination extends both parties, prominent jurists and ported by our State’s senior Senator, throughout the State. The other day lawyers and community activists, to Republican GEORGE VOINOVICH. First when I gave a few remarks in the wake come up with Judge Pearson and oth- assistant U.S. attorney, David of Senator VOINOVICH’s farewell ad- ers. Sierlega, for example, called Judge dress, I neglected to mention how Judge Pearson currently resides in Pearson ‘‘an extremely hardworking much I appreciated Senator Akron but was born in Cleveland. I got bright lawyer’’ with an exemplary VOINOVICH’s cooperation in the process a chance to meet her mother and many track record in handling public corrup- of selecting candidates for nomination of her family and friends almost 1 year tion cases. to the Federal bench. ago when she testified before the Judi- When asked to describe the ‘‘most Senator VOINOVICH and I did some- ciary Committee. They were under- significant legal activities’’ she has thing, and I do not know if any other standably proud of her, her achieve- been engaged in, Judge Pearson re- Senator in this body does this, any ments, and the honor of her nomina- plied: ‘‘My most significant legal activ- other pair of Senators—I do know no- tion, certainly, but I got the sense they ity has been my steadfast commitment body in Ohio has done this—I asked were most proud of her as a daughter, to administering equal justice for all Senator VOINOVICH, as the Senator as a sister, as a family member. No- . . . the poor and the rich, the likable from the President’s party—and, gen- body knows us better than our family. and unlikable . . . the first-time of- erally, by tradition, the Senator who Judge Pearson earned her J.D. from fender and the repeat offender.’’ suggests nominees to the President—I Cleveland State University, her bach- At the end of the day, it is this dem- asked Senator VOINOVICH to be part of elor’s degree from Georgetown. Before onstrated commitment to equal jus- the selection system with me. We chose law school, she spent several years as a tice, delivered after thorough consider- 17 people. We chose 17 people from certified public accountant. I asked her ation and fidelity to the law, that dis- northern Ohio to interview Southern how being a CPA would help her in the tinguishes Judge Pearson as an invalu- District of Ohio potential judges, and judiciary as a judge. She said you can able asset to Ohio’s judicial system. 17 people in southern Ohio—central and tell stories with numbers. She smiled I urge my colleagues, this afternoon, southern Ohio—to interview prospec- when she said it. She, clearly, had kind to quickly confirm her in her new posi- tive judges for the Northern District. of thought through what this means to tion as U.S. district judge for the These panels, one of them was a Re- be a Federal judge and what qualifica- Northern District of Ohio. publican majority, the other was a tions she brings. Throughout her ca- I would close with thanking two peo- democratic majority, I believe, by one reer, Judge Pearson has litigated and ple on my staff who have gone above vote. These panels met, took this job presided over a range of criminal and and beyond the call of duty: Mark very seriously. Each of the 17 people civil matters, including housing, public Powden, my chief of staff, who has, al- was given the name of a candidate, one corruption cases. In addition to her most weekly, spoken with Judge Pear- of the people who was applying to work as a magistrate judge since 2008, son, talking about the delays and what interview, references and all that. Each her legal experience includes serving as is going to get this back on track and candidate got an hour in front of the an adjunct professor at Cleveland how are we going to get her confirmed. 17-member committee, this Commis- State’s law school, 8 years as an assist- I appreciate the work Mark Powden sion we appointed, and were subjected, ant U.S. attorney in Cleveland, the has done. And Patrick Jackson in her after filling out a very lengthy ques- Northern District, and several years in office, who, while all this was going on, tionnaire designed, again, bipartisanly private practice. was getting married. He got married by my predecessor, Republican Senator If confirmed, Judge Pearson will be- earlier this month, and he was doing DeWine, in large part, to, after filling come the first African-American that at the same time as we were doing out this questionnaire, testifying, woman to serve as a Federal judge in all this. I am grateful to both of them. spending an hour in front of this panel Ohio. She will also be the only U.S. dis- I thank my colleagues. of 17 very distinguished judges, some trict judge in the Youngstown court- I yield the floor and suggest the ab- who are lawyers, some, I believe, house, which, because of delays here, sence of a quorum. former judges, all people who were very for no apparent reason, has lacked a The PRESIDING OFFICER. The interested in the Federal judiciary. judge since this past summer. clerk will call the roll. Anybody who came out of that had to Last year, at the Akron Bar Associa- The legislative clerk proceeded to have a strong supermajority rec- tion’s annual Bench-Bar luncheon, she call the roll. ommendation from the 17. I then inter- urged attorneys to improve in two Mr. SHELBY. Mr. President, I ask viewed the top three, made the selec- ways: to be better prepared to litigate unanimous consent that the order for tion, cleared it with Senator their cases and to be more civil to one the quorum call be rescinded. VOINOVICH, and brought the name for- another. Good advice to this body and The PRESIDING OFFICER. Without ward. for all of us, I suppose, in our daily objection, it is so ordered. That produced Judge Timothy Black, lives. LITTORAL COMBAT SHIP who has been confirmed, sits in the Judge Pearson’s community service Mr. SHELBY. Mr. President, I rise Southern District. It also produced includes more than a decade of ongoing today in support of the Navy’s acquisi- Judge Benita Pearson. A similar selec- work as a board member of Eliza Bry- tion strategy to purchase 20 littoral tion committee, not identical but a ant Village. Eliza Bryant Village is a combat ships, LCS. similar selection committee, enabled multifacility campus, providing serv- The Navy’s plan would allow 20 lit- me, helped me come to the conclusion ices for impoverished elderly citizens. toral combat ships to be awarded to to reappoint a Bush appointee to the It was founded and named after the two shipyards: Austal, which will build U.S. marshal’s job in Cleveland, Pete daughter of a freed slave. 10 ships in Mobile, AL, and Lockheed Elliott, to appoint the first—to send to The facility began simply as a nurs- Martin, which will build 10 ships in the President, nominate, and confirm ing facility built to serve Eliza’s moth- Wisconsin. the first female U.S. marshal in the er and other African Americans who Under the new procurement strategy, Southern District of Ohio, Cathy had been turned away from nursing our sailors will receive the ships they Jones, and then the first African-Amer- homes simply because of their race. need to operate in shallow waters and

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Mr. President, I ask unan- to my friend from Alabama, my friend cluded in the continuing resolution, imous consent that at 2 p.m. today, all from Alabama and I do not always brings significant advantages to the postcloture time be considered expired agree on the substantive issues, but LCS program. and that the second-degree amendment there is no one more of a gentleman Our Navy will receive this capability be withdrawn; that no further amend- and easier to work with than the Sen- faster, bring assets into operational ments or motions be in order; that the ator from Alabama, Mr. SESSIONS. service earlier, and will assist the Navy Senate then proceed to vote on the The PRESIDING OFFICER. The Sen- in reaching a 313-ship Navy sooner. Reid motion to concur in the House ator from Alabama. The LCS strategy will stabilize the amendment to the Senate amendment NOMINATION OF WILLIAM MARTINEZ program and the industrial base with to H.R. 3082 with amendment No. 4885; Mr. SESSIONS. Mr. President, I rise an initial award of 20 ships. This will that upon disposition of the House to speak on the President’s nomination sustain competition throughout the message, the Senate proceed to execu- of Mr. William Martinez to the United life of the program. tive session to consider Executive Cal- States District Court for Colorado. I It is critical to ensure that the capa- endar Nos. 703 and 813; that all time will oppose the nomination, and I have bilities of our naval fleet are the very under the order governing consider- several reasons for doing so. He has a best and that our Armed Forces receive ation of the nominations be yielded lot of good friends and people who re- the equipment they need in executing back, except for 8 minutes to be di- spect him and like him, but we are try- future operations. vided 4 minutes on each nomination, ing to make a decision about a lifetime However, as the foundation of our equally divided and controlled between appointment to the federal district ability to project force globally for the Senators LEAHY and SESSIONS or their court. There are some concerns with next half century, we must obtain the designees; that upon the use or yield- this nomination that are serious and, best platform for the taxpayer invest- ing back of all time with respect to the in particular, trends of the President ment. two nominations, the Senate then pro- to nominate individuals with judicial The LCS dual award does both. ceed to vote on confirmation of the philosophies outside the mainstream. The dual procurement of the LCS nominations in the order listed; that There is one reason in particular that will bring tremendous cost savings to upon disposition of the nominations, concerns me about Mr. Martinez. It is the program that would not have been the other provisions of the order re- his longtime affiliation with the Amer- realized had the Navy moved forward main in effect, except that the Senate ican Civil Liberties Union and the with a down select of designs. remain in executive session and there questions we asked him about that According to the Navy, the acquisi- then be 4 minutes of debate, equally di- were answered insufficiently for me. tion savings for a dual award is pro- vided and controlled between the lead- We have had a number of ACLU nomi- jected to be $2.9 billion as measured ers or their designees, prior to the vote nations. I have supported some and op- against the President’s fiscal year 2011 on the motion to invoke cloture on the posed others. The ACLU is a very left- request. Of these savings, approxi- New START treaty; that upon the use wing organization. It seeks openly to mately $1 billion is directly attrib- of the time, the Senate then proceed to defy the will of the American people in utable to the dual award. vote on the motion to invoke cloture many lawsuits while at the same time Acquisition decisions made in the on the treaty; that after the first vote they endeavor to undermine and oppose near term will affect fleet effectiveness in this sequence, the second and third traditions and institutions that make and operating costs for decades to votes be limited to 10 minutes each. up the very fabric of our culture, our come. The PRESIDING OFFICER. Is there national identity, and who we are as a This is the best outcome for all in- objection? people, assuming those things are in- volved. The Navy will be able to obtain Without objection, it is so ordered. significant and only pure philosophical the best solution for the taxpayer in- Mr. REID. Mr. President, I ask unan- approaches, as they have, of an ex- vestment. imous consent that Members have treme nature should guide our Nation. I urge my colleagues to support the until 1:30 p.m. today to file any ger- Mr. Martinez has been a member of dual acquisition strategy included mane second-degree amendments to the ACLU in Colorado for nearly a dec- within the continuing resolution. the New START treaty. ade, and since 2006 served on its legal I yield the floor and suggest the ab- The PRESIDING OFFICER. Is there panel. In this role he reviews memo- sence of a quorum. objection? randum prepared by ACLU staff and at- The PRESIDING OFFICER. The Without objection, it is so ordered. torneys and decides whether to pursue clerk will call the roll. Mr. REID. Mr. President, I further litigation, a very significant post in The legislative clerk proceeded to ask unanimous consent that following that organization. Of course that is not call the roll. Senator SESSIONS, Senator HARKIN disqualifying. One can be a member of Mr. SESSIONS. I ask unanimous con- then be recognized, to be followed by an organization, even though some of sent that the order for the quorum call Senator VOINOVICH for up to 20 min- us might not like it or agree with the be rescinded. utes. organization. But any nominee from a The PRESIDING OFFICER. Without I say to my friend from Iowa, how conservative organization who takes objection, it is so ordered. much time—15 minutes. extreme positions would certainly have The PRESIDING OFFICER. The Sen- Does that give us enough time to do to answer those positions and justify ator from Alabama. all that? It appears it does. So Senator why they might take them. Likewise it Mr. REID addressed the Chair. HARKIN would be recognized for 15 min- is fair and appropriate to ask questions The PRESIDING OFFICER. The ma- utes and then Senator VOINOVICH for 20 about this nominee and about this or- jority leader. minutes. ganization and whether the nominee Mr. REID. Mr. President, through the The PRESIDING OFFICER. Is there agrees with them or why, if they don’t Chair to my friend from Alabama, objection? agree, they are a member. would it be agreeable to the Senator Without objection, it is so ordered. A lot of people say they didn’t agree that I do a UC request so we can find The Senator from Alabama. with this position or that position. I out what we are going to do? Mr. SESSIONS. Mr. President, I was was left asking: Why are you a mem- Mr. SESSIONS. Mr. President, I pleased to yield to the majority leader ber? It is on their Web site. would be pleased to yield to the major- and just observe that although we do When asked about some of the posi- ity leader for that. And if I could ask fuss a lot around here, many things are tions on important issues, he failed to

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In- as to the intent and motivations of the ator. stead he noted that the Supreme Court parties appearing before the court.’’ I would hope all nominees would has held the death penalty constitu- Empathy, to me, is far too much like share this view rather than the ACLU’s tional, adding: politics, far too much like something position on the subject. Although What my view would be as a sitting Fed- other than law. It is certainly not law. many view the ACLU as a neutral de- eral district judge is something that would When a nominee such as Mr. Mar- fender of the Bill of Rights, the ACLU be quite different from my views as a per- tinez, who has dedicated so much time takes a very selective view of the sonal citizen or an advocate or a litigant and and legal expertise to the ACLU, re- rights it advocates. member of the ACLU. fuses to answer basic questions about That is just a fact. Otherwise, if they I asked him whether he personally these issues, it is fair and appropriate were defending the Constitution and thinks the death penalty violates the to conclude that perhaps he agrees what it says plainly, they would defend Constitution and whether he had ever with the other positions of the ACLU. I the constitutionality of the death pen- expressed that view. He again failed to have done a little checking on that. alty. It should not take them 2 seconds answer, stating only that he had never What is this organization of which he to figure that out. They have an agen- expressed any view. is a member? Some people like the po- da. So I put the question to him again, sition they take on this issue or that As it explains on its Web site, the and again he did not answer. issue. But what overall are some of the ACLU openly disagreed with the Su- Let me stop and say why I think this policy and legal positions taken by the preme Court’s landmark ruling in the is a very important issue. The Con- ACLU? Over the last several decades it Heller case—the right to keep and bear stitution was passed as a unified docu- has taken positions far to the left of arms—in Washington because the ment with 10 amendments. The Amer- mainstream America and the ideals ACLU does not believe the second ican people ratified it. Some people, in and values the majority of Americans amendment confers an individual right recent years, have come up with the in- hold dear. Roger Baldwin, the ACLU’s to keep and bear arms. Well, OK. So genious idea that they could disqualify founder, was openly vocal about his the lawyers might disagree on that. and eliminate the death penalty with- support and belief in ‘‘socialism, disar- But if this institution, this ACLU, is so out a vote of the people, without the mament, and ultimately for abolishing committed to constitutional rights and popular will to change laws that exist the State itself as an instrument of vi- opposes the power of the State, why all over the country. They decided they olence and compulsion.’’ could change it by finding something He was quoted as saying: would they not read the plain words of in the Constitution that would say the I seek social ownership of property, the the second amendment: The right to death penalty is wrong, and they abolition of the profited class and sole con- keep and bear arms shall not be in- reached out to the provision that says trol by those who produce wealth. Com- fringed. Why wouldn’t they defend that you should not have cruel and unusual munism is the goal. individual right of free Americans to punishment. They said the death pen- Mr. Baldwin’s influence and impact be armed and oppose the power of the alty is cruel and unusual and is uncon- on the ACLU could not be overstated. State to take away what has histori- stitutional, which is not sound. Let me As former ACLU counsel Arthur Hays cally been an American right? I think be respectful. says: it represents and reveals a political Why is that not a sound policy? The American Civil Liberties Union is agenda as part of this organization. There are multiple references in the Roger Baldwin. It also has a selective view of what Constitution to a death penalty. It As I mentioned earlier, the ACLU op- exactly is protected by the first amend- talks about capital crimes, taking life poses the death penalty under any cir- ment. It has done some good work on without due process. it is in the Con- cumstances, even for child rapists. the first amendment, the ACLU has, stitution. How could one say, when They filed a brief recently in Kennedy but it has gone to great lengths to there are multiple provisions explicitly v. Louisiana arguing that a State could limit freedom of religion, as provided providing for the death penalty, how not apply the death penalty to a child for in the first amendment, suing reli- could we reach over here and take a po- rapist regardless of the severity of the gious organizations and groups such as sition on cruel and unusual punish- crime or the criminal history unless the Salvation Army and even individ- ment which was designed to prevent the child died from his or her injuries. uals and supported the removal of people from being hung on racks and Here the defendant had raped his own ‘‘under God’’ from the Pledge of Alle- tortured and that kind of thing? But 8–year-old stepdaughter and caused giance and ‘‘in God we trust’’ from our that is the ACLU position. horrific injuries that a medical expert currency. It sued the Virginia Military This nominee, who is going to be said were the most severe he had ever Institute to stop the longstanding tra- given a lifetime appointment, the seen. The defendant had done the same dition of mealtime prayer for cadets. power to interpret the Constitution on thing to another young girl within the You do not have to bow your head if this very real issue of national import family a few years earlier. Even Presi- you go to lunch and somebody wants to that good lawyers know about, refused dent Obama, when the case came before have a prayer. Nobody makes you pray. to state that the Constitution is clear, the Supreme Court, said he opposed But if other people want to take a mo- that the death penalty is legal. that view. Yet President Obama con- ment before they partake of their meal In fact, I note parenthetically that tinues to nominate a host of ACLU and, say, acknowledge a bit of appre- every Colony, every State had a death lawyers to the Federal bench and pre- ciation for the blessings they have re- penalty at the time, and so did the sumably has some sort of sympathy ceived, what is wrong with that? I do United States Government. Surely the with the views they have been taking. not believe it violates the first amend- people, when they ratified it, had no In recent years, the ACLU has liti- ment. idea that somebody coming along in gated on behalf of sex offenders, includ- The Constitution says that you can- 2000 would create the view that the ing suing an Indiana city on behalf of a not establish a religion in America, Constitution prohibits the death pen- repeat sex offender who was barred and we cannot prohibit the free exer- alty. from the city’s park after he admitted cise of religion either. The establish- I also asked Mr. Martinez whether he stalking children who played there. ment clause and the free exercise agreed with the President’s so-called Even though the convicted offender clause are both in that amendment. empathy standard, but rather than had admitted that he thought about But the ACLU only sees one. They see state flatly that empathy should play sexually abusing the children in the everything as an establishment of reli- no role in decisionmaking, as did Jus- park, the ACLU sued to give him full gion.

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Edward Chen, nominated to the the ACLU filing a lawsuit to deal with According to the ACLU: Northern District of California, was a those words right over that door: ‘‘In There is no basis for a hospital to impose staff attorney on staff and member of God We Trust.’’ It won’t be long. They its own religious criteria on a patient to the ACLU of Northern California for 16 will want to send in gendarmes with deny [her] emergency care. years. Goodwin Liu, a professor, one of chisels to chisel it off the wall. It is an So this type of religious liberty is the most extreme nominees now pend- extreme view of the first amendment, not, I think, what the Founders said. I ing, was nominated to the Ninth Cir- and has never been part of what we un- do not think a hospital that is founded cuit, already the most activist circuit derstood the Constitution to be about. on personal values and has certain in America. He was a member of the The reference in a public forum to a moral values should be required to give board of directors of the ACLU of ‘‘higher being’’ is not prohibited by the them up as a capitulation to State northern California for years. Jack Constitution—except in the minds of domination, which is what they were McConnell, nominated to the district some extremists. asking for actually, having the State of Rhode Island, was a volunteer law- So the ACLU has argued for the re- be able to tell a hospital that did not yer for the ACLU as recently as last moval of all vestiges of Christmas, believe in abortion. year. going so far as to sue school districts What about other issues that may A number of nominees who were re- to bar them from having Santa Claus come up, such as end-of-life issues. cently considered by the Judiciary at school events and threatening to sue Hospitals ought to be able to have—and Committee also have significant ties to if Christmas carols are sung anywhere doctors and nurses should be able to the ACLU. Amy Totenberg, nominated on school grounds. Give me a break. have moral views about those matters to the Northern District of Georgia, In addition, the ACLU has sought to and not do something they think is has been a member for 21 years. Robert limit or remove the rights of children wrong and not have to give up their Wilkins, nominated to the District of to salute the U.S. flag, recite the practice or their hospital in order to DC, was also a member. Michael Pledge of Allegiance, and openly pray. comply with what this group thinks is Simon, nominated to the District of It has sued the Boy Scouts—I am the right way to do business. Oregon, has been a member since 1986. honored to have been an Eagle Scout at So those are some of the examples of He served on the lawyers committee one time in my life—and government the ACLU’s out-of-the-mainstream and the board of directors and as its entities that have supported this hon- point of view. It is no secret that this vice president for legislation and vice orable institution. It has sued them. administration shares this kind of president for litigation. It has fought for the rights of child legal reasoning. This is, of course, one That is more than I thought when we pornographers and against statutes of a long line of ACLU nominees whom started going back and looking at this. seeking to stop its production and dis- we have seen, and this kind of rea- I am sure less than 1 percent of the tribution or limit children’s exposure soning and legal thought is well to the lawyers in America are members of the to it. The ACLU absolutely not only left of and out of touch with the Amer- ACLU, but it seems if you have the opposes adult pornography laws, they ican people and, I think, for the most ACLU DNA, you get a pretty good leg oppose laws that prohibit child pornog- part, established law. It seeks to im- up on being nominated by this Presi- raphy, which is where so much of the pose its liberal progressive agenda any dent. It is clear the President, our problem of pedophilia occurs. way it can, including by filing lawsuits President, a community activist, a lib- The ACLU has sought to overturn the and having judges—unelected lifetime eral progressive, as his own friends will of the people by challenging nu- appointed judges who have been popped have described him, and former law merous State laws that define mar- through the Senate—ratify what the professor is attempting to pack the riage as between a man and a woman people who filed the lawsuits want to courts with people who share his views and has encouraged city mayors across achieve as a matter of policy, not being and who will promote his vision of, as the country to openly defy State law neutral umpires who adjudicate dis- he has said about judges, what America by granting same-sex marriage li- putes and decide them narrowly but to ‘‘should be.’’ That was his phrase. He censes, even in contradiction to law. try to use the courts as a vehicle to ad- said, We want judges who help advance It has vehemently opposed the 1996 vance an agenda. That is what has real- a vision of what America should be. Defense of Marriage Act, calling it ‘‘a ly been at the core of the debate in re- But that is not good. We all have vi- deplorable act of hostility unworthy of cent years over judicial nominations. sions of what America should be. I wish the United States Congress.’’ That So it is not surprising that many of to see us be a more frugal nation, more passed a year before I came here—not the President’s judicial and executive local government, more individual re- too long ago. It just said that if one branch nominees have been deeply in- sponsibility. I do not support cradle-to- State allows a marriage to be between volved in the ACLU—many of them. grave government. His vision is what? members of the same sex, another For example, President Obama’s first That we want judges on the bench pro- State would not be forced to acknowl- nominee, Judge David Hamilton, who moting an agenda because they were edge it and recognize it. That is what was confirmed to the Seventh Circuit picked by a President who shares that the Defense of Marriage Act did, and it last year, was a leading member of the agenda? That is not the classical Amer- passed here not too many years ago. Indiana Civil Liberties Union for 9 ican heritage of what judges should be The ACLU has consistently opposed years, where he served as a board mem- about. Judges should take the bench all restrictions on abortion—all re- ber and its vice president for litigation. and they should attempt, as objec- strictions—including partial-birth Judge Gerard Lynch, who now sits on tively as they possibly can, having put abortion, the Unborn Victims of Vio- the Second Circuit, was a cooperating on that robe and having taken an oath lence Act, and statutes requiring pa- attorney and member of the ACLU for to do equal justice to the poor and the rental notification before a minor child 25 years. Judge Rogeriee Thompson, rich, and to be not a respecter of per- can have an abortion. If they want to who was confirmed to the First Circuit sons, but to analyze that case objec- defend the innocent against wrong- earlier this year, had been a member of tively and decide it based on the law doing, what about defending a child the ACLU for 10 years. Judge Dolly and the facts, not on their empathy partially born whose life is taken from Gee, who now sits on the District Court and not on what their vision of what them? The ACLU’s extreme advocacy for the Central District of California, America should be because it may not on abortion would force even religious had been a member of the ACLU for 9 be what the people’s vision is. health care providers—doctors and years. Carlton Reeves, who was con- Democracy is undermined if a judge nurses—to perform abortions as a con- firmed two days ago to the Southern gets on the bench and feels that they

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Since I last spoke We can’t stand idly by and allow that ate floor to discuss my concerns about on this floor about the treaty in No- heritage of law that benefits us so the treaty and the President’s reset vember, I have held additional con- greatly, the American rule of law and policy. Following my remarks, I re- sultations with a number of former the greatest strength this Nation has, ceived a significant amount of feed- Cabinet Secretaries, ambassadors, and in my opinion, to be altered by pro- back—some positive, some critical— experts from the intelligence commu- moting a Federal judiciary that is and throughout my deliberations on nity, including former Secretaries of agenda oriented. Any individual—re- the treaty, my intention was to con- State Albright, Powell, and Rice, seek- gardless of the position to which they tribute to advancing this important de- ing their views about the treaty’s ef- have been nominated, to what kind of bate in a meaningful way. fect on our bilateral relationship with court position they are nominated to— First, I wish to make it clear I re- Russia, as well as our relationship with who demonstrates unwillingness to main concerned about the direction of our Eastern and Central European al- subordinate his or her personal views, Russia in terms of its commitment to lies. While some of those I met with religious, political, ideological, social, human rights and an effort to reassert had concerns about specific technical liberal, or conservative. Conservatives its influence over what Russia con- aspects of the treaty, I continually can’t promote their views, either—if siders Eastern and Central Europe, heard that we should ratify the treaty. they can’t be faithful to the law and their sphere of influence—those coun- I believe it is noteworthy that five the Constitution, they should not be on tries I often describe as the captive na- former Republican Secretaries of the bench. tions. One cannot ignore the statement State, including Kissinger, Shultz, I am not going to support such nomi- of Vladimir Putin when he described Baker, Eagleburger, and Powell, in a nees and no Senator should support the collapse of the Soviet Union as the December 2, 2010 Washington Post them. I have given it a lot of thought. greatest geopolitical catastrophe of the opinion piece urged the Senate: I know Mr. Martinez has had a long af- 20th century. . . . to ratify the New START Treaty filiation with the ACLU. He refused to Two years ago, after listening to give clear answers to these questions I signed by President Obama and Russian Russia’s Foreign Minister Sergey President Dmitry Medvedev. It is a modest posed to him. I am not convinced that Lavrov at the German Marshall Fund and appropriate continuation of the START those views, which I think are outside Forum in Brussels, I concluded that I treaty that expired almost a year ago. legitimate constitutional theory, have Russia’s internal political dynamic These former Republican Secretaries been objected to and are not by Mr. suggested that its people were deeply of State described some of the out- Martinez—indeed, it appears he sup- concerned by the growth in U.S. influ- standing issues with the treaty, but de- ports them because he has not with ence through NATO expansion and in- scribe convincingly, in my opinion, clarity rejected a single one. He has cursion into their part of the world. why ultimately it is in our national in- not made any defense to participating The Russian people, it seems, believed terest to ratify the treaty. in an organization that openly advo- there was a post-Cold War promise, Mr. President, I ask unanimous con- cates these kinds of legal views. once the Iron Curtain came down, to We ask a lot of the nominees: Do you sent that the op-ed piece from the believe the Constitution prohibits the not interfere in the region. Washington Post be printed in the As one of the leaders in helping the death penalty? They said, No. Even RECORD. captive nations movement and to this though they were part of an organiza- There being no objection, the mate- day regretting the way our brothers tion and some of them—a lot—have rial was ordered to be printed in the and sisters in these countries were been confirmed and I have voted for a RECORD, as follows: treated during the postwar conferences number of them, but I am not able to [From the Washington Post, Dec. 2, 2010] at Yalta and Tehran—I must say I vote for this one. THE REPUBLICAN CASE FOR RATIFYING NEW I have to say this: We are paid to never thought the wall would come START judge and to vote, and when it comes down or their curtain torn, but once it (By Henry A. Kissinger, George P. Shultz, down to some of the positions taken by did, I did everything I could to ensure James A. Baker III, Lawrence S. the ACLU—let’s take the one that the these newly democratized countries Eagleburger and Colin L. Powell) Constitution prohibits the death pen- were invited to join NATO. In 1998, as Republican presidents have long led the alty—are so extreme and are so chairman of the National Governors crucial fight to protect the United States nonlegal that if a person can’t under- Association, I worked to get a resolu- against nuclear dangers. That is why Presi- tion passed encouraging the United dents Richard Nixon, Ronald Reagan and stand that, I have serious doubt that George H.W. Bush negotiated the SALT I, they can understand any other signifi- States to invite Poland, the Czech Re- public, and Hungary to join the alli- START I and START II agreements. It is cant constitutional principle. why President George W. Bush negotiated Therefore, I have concluded I would ance. the Moscow Treaty. All four recognized that not be able to support the nominee, al- One of the proudest moments as a reducing the number of nuclear arms in an though I respect my colleagues who Senator was when I joined President open, verifiable manner would reduce the think he will do well. I certainly don’t Bush, Secretary of State Powell, Sec- risk of nuclear catastrophe and increase the think he is a bad person. I think he is retary of Defense Rumsfeld, and Chair- stability of America’s relationship with the an able person who has a wonderful man of the Joint Chiefs of Staff Gen- Soviet Union and, later, the Russian Federa- background, but his legal history evi- eral Myers at the NATO summit in tion. The world is safer today because of the Prague on November 21, 2002. I was in decades-long effort to reduce its supply of dences an approach to law that I think nuclear weapons. is outside the mainstream and I will the room when NATO Secretary Gen- As a result, we urge the Senate to ratify oppose the nomination. We are not eral Lord Robinson officially an- the New START treaty signed by President blocking a vote. We will allow him to nounced the decision to invite Bul- Obama and Russian President Dmitry have his up-or-down vote and Senators garia, Estonia, Latvia, Lithuania, Ro- Medvedev. It is a modest and appropriate will cast their vote based on how they mania, Slovakia, and Slovenia into continuation of the START I treaty that ex- conclude it should be decided. NATO. I mention all of this history for pired almost a year ago. It reduces the num- I thank the Chair and I yield the a simple reason. I don’t think there is ber of nuclear weapons that each side de- floor. a Member of the Senate more wary of ploys while enabling the United States to The PRESIDING OFFICER (Mr. maintain a strong nuclear deterrent and pre- the intentions of Russia toward the serving the flexibility to deploy those forces MANCHIN). The Senator from Ohio. former captive nations than I. as we see fit. Along with our obligation to NEW START TREATY So it brings me back to the subject of protect the homeland, the United States has Mr. VOINOVICH. Mr. President, I the treaty now pending before the Sen- responsibilities to allies around the world. rise today to discuss the Senate’s delib- ate. I take the Senate’s constitutional The commander of our nuclear forces has

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10872 CONGRESSIONAL RECORD — SENATE December 21, 2010 testified that the 1,550 warheads allowed friends. Any treaty must be considered on its This NATO Summit meeting in Lisbon last under this treaty are sufficient for all our merits. But we have here an agreement that month underscore, we are proceeding with a missions—and seven former nuclear com- is clearly in our national interest, and we missile defense system in Europe designed to manders agree. The defense secretary, the should consider the ramifications of not rati- provide full coverage for NATO members on chairman of the Joint Chiefs of Staff and the fying it. the continent, as well as deployed U.S. head of the Missile Defense Agency—all Whenever New START is brought up for forces, against the growing threat posed by originally appointed by a Republican presi- debate, we encourage all senators to focus on the proliferation of ballistic missiles. dent—argue that New START is essential for national security. There are plenty of oppor- I know that some of my colleagues our national defense. tunities to battle on domestic political are concerned with issues related to We do not make a recommendation about issues linked to the future of the American the exact timing of a Senate ratification economy. With our country facing the dual the treaty, including the moderniza- vote. That is a matter for the administration threats of unemployment and a growing fed- tion of our nuclear infrastructure, mis- and Senate leaders. The most important eral debt bomb, we anticipate significant sile defense, and verification, and I will thing is to have bipartisan support for the conflict between Democrats and Repub- discuss each of these issues to explain treaty, as previous nuclear arms treaties did. licans. It is, however, in the national inter- why I believe they have been ade- Although each of us had initial questions est to ratify New START. quately addressed. about New START, administration officials Mr. VOINOVICH. Mr. President, I be- First of all, as others have pointed have provided reasonable answers. We be- lieve many of these experts remain out—and I reiterate—Senator KYL has lieve there are compelling reasons Repub- concerned, as do I, that a failure to rat- made a valiant effort to ensure we licans should support ratification. First, the agreement emphasizes ify the treaty would be exploited by modernize the U.S. nuclear infrastruc- verification, providing a valuable window those factions in Russia who wish to ture. I have worked with Senator KYL into Russia’s nuclear arsenal. Since the revert back to our Cold War posture. on reviewing the treaty. I believe his original START expired last December, Rus- Such a failure could easily be used by hard work has led to nuclear mod- sia has not been required to provide notifica- those factions to play on Russian na- ernization receiving the attention it tions about changes in its strategic nuclear tionalism, which I fear, from what I deserves. It is long overdue. I remem- arsenal, and the United States has been un- have heard from some people, is bor- ber Pete Domenici talking about the able to conduct on-site inspections. Each fact that we needed to do something day, America’s understanding of Russia’s ar- dering on paranoia. Since I last spoke senal has been degraded, and resources have about the treaty, a number of our new about it and, frankly, we ignored Sen- been diverted from national security tasks NATO allies have come out and sup- ator Domenici. to try to fill the gaps. Our military planners ported the treaty because they believe In a December 1, 2010, letter to Sen- increasingly lack the best possible insight the treaty’s approval should help ad- ators KERRY and LUGAR, the National into Russia’s activity with its strategic nu- vance other issues related to Russia, Lab Directors from Lawrence Liver- clear arsenal, making it more difficult to including the lack of compliance with more, Los Alamos, and Sandia stated: carry out their nuclear deterrent mission. We are very pleased by the update to the Second, New START preserves our ability the Conventional Forces in Europe Treaty, tactical nuclear weapons, and Section 1251 report, as it would enable the to deploy effective missile defenses. The tes- laboratories to execute our requirements for timonies of our military commanders and ci- cooperation on missile defense. ensuring a safe, secure, reliable, and effec- vilian leaders make clear that the treaty For example, during his recent visit tive stockpile under the Stockpile Steward- does not limit U.S. missile defense plans. Al- to Washington, Polish President ship and Management Plan. though the treaty prohibits the conversion Bronislaw Komorowski has stated he I ask unanimous consent to have of existing launchers for intercontinental supports the treaty’s ratification. And and submarine-based ballistic missiles, our that letter printed in the RECORD. at a press conference at the conclusion There being no objection, the mate- military leaders say they do not want to do of the NATO Lisbon Summit, Hun- that because it is more expensive and less ef- rial was ordered to be printed in the fective than building new ones for defense garian Foreign Minister Janos RECORD, as follows: Martonyi stated: purposes. DECEMBER 1, 2010. Finally, the Obama administration has My country has a very special experience Hon. JOHN KERRY, agreed to provide for modernization of the with Russia, and also a special geographic lo- Hon. RICHARD LUGAR, infrastructure essential to maintaining our cation . . . We advocate ratification of Senate Committee on Foreign Relations, U.S. nuclear arsenal. Funding these efforts has START. It is in the interest of my nation, of Senate, Washington, DC. become part of the negotiations in the ratifi- Europe and most importantly for the trans- DEAR CHAIRMAN KERRY AND RANKING MEM- cation process. The administration has put atlantic alliance. BER LUGAR: This letter is a joint response to forth a 10-year plan to spend $84 billion on During this press conference, Lithua- the letters received November 30, 2010, by the Energy Department’s nuclear weapons nia’s Foreign Minister pointed out that each of us in our current roles as directors of complex. Much of the credit for getting the he saw the treaty as a prologue to addi- the three Department of Energy/National administration to add $14 billion to the origi- Nuclear Security Administration (NNSA) nally proposed $70 billion for modernization tional discussions with Russia about laboratories—Los Alamos National Labora- goes to Sen. Jon Kyl, the Arizona Republican other forms of nuclear arms in the re- tory, Lawrence Livermore National Labora- who has been vigilant in this effort. Imple- gion such as tactical nuclear weapons. tory, and Sandia National Laboratories. menting this modernization program in a About three weeks ago, I received a We are very pleased by the update to the timely fashion would be important in ensur- call from President Zatlers, the Presi- Section 1251 Report, as it would enable the ing that our nuclear arsenal is maintained dent of Latvia, urging me: Mr. Senator, laboratories to execute our requirements for appropriately over the next decade and be- please ratify the START treaty. ensuring a safe, secure, reliable and effective yond. Still, as history has taught us, the stockpile under the Stockpile Stewardship Although the United States needs a strong and Management Plan. In particular, we are and reliable nuclear force, the chief nuclear United States must make clear in re- pleased because it clearly responds to many danger today comes not from Russia but gard to our relationship with Russia of the concerns that we and others have from rogue states such as Iran and North that it will not be at the expense of our voiced in the past about potential future- Korea and the potential for nuclear material NATO allies. Thus, I was pleased to see year funding shortfalls, and it substantially to fall into the hands of terrorists. Given President Obama provided the leaders reduces risks to the overall program. We be- those pressing dangers, some question why of our Central and European allies pub- lieve that, if enacted, the added funding out- an arms control treaty with Russia matters. lic reassurance regarding the U.S. com- lined in the Section 1251 Report update—for enhanced surveillance, pensions, facility It matters because it is in both parties’ in- mitment to article V of the North At- terest that there be transparency and sta- construction, and Readiness in Technical bility in their strategic nuclear relationship. lantic Treaty during the recent NATO Base and Facilities (RTBF) among other pro- It also matters because Russia’s cooperation summit in Lisbon which, by the way, grams—would establish a workable funding will be needed if we are to make progress in was one of the best NATO summits I level for a balanced program that sustains rolling back the Iranian and North Korean think that has been held in the last the science, technology and engineering programs. Russian help will be needed to dozen years. The President reaffirmed base. In summary, we believe that the pro- continue our work to secure ‘‘loose nukes’’ this commitment in his December 18, posed budgets provide adequate support to in Russia and elsewhere. And Russian assist- 2010 letter to the majority and minor- sustain the safety, security, reliability and effectiveness of America’s nuclear deterrent ance is needed to improve the situation in ity leaders, and I hope that letter from Afghanistan, a breeding ground for inter- within the limit of 1550 deployed strategic national terrorism. the President has been circulated warheads established by the New START Obviously, the United States does not sign among my colleagues. It is very clear Treaty with adequate confidence and accept- arms control agreements just to make on where the President stands. able risk.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10873 As we emphasized in our testimonies, im- The President signed the treaty in Mr. VOINOVICH. Mr. President, I plementation of the future vision of the nu- April. It is now December, and we are also bring to my colleagues’ attention clear deterrent described by the bipartisan coming up on 1 full year without any a July 14, 2010, letter to Senators Strategic Posture Commission and the Nu- verification regime in place. I believe clear Posture Review will require sustained LEVIN, KERRY, MCCAIN, and LUGAR, attention and continued refinement as re- we should work to get this treaty done from former commanders of the Stra- quirements are defined and baselines for because these verification procedures tegic Air Command and U.S. Strategic these major projects are established. We ap- are needed now. I am not the only one Command. Again, I hope my colleagues preciate the fact that this 1251 update calls who believes this. I recently received a will read that letter. They list three out the importance of being flexible and the letter from Bulgaria’s Ambassador to reasons for support of the treaty. I need to revisit these budgets every year as the United States, Elena Poptodorova. quote from their second and third rea- additional detail becomes available. I have known her a long time and sons: We look forward to working with you and worked with her to get Bulgaria into the Administration to execute this program The New START Treaty contains verifica- to ensure the viability of the U.S. nuclear NATO. She wrote: tion and transparency measures—such as deterrent. A failure to swiftly ratify the treaty would data exchanges, periodic dated updates, noti- Sincerely, mean discontinuation of the verification re- fication, unique identifiers on strategic sys- DR. GEORGE MILLER, gime that could result in negative con- tems, some access to telemetry and onsite Lawrence Livermore sequences in the nuclear disarmament, espe- inspections—that will give us important in- National Labora- cially taking into consideration the signifi- sights into Russian strategic nuclear forces tory, cant strategic nuclear advantage of Russia. and how they operate those forces. In my view, it will also put at risk the fu- DR.MICHAEL ANASTASIO, We will understand Russian strategic nu- ture cooperation with Russia and will im- Los Alamos National clear forces much better with the treaty that pede the negotiations on priorities, such as Laboratory, would be the case without it. conventional forces and tactical nuclear DR. PAUL HOMMERT, weapons in Europe. It is of utmost impor- These former military commanders Sandia National Lab- tance that Russia be kept at the negotiating go on to state that the U.S. nuclear ar- oratories. table beyond the scope of the New START maments—again, I think this is for all Mr. VOINOVICH. Mr. President, a Treaty, in particular on issues like Iran, Af- of us as American people to realize— number of experts I have consulted ghanistan and other global security chal- ‘‘will continue to be a formidable force with have pointed out—and I have lenges. that will ensure deterrence and give agreed with—the need for the President I ask unanimous consent that her the President, should it be necessary, a to provide public assurances regarding letter be printed in the RECORD. broad range of military options.’’ the U.S. commitment to a robust mis- There being no objection, the mate- I ask unanimous consent that letter sile defense system. So I was pleased rial was ordered to be printed in the sent to the Foreign Relations Com- with the President’s letter to our lead- RECORD, as follows: mittee be printed in the RECORD. ership reiterating such support. Here I EMBASSY OF THE There being no objection, the mate- quote directly from the President’s let- REPUBLIC OF BULGARIA, rial was ordered to be printed in the ter: Washington DC, December 6, 2010. RECORD, as follows: Pursuant to the National Missile Defense DEAR SENATOR VOINOVICH: I am writing to you on an urgent note regarding the pending July 14, 2010. Act of 1999, it has long been the policy of the ratification of the New START. Senator CARL LEVIN, United States to deploy as soon as is techno- Firstly, I would like to reiterate the strong Chairman, logically possible an effective National Mis- support of the Bulgarian government for the Senate Armed Services Committee. sile Defense system capable of defending the treaty. As you may know, already on the Senator JOHN F. KERRY, territory of the United States against lim- margins of the NATO Summit, the Bulgarian Chairman, ited ballistic missile attack, whether acci- Foreign Minister Nickolay Mladenov, to- Senate Foreign Relations Committee. dental, unauthorized, or deliberate. gether with his colleagues from Denmark, Senator JOHN MCCAIN, With regard to the Russian asser- Latvia, Lithuania, Hungary and Norway, ex- Ranking Member, tion—and we have heard this—that the plicitly pointed out that the treaty is in the Senate Armed Services Committee. treaty’s preamble prohibits the buildup interest of European and global security. I Senator RICHARD G. LUGAR, in missile defense capabilities, the firmly believe that it is indeed key to the na- Ranking Member, President has stated in very clear lan- tional security interest of each country as Senate Foreign Relations Committee. well as to the stability of the transatlantic GENTLEMEN: As former commanders of guage that the ‘‘United States did not alliance. Strategic Air Command and U.S. Strategic and does not agree with the Russian Secondly, Bulgaria shares the assessment Command, we collectively spent many years statement. We believe the continued that the treaty allows the United States to providing oversight, direction and mainte- development and deployment of U.S. maintain an effective and robust nuclear de- nance of U.S. strategic nuclear forces and ad- missile defense systems, including terrent and to keep modernizing its nuclear vising presidents from Ronald Reagan to qualitative and quantitative improve- weapons complex. It is crucial that it does George W. Bush on strategic nuclear policy. not put any constraints on the US missile We are writing to express our support for ments to such systems, do not and will defense programs and allows for the deploy- not threaten the strategic balance with ratification of the New START Treaty. The ment of effective missile systems. treaty will enhance American national secu- the Russian Federation. . . . we believe Furthermore, a failure to swiftly ratify the rity in several important ways. the continued improvement and de- treaty would mean discontinuation of the First, while it was not possible at this time ployment of U.S. missile defense sys- verification regime that could result in neg- to address the important issues of non-stra- ative consequences in the nuclear disar- tems do not constitute a basis for ques- tegic weapons and total strategic nuclear mament especially taking into consideration tioning the effectiveness and the via- stockpiles, the New START Treaty sustains the significant strategic nuclear advantage limits on deployed Russian strategic nuclear bility of the New START Treaty, and of Russia. In my view, it will also put at risk weapons that will allow the United States to therefore would not give rise to cir- the future cooperation with Russia and will cumstances justifying Russia’s with- impede the negotiations on priorities such as continue to reduce its own deployed stra- drawal from the Treaty.’’ conventional forces and tactical nuclear tegic nuclear weapons. Given the end of the Mr. President, as I have discussed, I weapons in Europe. It is of utmost impor- Cold War, there is little concern today about the probability of a Russian nuclear attack. know many of my colleagues have con- tance that Russia be kept at the negotiating table beyond the scope of the New START, in But continuing the formal strategic arms re- cerns about the treaty. But after my duction process will contribute to a more own research and consultations with particular on issues like Iran, Afghanistan and other global security challenges. productive and safer relationship with Rus- current and former Secretaries of State I strongly urge you, dear Senator, to con- sia. and numerous foreign policy experts, sider the arguments above and act in favor of Second, the New START Treaty contains including many conservative experts, a swift ratification of the New START. The verification and transparency measures— as well as yesterday’s 3-hour closed ses- new treaty is yet another step toward guar- such as data exchanges, periodic data up- sion in the Old Senate Chamber, I sup- anteeing our common security and the dates, notifications, unique identifiers on strategic systems, some access to telemetry port this treaty and do not believe the United States leadership is absolutely essen- tial in this respect. and on-site inspections—that will give us im- concerns that we have heard from some I trust I will be taken in good faith. portant insights into Russian strategic nu- of our colleagues rise to the level at Sincerely, clear forces and how they operate those which the Senate should reject the ELENA POPTODOROVA, forces. We will understand Russian strategic treaty. Ambassador. forces much better with the treaty than

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10874 CONGRESSIONAL RECORD — SENATE December 21, 2010 would be the case without it. For example, [From the Wall Street Journal, Sept. 7, 2010] The New Start treaty, like others before it, the treaty permits on-site inspections that LEARNING FROM EXPERIENCE ON ARMS was built on previous experience. And, like will allow us to observe and confirm the CONTROL earlier treaties, it provides a building block number of warheads on individual Russian (By George P. Shultz) for the future. As lower levels of warheads are negotiated, the importance of accurate missiles; we cannot do that with just na- The New Start treaty provides an instruc- tional technical means of verification. That tive example of how, when everyone works at verification increases and the precedent and kind of transparency will contribute to a it, an important element of arms control experience derived from New Start will en- more stable relationship between our two treaties can be improved by building on past sure that a literal counting process will be countries. It will also give us greater pre- treaties and their execution. available. The New Start treaty also sets a precedent for the future in its provision for dictability about Russian strategic forces, so I remember well the treaty on Inter- on-site observation of nondeployed nuclear that we can make better-informed decisions mediate-Range Nuclear Forces (INF), as I systems—important since limits on non- about how we shape and operate our own had a hand in negotiating the treaty and in deployed warheads will be a likely next step. forces. getting implementation started. Our mantra was stated almost endlessly by President The problem of interruptions in operations Third, although the New START Treaty Ronald Reagan, to the point that Soviet posed by the original Start treaty and iden- will require U.S. reductions, we believe that leader Mikhail Gorbachev would join in: tified by the executors of the treaty on both the post-treaty force will represent a surviv- ‘‘Trust but verify.’’ sides is addressed in the New Start treaty in able, robust and effective deterrent, one fully Reagan insisted on, and we obtained, on- a way that gives more information but is capable of deterring attack on both the site inspection of the critical elements in the less disruptive. First of all, a running ac- United States and America’s allies and part- treaty: the destruction of all missiles and a count in the form of regular data exchanges ners. The Department of Defense has said method of ensuring that new ones were not is provided every six months on a wide range that it will, under the treaty, maintain 14 produced. This critical element in the treaty of information about their strategic forces, Trident ballistic missile submarines, each built on an earlier one. The Stockholm and numerous inspection procedures have equipped to carry 20 Trident D–5 submarine- Agreement of 1986 was the first U.S.-Soviet been consolidated. The United States will have the right to launched ballistic missiles (SLBMs). As two agreement to call for on-site observation of select, for purposes of inspection, from all of of the 14 submarines are normally in long- military maneuvers. Although not as intru- Russia’s treaty-limited deployed and non- term maintenance without missiles on sive as a close look at nuclear facilities, it was, nevertheless an important conceptual deployed delivery vehicles and launchers at board, the U.S. Navy will deploy 240 Trident breakthrough. The idea of on-site inspection the rate of 18 inspections per year over the SLBMs. Under the treaty’s terms, the United had been accepted and put in practice. life of New Start. It is also important that States will also be able to deploy up to 420 When the Strategic Arms Reduction Trea- each deployed and nondeployed interconti- Minuteman III intercontinental ballistic ty (Start) was negotiated and finally signed nental ballistic missile (ICBM) or submarine- missiles (ICBMs) and up to 60 heavy bombers in 1991, a different problem presented itself. launched ballistic missile (SLBM) or heavy equipped for nuclear armaments. That will On-site inspection of missile destruction is bomber will have assigned to it a unique continue to be a formidable force that will one thing; on-site inspection of an active in- code identifier that will be included in noti- ensure deterrence and give the President, ventory is something else again. You are fications any time the ICBM or SLBM or should it be necessary, a broad range of mili- looking at an ongoing operation. Neverthe- heavy bomber is moved or changes status. tary options. less, the challenge was met in part by count- The treaty establishes procedures to allow We understand that one major concern ing delivery vehicles, clearly building on the inspectors to confirm the unique identifier successful experience of both sides with the about the treaty is whether or not it will af- during the inspection process. INF treaty. fect U.S. missile defense plans. The treaty The notification of changes in weapon sys- However, the political relations between tems—for example, movement in and out of preamble notes the interrelationship be- the United States and the then Soviet Union deployed status—will provide more informa- tween offense and defense; this is a simple had not yet reached the level of cooperation tion on the status of Russian strategic forces and long-accepted reality. The size of one required to count the number of actual war- under this treaty than was available under side’s missile defenses can affect the stra- heads directly without concern about com- Start. Information provided in notifications tegic offensive forces of the other. But the promising secret design information. The re- will complement and be checked by on-site treaty provides no meaningful constraint on sult was a process of attribution derived inspection as well as by imagery from sat- U.S. missile defense plans. The prohibition from access to telemetry—that is, the data ellites and other assets which collectively on placing missile defense interceptors in transmitted from flight tests of missiles. make up each side’s national technical ICBM or SLBM launchers does not constrain This allowed for a cap on the maximum num- means of verification. us from planned deployments. ber of warheads that could be delivered, Having been involved in the Stockholm The New START Treaty will contribute to which was the number attributed in Start. Treaty when a breakthrough in on-site in- Periodic on-site inspections of the missile a more stable U.S.-Russian relationship. We spection was made and when intrusive on- sites were provided for under Start, but the strongly endorse its early ratification and site inspection of key events was a main ele- experience of both sides was that this proc- ment of the INF Treaty, I am pleased to see entry into force. ess, conducted in a fragmented way, dis- Sincerely, that the building process is continuing, espe- rupted normal operations and so was unnec- cially since the New Start treaty includes GENERAL LARRY WELCH, essarily burdensome to both sides. USAF, Ret. some improved formulations that bode well The Strategic Offensive Reduction Treaty for the future. Seeing is not quite believing, GENERAL JOHN CHAIN, (SORT), negotiated in 2002 under the George USAF, Ret. but it helps. Learning is not limited to what W. Bush administration, simply relied on the you get from experience, but it helps. GENERAL LEE BUTLER, Start verification regime. In a joint declara- USAF, Ret. The original Start treaty expired last De- tion, President Bush and President Vladimir cember. The time has come to start seeing ADMIRAL HENRY CHILES, Putin agreed on the desirability of greater USN, Ret. again, with penetrating eyes, and to start transparency, but they left it at that. learning from the new experience. GENERAL EUGENE HABIGER, Along came the New Start treaty, signed USAF, Ret. by President Barack Obama and Russian Mr. VOINOVICH. In his piece, the ADMIRAL JAMES ELLIS, President Dmitry Medvedev on April 8, 2010. Secretary discusses the importance of USN, Ret. People responsible for monitoring the origi- verification and closes with this GENERAL BENNIE DAVIS, nal Start treaty were included in the nego- thought: USAF, Ret. tiations, so operating experience was present The original START Treaty expired last at the table. The result was a further ad- December. The time has come to start seeing Mr. VOINOVICH. Mr. President, I vance, building on the transparency meas- also ask unanimous consent to have again, with penetrating eyes, and to start ures already in place under the Start treaty. learning from the new experience. printed in the RECORD a September 7, On-site inspection now allows the total num- 2010, opinion piece from the Wall ber of warheads on deployed missiles lit- In other words, the provisions in Street Journal by former Secretary of erally to be counted directly. terms of verification are new compared State George Shultz, who served under Thus, up-close observation is substituted to the old START treaty. for the telemetry that was essential in the Finally, I ask my colleagues to take President Reagan. I think all of us who original Start treaty. But some cooperation note of Secretary Rice’s statement are familiar with George Shultz’s in sharing telemetry information was in- that ‘‘the treaty helpfully reinstates record have high respect and regard for cluded in the New Start treaty. This pro- onsite verification of Russian nuclear him. vides some additional transparency and can serve, over time, as a confidence-building forces, which lapsed with the expira- There being no objection, the mate- measure. It is well that some telemetry co- tion of the original START treaty last rial was ordered to be printed in the operation will occur so that the principle is year. Meaningful verification was a RECORD, as follows: retained. significant achievement of Presidents

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The Sen- rial was ordered to be printed in the I have personally witnessed Moscow’s tend- ator from Iowa is recognized. RECORD, as follows: ency to interpret every utterance as a bind- Mr. HARKIN. Mr. President, very ing commitment. The Russians need to un- shortly, the Senate will be voting on [From the Wall Street Journal, Dec. 7, 2010] derstand that the U.S. will use the full-range the continuing resolution that will NEW START: RATIFY, WITH CAVEATS of American technology and talent to im- fund the operations of our Federal Gov- (By Condoleezza Rice) prove our ability to intercept and destroy ernment through March—I think, if I When U.S. President Bush and Russian the ballistic missiles of hostile countries. Russia should be reassured by the fact that am not mistaken, through March 4. I President Putin signed the Moscow Treaty in its nuclear arsenal is far too sophisticated want to take this time to take a look 2002, they addressed the nuclear threat by re- and large to be degraded by our missile de- at what happened recently with our ap- ducing offensive weapons, as their prede- fenses. In addition, the welcome agreements cessors had. But the Moscow Treaty was dif- propriations bill, the so-called omnibus on missile-defense cooperation reached in ferent. It came in the wake of America’s 2001 bill, that was defeated by our col- Lisbon recently between NATO and Russia withdrawal from the Anti-Ballistic Missile leagues on the other side of the aisle. can improve transparency and allow Moscow Treaty of 1972, and for the first time the Again, without getting into who and Washington to work together in this United States and Russia reduced their of- caused what and did what to whom field. After all, a North Korean or Iranian fensive nuclear weapons with no agreement missile is not a threat only to the United first, which is a game we play a lot in place that constrained missile defenses. States, but to international stability broad- around here, the fact remains that Breaking the link between offensive force ly. none of our appropriations bills were reductions and limits on defense marked a Ratification of the treaty also should not passed this year, even though our sub- key moment in the establishment of a new be sold as a way to buy Moscow’s coopera- committees on appropriations passed nuclear agenda no longer focused on the Cold tion on other issues. The men in the Kremlin War face-off between the Warsaw Pact and out all of our bills. We passed them know that loose nukes in the hands of terror- through the Appropriations Committee NATO. The real threat was that the world’s ists—some who operate in Russia’s unstable most dangerous weapons could end up in the south—are dangerous. That alone should and brought them to the Senate for hands of the world’s most dangerous re- give our governments a reason to work to- consideration, but they were not taken gimes—or of terrorists who would launch at- gether beyond New Start and address the up on the floor. Again, we can go into tacks more devastating than 9/11. And since threat from tactical nuclear weapons, which all the reasons why yes, why no. But those very rogue states also pursued ballistic are smaller and more dispersed, and there- that is water over the dam. The fact is, missiles, defenses would (alongside offensive fore harder to monitor and control. Russia they weren’t; therefore, they weren’t weapons) be integral to the security of the knows too that a nuclear Iran in the volatile United States and our allies. passed. Middle East or the further development of At the end of the year, a week ago, It is in this context that we should con- North Korea’s arsenal is not in its interest. sider the potential contribution of the New Russia lives in those neighborhoods. That Leader REID wanted to put together all Start treaty to U.S. national security. The helps explain Moscow’s toughening stance the bills that had been passed out of treaty is modest, reducing offensive nuclear toward Tehran and its longstanding concern committee with both Republican and weapons to 1,550 on each side—more than about Pyongyang. Democratic support. Of the 13 bills— enough for deterrence. While the treaty puts The issue before the Senate is the place of and I could be a little mistaken—only limits on launchers, U.S. military com- New Start in America’s future security. Nu- 1 or 2 had any minor changes or votes manders have testified that we will be able clear weapons will be with us for a long time. to maintain a triad of bombers, submarine- against them in committee. They were After this treaty, our focus must be on stop- almost all unanimous by Republicans based delivery vehicles and land-based deliv- ping dangerous proliferators—not on further ery vehicles. Moreover, the treaty helpfully reductions in the U.S. and Russian strategic and Democrats. reinstates on-site verification of Russian nu- arsenals, which are really no threat to each So to keep the government going, we clear forces, which lapsed with the expira- other or to international stability. had this omnibus—in other words, put- tion of the original Start treaty last year. A modern but smaller nuclear arsenal and ting all the bills together in one pack- Meaningful verification was a significant increasingly sophisticated defenses are the age and passing that. My friends ob- achievement of Presidents Reagan and right bases for U.S. nuclear security (and jected to that. Because that was ob- George H.W. Bush, and its reinstatement is that of our allies) going forward. With the jected to, we now face having a con- crucial. right commitments and understandings, Still, there are legitimate concerns about ratification of the New Start treaty can con- tinuing resolution to continue the New Start that must and can be addressed in tribute to this goal. If the Senate enters funding from last year on into fiscal the ratification process and, if the treaty is those commitments and understandings into year 2011 until March. ratified, in future monitoring of the Obama the record of ratification, New Start de- When the Republicans killed this administration’s commitments. serves bipartisan support, whether in the Omnibus appropriations bill last week, First, smaller forces make the moderniza- lame-duck session or next year. certain things happened. For example, tion of our nuclear infrastructure even more Mr. VOINOVICH. Mr. President, in they chose to close Head Start class- urgent. Sen. Jon Kyl of Arizona has led a valiant effort in this regard. Thanks to his my opinion, the jury has returned its rooms that serve 65,000 low-income efforts, roughly $84 billion is being allocated verdict, and the overwhelming evi- children. By killing the omnibus, my to the Department of Energy’s nuclear weap- dence is that the Senate should ratify friends on the other side of the aisle de- ons complex. Ratifying the treaty will help the treaty. Support for the treaty cided to cut childcare subsidies for cement these commitments, and Congress should not be viewed through the lens 100,000 low-income working families. should fully fund the president’s program. of being liberal or conservative, Repub- They rejected the opportunity to pro- Congress should also support the Defense De- lican or Democrat, but rather what is vide lifesaving drugs to people living partment in modernizing our launchers as in the best interest of our national se- with AIDS, who are on waiting lists for suggested in the recent defense strategy study coauthored by former Secretary of De- curity, the best interest of the United lifesaving medication. They passed on 1 fense Bill Perry and former National Secu- States of America, the best interest of the chance to provide 4 ⁄2 million more rity Adviser Stephen Hadley. our relationships with those countries meals to seniors in need. Second, the Senate must make absolutely who share our values and understand All of these programs would have re- clear that in ratifying this treaty, the U.S. is that nuclear proliferation is the great- ceived badly needed increases in the not re-establishing the Cold War link be- est international threat to our children appropriations bill, but my friends on tween offensive forces and missile defenses. and grandchildren. the other side of the aisle said no. They New Start’s preamble is worrying in this re- Mr. President, I urge my colleagues insisted on just keeping the present gard, as it recognizes the ‘‘interrelationship’’ to support this treaty. I am prayerful of the two. Administration officials have tes- funding until March. tified that there is no link, and that the that we have a good vote for it to dem- Here is another result of killing the treaty will not limit U.S. missile defenses. onstrate that we have come together omnibus: Millions of American stu- But Congress should ensure that future De- on a bipartisan basis to do something dents who receive Pell grants—low-in- fense Department budgets reflect this. that needs to be done, and something come students—to go to college no

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10876 CONGRESSIONAL RECORD — SENATE December 21, 2010 longer know if they will be able to af- cut or if they will get any financial aid say there is going to be a battle. We ford college next year. at all. Hopefully, in about 10 minutes, are not going to sit back and let these We cannot let that happen. The con- we are going to change that because I programs be decimated, these pro- tinuing resolution we will vote for in a am hopeful we will all join together grams that mean so much to so many few minutes includes a provision that today in supporting this continuing families. would close the so-called Pell grant resolution because as a part of the con- In the meantime, we have to keep the shortfall and ensure there is no cut to tinuing resolution, we close that Pell government running, and that is what the Pell grants to our poor students. grant shortfall so we can undo or redo the continuing resolution is all about. The Pell Grant Program is the back- what was undone by not taking up the As I said, what is so important is to bone of our Nation’s financial aid sys- omnibus bill. make sure the Pell grant shortfall is tem. More than 9 million low-income We can keep the government run- closed, which it is on this continuing students and middle-income students ning, but we can also make this fix. It resolution. use these grants toward a postsec- is so important to do that now because I urge all my colleagues to support ondary education or vocational train- of certain rules and regulations that go the continuing resolution and hope- ing. into effect after the first of the year fully when March 4 comes, again we People might say: Why has the Pell that will drastically impinge on the can agree on a bipartisan basis not to grant grown so much over the last few Pell Grant Program unless we take decimate so many programs that help months? When the economy is bad, this action today. so many people in our country. more people tend to go to college and I hope all Republicans and Democrats I yield the floor. more people in lower income brackets will join in supporting the continuing The PRESIDING OFFICER. The Sen- tend to go to college and try to better resolution and so do more than 9 mil- ator from Oklahoma. lion American students who depend on themselves. That means the cost of NOMINATION OF BENITA Y. PEARSON providing Pell grants goes up, even Pell grants for their college education. Mr. COBURN. Mr. President, I ask when the maximum Pell grant award a Again, I point out that other appro- unanimous consent to have printed in person can receive stays the same. priations will not be settled even if we the RECORD two letters that have been pass the continuing resolution today. Right now, the maximum Pell grant received by the Senate in regard to the Those decisions are kicked down the award is $5,550 a year. Nearly 90 per- nomination of Judge Benita Pearson— street until March 4 when the con- cent of the students who receive that one from the National Cattlemen’s tinuing resolution expires. level come from families whose annual Beef Association; the other from the income is less than $40,000 for a family We are going to face a tough situa- Farm Animal Welfare Coalition. of four. Without Pell, most of them tion on March 4. My friends on the There being no objection, the mate- would have no chance of receiving a other side of the aisle have said that rial was ordered to be printed in the postsecondary education. This is truly their plan is to cut nonsecurity-related RECORD, as follows: a program for low-income students and appropriations, to cut everything ex- NATIONAL CATTLEMEN’S families seeking to better themselves. cept defense, homeland security, mili- BEEF ASSOCIATION, The omnibus bill that was killed last tary construction, and VA by $100 bil- Washington, DC, December 21, 2010. week would have provided the addi- lion. When you exclude all that and Hon. HARRY REID, tional funding to close that shortfall, you want to cut $100 billion, that is a Senate Majority Leader, Capitol Building, Washington, DC. 21-percent cut from everything else. to keep the maximum grant at $5,550. Hon. MITCH MCCONNELL, That was $5.7 billion. Again, that Do Republicans really want to cut 21 Senate Republican Leader, Capitol Building, money did not just fall from the sky. percent from childcare subsidies for Washington, DC. Other programs across the Federal working families in this economy—a DEAR MAJORITY LEADER REID AND MINOR- Government were cut to offset that 21-percent cut? Do you really want to ITY LEADER MCCONNELL: The National spending. We appropriators decided cut 21 percent from job training pro- Cattlemen’s Beef Association (NCBA) op- that maintaining Pell was so impor- grams in this economy? Do you really poses the nomination of Judge Benita Pear- tant that it was worth reducing or want to cut 21 percent from programs son to the United States District Court for the Northern District of Ohio. After review- eliminating other programs, which we that educate disadvantaged children, ing answers she gave to the Senate Judiciary did. title I programs, in this economy? Do Committee earlier this year, we believe that When my friends on the other side our friends on the other side of the Judge Pearson’s connections to the Animal killed the omnibus, they put the Pell aisle want to cut 21 percent from the Legal Defense Fund (ALDF) would make it Grant Program in jeopardy and endan- AIDS drug assistance program? Do you hard for her to be an impartial judge in cases gered the future of millions of dis- want to cut 21 percent from senior regarding actions by animal activists. ALDF advantaged students. According to the meals programs? Do we want to cut 21 is an activist organization involved in nu- recent estimates from OMB, if we do percent from the Social Security Ad- merous federal lawsuits and advocates giving animals the same legal rights as humans. ministration in this economy? not close the Pell shortfall before Feb- NCBA expects the Senate to confirm ruary, the maximum award will drop That is what is coming down the pike judges who can hear cases and make deci- by $1,840, and the Pell grants of all on March 4. We kick the ball down the sions based on facts and law, rather than those students with a family income of field a little bit, but on March 4, the judges with strong biases that could lead to less than $40,000 will fall by 33 per- battle will be joined again. legislating from the bench. While we con- cent—from $5,550 to $3,710 next school If my friends on the other side of the tinue to discover more about Judge Pear- year. An estimated 435,000 students aisle try to decimate these programs son’s animal activist work, we think her who currently receive Pell grants that are so critical to the well-being of connection to ALDF alone is enough to block her nomination in order for Senators would get nothing, zero. Their entire so many families in this country—chil- to do more research into her background and grant would be cut off. Why do I say dren, working parents who need character. that? Because if the award drops by childcare, the elderly who rely on a lot NCBA is the nation’s oldest and largest na- $1,840, if your Pell grant was $1,800, you of these meals—I had it happen in my tional trade association representing U.S. get nothing. So 435,000 students will get own family. Meals on Wheels keeps cattle producers with more than 140,000 di- no Pell grants whatsoever. That is the people from going to the hospital, lets rect and affiliated members. On behalf of our situation facing students all over the them stay at home and get a decent producers, we urge you to oppose the nomi- country today. diet, senior meals programs; job train- nation of Judge Benita Y. Pearson to the We are 4 days away from Christmas. ing programs so people can train for United States District Court for the North- ern District of Ohio. More than 9 million students who de- new jobs—all part of getting our coun- Sincerely, pend on Pell grants do not know if try back up again. If they are going to STEVE FOGLESONG, their financial aid will be drastically cut 21 percent from all this, I want to President.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10877 DECEMBER 20, 2010. Ms. Pearson stated she does not use the I have no doubt we will have great Re Nomination of Benita Y. Pearson to the term ‘‘animal rights’’ and is ‘‘not an advo- discussions over the next few years on U.S. District Court for the Northern Dis- cate for animal rights’’ but ‘‘an advocate for what those priorities are. But we can- trict of Ohio. doing what is in the best interest of ani- not wait to make those priorities. We To: The U.S. Senate. mals.’’ However, she does not explain on From: The Farm Animal Welfare Coalition: what sources of information she relies when are going to have to squeeze wasteful American Farm Bureau Federation, determining what is ‘‘the best interest of spending from the Pentagon. We have American Feed Industry Association, animals,’’ but simply her belief the law ‘‘is no choice. We have no choice with American Sheep Industry Association, intended to do what is in the best interest of which to make the hard choices in Biotechnology Industry Organization, animals and humans.’’ front of us. And it does not matter Farm Credit System, Livestock Mar- While it is not a judge’s role to legislate what happened in the past. What is keting Association, National Milk Pro- from the bench—and we are gratified Ms. going to matter is what happens in the ducers Federation, National Pork Pro- Pearson appears to concur—judicial deci- future and whether we have the cour- ducers Council, National Renderers Asso- sions set precedent and can precipitate legis- age to meet the test that is getting ciation, United Egg Producers. lation and regulations. It is unsettling that The Farm Animal Welfare Coalition in Ms. Pearson’s written responses to direct ready to face this country. (FAWC), an ad hoc coalition of America’s questions posed by Senate Judiciary Com- There is a lot of bipartisan work largest farm/ranch, input and related organi- mittee members Sens. Charles Grassley, Jeff going on right now behind the scenes in zations seeks to ensure all federal policy de- Sessions and Tom Coburn, she simply re- the Senate planning for next year to cisions regarding the welfare of food animals states existing law as relates to animal address those issues. are based upon sound science, producer ex- rights, animal standing, etc. Hence, we do I say to my colleague from Iowa, the pertise and the rule of law. We write to ex- not get a clear picture of her views regarding way to have the greatest impact on press our concerns related to the nomination animal rights and legal standing. that issue is to join with us to, No. 1, of Benita Y. Pearson to be a judge on the We would welcome a meeting with Ms. U.S. District Court for the Northern District agree with the severity of the problem Pearson to discuss these concerns. and the urgency of the problem, and of Ohio. Thank you for consideration of our views. Our concerns stem from Ms. Pearson’s Please feel free to contact any of the organi- then let’s build a framework on how we membership and participation in the Animal zations listed on this letter or FAWC’s coor- solve it, knowing nobody is going to Legal Defense Fund (ALDF), an animal dinator, Steve Kopperud, at 202–776–0071 or get what they want. rights organization which uses the courts to [email protected]. TRIBUTES TO RETIRING SENATORS impose upon farmers, ranchers, biomedical researchers, animal breeders and other le- Mr. COBURN. Mr. President, I wish RUSS FEINGOLD gitimate users of animals its parochial view to spend a short time addressing the Mr. President, I wish to take 2 more of animal welfare. ALDF also provides legal remarks of my friend from Iowa. minutes to pay a compliment to one of support for political organizations dedicated The PRESIDING OFFICER. Without my colleagues. to furthering animal rights in the U.S. objection, it is so ordered. When I came to the Senate, I visited ALDF’s website is rife with references to Mr. COBURN. Mr. President, the sit- almost every Member of the Senate on ‘‘factory farming,’’ and other pejorative de- uation we find ourself in is that no ap- the other side of the aisle. I had a won- scriptions of U.S. farm animal husbandry, as derful visit with the Senator from Wis- well as touting its current and past lawsuits propriations bills came to the floor. We brought against agriculture interests. Its po- did not control that. If that had been consin. We actually—although we are litical positions affecting contemporary under our control, I assure you they totally opposite in our philosophical American agriculture are well known to us. would have come to the floor—and they leanings—had a wonderful time vis- ALDF works to secure ‘‘standing’’ for ani- should. No matter who is in charge, iting together. mals in the courts, a legal evolution with they should come. I think he agrees Senator FEINGOLD is my idea of a multiple potential negative consequences for with that. But I will address the great- great Senator. I want to tell you why. food production and the survivability of I left that meeting, and about a week farmers and ranchers in the U.S. Consider er issue we have in front of us. Our Nation has a very short time later, I got a note from him first of all the following from ALDF’s Executive Direc- thanking me for taking the initiative tor Steven Wells: with which to reassess and reprioritize ‘‘One day, hopefully, animals will have what is important in our fiscal mat- to come and meet with him, but also a more opportunities to be represented in ters. That period of time, I believe, is commitment that he would always be courts so that we can more effectively fight straight with me, that when he gave shorter than many of my colleagues be- the many injustices they face—perhaps as me his word and handshake, it would lieve. But I have not been wrong in the another kind of recognized ‘legal person.’ In always be that way, and that I could past 6 years as to where we are coming. the meantime we must be resourceful and count on him standing for what he be- I have been saying it for 6 years. We creative in bringing lawsuits to win justice lieved in but knowing he would do the for animals.’’ are now there. things we needed to do to get things Ms. Pearson’s membership in ALDF dem- The fact is everything is going to done. onstrates the willingness of a prospective ju- have to be looked at—everything— rist to go beyond the academic or philo- My observation in the last 6 years in every project, for every Senator, every sophical contemplation of the legal and po- this Chamber is I have watched one litical issues of animal rights. Her member- position, every program—if we are to man of great integrity keep his word ship in ALDF translates her personal philos- solve the major problems that are fac- and hold to his values through every ophy into implicit action in support of the ing this country. crisis and every vote. And every time it goals of the animal rights movement. We all want to help everybody we We are encouraged by Ms. Pearson’s writ- was taken where we had to come to- can, but the one thing that has to be gether to do something, this gentleman ten statement it is never appropriate for borne in mind as we try to help within judges to ‘‘indulge their own values in deter- kept his character. He kept his word. mining the meaning of statutes and the U.S. the framework of our supposed limited He fulfilled the best aspects of the tra- Constitution;’’ however, her responses re- powers is there has to be a future for dition of the Senate. main exceedingly vague when it comes to the country. The things that are com- Although I often—most of the time— animal rights issues. ing upon us in the very near future will am on the opposite side of issues from Given one of the ALDF’s long-standing pri- limit our ability to act if we do not act orities is the legal adoption of its so-called Senator RUSS FEINGOLD, I want to tell first. you, he has my utmost admiration and ‘‘animal bill of rights’’—which calls for the I take to heart my colleague’s very undefined ‘‘right of farm animals to an envi- my hope that more would follow his ronment that satisfies their basic and psy- real concern for those who are dis- principled stand and his wonderful chological needs’’—it seems disingenuous of advantaged in our country. It is gen- comity as he deals with those on the Ms. Pearson to say she is unaware of this pri- uine. It is real. We are going to have a other side of the aisle. ority or even the existence of the ‘‘bill of choice to help them or we are going to I yield the floor. rights’’ given she is a self-described member have a choice to make a whole lot more The PRESIDING OFFICER. The Sen- of the ALDF. She also teaches animal law people disadvantaged. What we have to ator from Michigan. courses at Ohio’s Cleveland-Marshall College do is try to figure out how compas- of Law—including a section on constitu- Mr. LEVIN. Mr. President, I under- tional standing—which, we assume, must sionately we can do the most we can do stand the UC has us voting at 2 o’clock; touch at some point on the ALDF’s 30-year- and still have a country left. That is is that correct? old political philosophy and history of legal the question that is going to come be- The PRESIDING OFFICER. The Sen- actions. fore us. ator is correct.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10878 CONGRESSIONAL RECORD — SENATE December 21, 2010 Mr. LEVIN. Mr. President, I support maintaining two separate designs in achieve the extra savings the Navy is the continuing resolution. One of the the fleet for their service life over 40 to projecting. In some other shipbuilding many reasons is that the Navy’s urgent 50 years, using net present value cal- programs that might be a concern, but request for authority for the littoral culations, would be much less than the I believe that the Navy’s fundamental combat ship, (LCS),—program is in- additional saving that could be architecture of the LCS program di- cluded. achieved through buying both the ships vorces changes in the mission package The original LCS acquisition plan in during the FYDP period—approxi- from changes that perturb the ship de- 2005 would have had the Navy buying mately $250 million of additional oper- sign and ship construction. In the past, both types of LCS vessels for some ating and support costs vs. approxi- when there were problems with devel- time while the Navy evaluated the ca- mately $900 million in savings. oping the right combat capability on a pabilities of each vessel. At some time Those are the facts of the case as we ship, this almost inevitably caused in the future, the Navy would have had heard from the Navy. Let me relay a problems in the construction program. the option to down select to building few quotes from the Navy witnesses at In the case of the LCS, the combat ca- one type of vessel. But in any case, the the hearing to amplify on these points. pability largely resides in the mission Navy would have been operating some Secretary of the Navy Raymond E. packages that connect to either LCS number of each type of LCS vessel in Mabus, Jr., referring the authority to vessel through defined interfaces. What the fleet, which means that the Navy revise the acquisition strategy, said that means is that changes inside the would have been dealing with two ship- the following: mission packages should not translate yards, two supply chains, two training This authority, which I emphasize, re- into changes during the ship construc- pipelines, etc. Last year, after the bids quires no additional funding, will enable us tion schedule—i.e., they are inter- came in too high, the Navy decided to purchase more high-quality ships for less changeable. And whatever is happening upon a winner-take-all acquisition money and get them into service in less in the mission package development time. It will help preserve jobs in our indus- strategy to procure the fiscal year 2010 program would apply equally to either trial shipbuilding base and will create new the down select strategy or the dual vessels under a fixed-price contract, employment opportunities in an economic with fixed-price options for two ships source strategy. sector that is critical to our Nation’s mili- In terms of the proposal’s effects on per year for the next 4 years. This re- tary and economic security. the industrial base and on competition, vised strategy included obtaining the ADM Gary Roughead, the Chief of data rights for the winning ship design I believe that there would be a net Naval Operations, said: positive. The Navy would have the op- and competing for a second source for The dual award also allows us to reduce the winning design starting in fiscal portunity to compete throughout the costs by further locking in a price for 20 life of the program, and any erosion in year 2012. Again, the Navy made this ships, enabling us to acquire LCS at a sig- contractor performance could be cor- course correction because the Navy nificant savings to American taxpayers and rected by competitive pressures. For leadership determined that the original permitting the use of shipbuilding funds for the industrial base, there would be acquisition strategy was unaffordable. other shipbuilding programs. Earlier this year, the Navy released From a broad policy perspective, I more stability in the shipbuilding pro- the solicitation under that revised believe that the Navy approach of a gram. Countless Navy witnesses have strategy and has been in discussion competitive, dual source alternative testified to the Armed Services Com- mittee and the other defense commit- with the two contractor teams and could help ensure maximum competi- tees that achieving stability in our evaluating those proposals since that tion throughout the lifecycle of the shipbuilding programs is one of the time. The bids came in, the competi- program, meeting the spirit and intent best things we in the government can tion worked, and the prices were lower of the Weapon Systems Acquisition Re- do to help the Navy support the ship- than the Navy had expected. Both form Act of 2009, MSARA. Specifically, it calls for two shipbuilders in contin- building industry. teams have made offers that are much The Navy’s proposal to change to a uous competition to build the ships for more attractive than had been ex- dual source selection strategy would the life of the program. The Navy plans pected, and both are priced well below promote that goal of stability, while to build a total of 55 of these ships, so the original, noncompetitive offers. effectively continuing competition that could take a number of years. The Navy has now requested that we throughout the program, and at the Some have raised concerns because approve a different LCS acquisition same time reducing acquisition costs the Navy has been unable to reveal the strategy, taking advantage of the low and buying an additional ship over the specific bid information from the two bids and keeping the industrial base FYDP. strong. The Armed Services Committee contractors. Unfortunately, the Navy Why don’t we just wait until some- held a hearing on the subject of the has been prevented from sharing spe- time after the new Congress convenes change in the Navy’s acquisition strat- cific bid information because that to deliberate this changed acquisition egy. We heard testimony from the would violate the competitive source strategy? Senator JACK REED asked the Navy that, after having reviewed the selection process by revealing propri- Navy about this very issue at the hear- bids from the two contractor teams, etary information about the two ing. He asked, ‘‘What is lost or what do they should change their LCS acquisi- contactors’ bids. Because of these con- you gain or lose by waiting?’’ Assistant tion strategy. straints, I do not know what is in the Navy Secretary Sean Stackley an- The Navy testified that continuing bids. But I take comfort from knowing swered that question as follows: the winner-take-all down select would that these bids are for fixed- price con- ‘‘Workforce is leaving, hiring freezes save roughly $1.9 billion, compared tracts and not for cost-type contracts are in effect, vendors are stressed in with what had been budgeted for the where a contractor has little to lose terms of their ability to keep faith LCS program in the Future-Years De- from underbidding a contract. with the proposals, the fixed price pro- fense Program, or FYDP. As far as the capability of the two posals that they have put in place. The Navy further testified that revis- vessels, we heard from Admiral They will need to have to then go back ing the acquisition strategy to accept Roughead at the hearing that each of with any further delay and reprice the offers from both LCS contractor the two vessels would meet his require- their proposals.’’ teams, rather than down selecting to ments for the LCS program. I asked What that means is, if we were to let one design and starting a second source Admiral Roughead: ‘‘Do both of these the bids expire at the end of December, building the winning design, would vessels in their current configuration we would lose the full benefits of the save $2.9 billion, or $1 billion more than meet the Navy’s requirements?’’ Admi- competition and our savings will likely the program of record, and would allow ral Roughead replied: ‘‘Yes, Senator, be reduced. the Navy to purchase an additional they do. Both ships do.’’ Mr. President, I support including LCS vessel during the same period of Some have raised the possibility that the authority for the Navy to make the FYDP—20 ships rather than 19 development of the mission packages this change in the continuing resolu- ships. could cause problems in the ship- tion before us. The Navy also testified that addi- building program and lead to unex- Mr. MCCAIN. Mr. President, I rise to tional operation and support costs for pected cost growth, and thereby fail to oppose the littoral combat ships, LCS,

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10879 provision in the continuing resolution, LCS’ lead ships have not been identi- and testing the first four ships are incor- CR. That provision—which, according fied and fully resolved’’ and ‘‘has the porated in the operating ships, ships under to the Congressional Budget Office, combined capability of the LCS construction, and ships yet to be awarded. The Navy will update the Test and Evalua- CBO, and the Congressional Research seaframes with their mission modules tion Master Plan (TEMP) for the LCS, to re- Service, CRS, could cost taxpayers as been sufficiently demonstrated so that flect the Program of Record following the much as $2.9 billion more than the cur- increasing the Navy’s commitment to Milestone B (MS B) decision. rent acquisition strategy—simply does seaframes at this time would be appro- The Navy will update test and evaluation not belong in the CR. But once again priate?’’ and production of LCS seaframes and mis- we are looking at a cloture vote on a Those questions, and others, that sion modules following the MS B decision. The Navy has completed a robust inde- piece of ‘‘must-pass’’ legislation where GAO, CRS and CBO raised last week, pendent cost analysis of the LCS lifecycle the majority leader has filled the are salient and should be answered de- using estimating best practices and sub- amendment tree and no amendments finitively before we approve of the mitted this estimate to the Office of the Sec- will be allowed. Navy’s proposal. Every one of those retary of Defense (OSD) for comparison with The LCS program has a long, docu- witnesses conceded that more time the Cost Assessment and Program Evalua- mented history of cost overruns and would help Congress get those answers. tion (CAPE) group independent estimate. production slippages and yet we now These recommendations and the Depart- And, considering this provision in con- ment’s responses apply for either the down- find ourselves inserting an authoriza- nection with a Continuing Resolution, select or the dual block-buy approach and tion provision at the 11th hour to yet brought up at the 11th hour; during a the Department’s concurrence and related again change the acquisition strategy lame-duck session; outside of the con- actions with the recommendations (included of a program that has been plagued by gressional budget-review period; and in Appendix III of the August GAO report) instability since its inception. without specific information or the op- will not change in either case. Let’s look at its track record over portunity for full and open debate by As you know, Navy has taken delivery of the first two ships and the third and fourth the past 5 years: all interested Members, does not give ships are under construction. The perform- 1st LCS funded in 2005—LCS 1 Commis- us that time. Buying into this process ance of the USS FREEDOM (LCS 1) and USS sioned in Nov 2008 at cost of $637 million; would be an abrogation of our constitu- INDEPENDENCE (LCS 2) and their crews are 2nd LCS funded in 2006—LCS 2 Commis- tional oversight responsibility. extraordinary and affirm the value and ur- sioned in Jan 2010 at cost of $704 million; From 2005 to date, we have sunk $8 gent need for these ships. For the Fiscal 3rd LCS funded in 2006—Canceled by Navy billion into the LCS program. And, Years (FYs) 2010–2014 ships, Navy has been in April 2007, because of cost, and schedule what do we have to show for it? Only pursuing the congressionally authorized growth; down-select to a ten ship block-buy. Com- 4th LCS funded in 2006—Canceled by Navy two boats commissioned and one boat petition for the down-select has succeeded in in Nov 2007, because of cost and schedule christened—none of which have been achieving very affordable prices for each of growth; shown to be operationally effective or the ten ship bids which reflect mature de- 5th LCS funded in 2007—Canceled by Navy reliable—and a trail of blown cost-caps signs, investments made to improve perform- in Mar 2007, because of cost and schedule and schedule slips. I suggest that, hav- ance, stable production, and continuous growth; ing made key decisions on the program labor learning at their respective shipyards. 6th LCS funded in 2007—Canceled by Navy hastily and ill-informed, we in Con- The result of this competition affords the in Mar 2007, because projected costs too high; Navy an opportunity to award a dual block- 7th LCS funded in 2008—Canceled by Navy gress are partly to blame for that buy award (for up to 20 ships between FYs in Sep 2008, because projected costs too high; record. But, with the cost of the pro- 2010–2015) with fixed-price type contracts, 8th LCS funded in 2009—Christened in Dec gram from 2010 to 2015 projected to be which achieves significant savings for the 2010 is about 80 percent complete; ‘‘New LCS about $11 billion, we can start to fix taxpayer, while getting more ships to the 3’’; that—by not including this ill-advised Fleet sooner and providing greater oper- 9th LCS funded in 2009—Under construc- provision in the CR. ational flexibility. The dual block-buy pro- tion is about 40 percent complete; ‘‘New LCS I ask unanimous consent that my De- vides much needed stability to the ship- 4.’’ building industrial base; from vendors, to cember 10, 2010, letter to the chairman systems providers to the shipyards. This will When the Navy first made its pro- and ranking member of the Appropria- posal to Congress just over 6 weeks pay important dividends to the Department, tions Committee, asking them not to and to potential Foreign Military Sales cus- ago, it failed to provide Congress with include the LCS provision in any fund- tomers, in way of current and future pro- basic information we need to decide ing measure, a letter from the Project gram affordability. The fixed-price type con- whether it should approve the Navy’s on Government Oversight to Senator tract limits the government’s liability and request—including the actual bid incentivizes both the government and the LEVIN and me, and the exchange of let- prices, which would tell us how real- shipbuilder to aggressively pursue further ef- ters between me and the Chief of Naval ficiencies and tightly suppress any appetite istic and sustainable they are, and spe- Operations, CNO, be printed in today’s cific information about how capable for change. Navy will routinely report on the RECORD. program’s progress and Congress retains con- each of the yards are of delivering the There being no objection, the mate- trol over future ship awards through the an- ships as needed, on time and on budget. rial was ordered to be printed in the nual budget process. Why don’t we have that information? RECORD, as follows: The agility, innovation and willingness to Because it’s sensitive to the on-going seize opportunities displayed in this LCS CHIEF OF NAVAL OPERATIONS, competition. competition reflect exactly the improve- NAVY PENTAGON, ments to the way we do business that the De- Last week, in testimony before the Washington, DC, November 22, 2010. Senate Armed Services Committee, the partment requires in order to deliver better Hon. JOHN S. MCCAIN, value to the taxpayer and greater capability General Accountability Office, GAO, Ranking Member, Committee on Armed Services, to the warfighter. the Congressional Research Service, U.S. Senate, Washington, DC. I greatly appreciate your support for the CRS, and the Congressional Budget Of- DEAR SENATOR MCCAIN: Thank you for af- LCS Program. As always, if I can be of fur- fice, CBO, raised important questions fording me the opportunity to discuss the ther assistance, please let me know. that Congress should have answers to Littoral Combat Ship (LCS) program. This Sincerely, before it considers approving the pro- program is vital to the future force structure G. ROUGHEAD, of the United States Navy, and I am com- Admiral, U.S. Navy. posal. mitted to its success. The Navy tackled ag- Those questions included not only gressively and overcame the program’s past PROJECT ON GOVERNMENT OVERSIGHT, ‘‘how much more (or less) would it cost cost and schedule challenges, ensuring af- Washington, DC, December 9, 2010. for the Navy to buy LCS ships under its fordability of this new critical warfighting Senate Armed Services Committee, proposal’’ but also ‘‘how much would capability. Senate Russell Office Building, the cost be to operate and maintain The Department has taken action on all Washington, DC. two versions of LCS, under the pro- four of the recommendations of the August DEAR CHAIRMAN LEVIN AND RANKING MEM- posal’’. They also asked ‘‘how confident 2010 General Accountability Office (GAO) BER MCCAIN, The Project On Government LCS report. Oversight (POGO) is a nonpartisan inde- can we be that the Navy will be able to The Navy has been operating both LCS de- pendent watchdog that champions good gov- stay within budgeted limits and deliver signs and collecting design performance ernment reforms. POGO’s investigations into promised capability on schedule—given data. There are mechanisms in place to en- corruption, misconduct, and conflicts of in- that all of the deficiencies affecting sure design corrections identified in building terest achieve a more effective, accountable,

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10880 CONGRESSIONAL RECORD — SENATE December 21, 2010 open, and ethical federal government. We are strategy. Some, including CRS, have asked negatively assessed the Navy’s implementa- troubled by a rushed proposal to change the whether other shipyards will be frozen out of tion of some of the recommendations it Navy Littoral Combat Ship (LCS) sea frame the LCS program—even after the first 20 made in its August 2010 report—rec- acquisition strategy. ships have been built. For that reason, we ommendations with which the Department The Navy notified Congress of its proposal believe that, before approving the Navy’s of Defense concurred. Against that backdrop, to change its acquisition strategy for LCS on proposal, Congress should carefully evaluate GAO observed that ‘‘decisionmakers do not November 3, 2010. The proposed strategy, whether it may in fact stifle, rather than en- have a clear picture of the various options under which the Navy intends to buy up to 20 courage, competition throughout the pro- available to them related to choosing be- sea frames from two separate shipyards, is a gram’s lifecycle, as is required under the re- tween the down-select and dual award strate- substantial change from the current strat- cently enacted weapon systems acquisition gies’’. egy. Currently, the Navy’s strategy is to reform law. Similarly posing a number of important ‘‘down select’’ (i.e. choose a winner) to one This is not the first time the Navy has questions (on, for example, the potential rel- yard and (with the winning design in hand) given Congress insufficient time to evaluate ative costs and risks of the two strategies, hold another competition later to build a its LCS acquisition strategy. The last time the proposal’s impact on the industrial base, total of 19 ships—only 10 of which are now the Navy asked Congress to approve its LCS and its effect on competition) in its recent authorized under law. To implement the new acquisition strategy—just last year—there review of the proposal, CRS too noted that strategy, the Navy needs Congress to sign off was short notice. In 2002, the Navy gave ‘‘lit- this is the third time that the Navy has pre- on it and wants Congress to do so by mid-De- tle or no opportunity for formal congres- sented Congress with a difficult choice about cember. sional review and consideration’’ of the how to buy LCS ships late in Congress’ budg- Congress should require that the Navy give Navy’s proposed LCS acquisition strategy, et-review cycle—after budget hearings and it more time to get answers to the serious according to CRS. This is deja vu all over often after defense bills have been written. questions raised by, among others, the Con- again. The taxpayers deserve the careful con- Given the foregoing, without the basic in- gressional Research Service (CRS) in its No- sideration of Congress. formation and the time necessary for the vember 29, 2010, report (attached) and the In sum, Congress should not approve the Senate to discharge its oversight responsibil- Government Accountability Office (GAO) in Navy’s acquisition strategy without a clear ities with respect to the Navy’s proposal re- reports issued in August and December 2010. picture of the likely costs and risks. Fur- sponsibly and transparently, I oppose includ- As CRS asked: thermore, Congress should not allow the ing this provision in the any funding meas- ‘‘Does the timing of the Navy’s proposal Navy to continue to skirt oversight. We ap- ure now under consideration. With the LCS’ provide Congress with enough time to ade- preciate your review of this letter and your program’s troubled history, I suggest that quately assess the relative merits of the time, and look forward to working with you such measures would serve as inappropriate down select strategy and the dual-award on the Littoral Combat Ship Program. If you vehicles to make dramatic changes to the strategy? . . . Should the Navy ask the con- have any questions, please do not hesitate to program. tractors to extend their bid prices for an- contact Nick Schwellenbach. Thank you for your consideration. other, say, 30 or 60 or 90 days beyond Decem- Sincerely, Sincerely, ber 14, so as to provide more time for con- DANIELLE BRIAN, JOHN MCCAIN, gressional review of the Navy’s proposal?’’ Executive Director. Ranking Member. Congress needs time to consider whether the Navy’s new plan is fiscally responsible or U.S. SENATE, U.S. SENATE, whether it increases risks that already exist COMMITTEE ON ARMED SERVICES, COMMITTEE ON ARMED SERVICES, in the program. Congress should require that Washington, DC, December 10, 2010. Washington, DC, December 8, 2010. the Navy to ask the two contractor teams to Hon. DANIEL INOUYE, Admiral GARY ROUGHEAD, USN, extend their bid prices up to 90 days beyond Chairman, Senate Committee on Appropriations, Chief of Naval Operations, December 14. The two contractor teams are Washington, DC. Navy Pentagon, Washington, DC. led by, respectively, Lockheed Martin and Hon. THAD COCHRAN, DEAR ADMIRAL ROUGHEAD: About a month Austal USA. Vice Chairman, Senate Committee on Appro- ago, the Navy first proposed that Congress The Navy’s justification for its new strat- priations, Washington, DC. let it fundamentally change how it buys egy is the purportedly low prices that both DEAR CHAIRMAN INOUYE AND VICE CHAIRMAN seaframes under the Littoral Combat Ships bidders have submitted in the current com- COCHRAN: The House-passed Full-Year Con- (LCS) program—a program that has had seri- petition. But it is not clear if these low bids tinuing Appropriations Act, 2011 (H.R. 3082) ous difficulty on cost, schedule and perform- are reasonable. The use of fixed-price con- contains a provision that would authorize ance. tracts won’t necessarily prevent an under- the Department of the Navy to acquire 20 However, in August 2010 and again just performing shipyard from simply rolling its Littoral Combat Ships (LCS) in lieu of the 10 today, the General Accountability Office losses into its prices for follow-on ships. that were authorized under the National De- (GAO) issued a report raising serious con- There can be no doubt that the LCS pro- fense Authorization Act, 2010. As you finalize cerns about the program. In today’s report, gram has already had significant problems. your Omnibus Appropriations Bill, I wanted it also conveyed criticism about the Navy’s For example, the sea frames were originally to express my opposition to including this implementation of its recommendations. intended to cost about $220 million each. But provision in the Omnibus Appropriations Bill When you and I met, on November 18, 2010. the ones built and under construction have or any other stop-gap funding measure that I asked that you describe how the Navy has ballooned up to over $600 million each. Yet you may be considering. implemented GAO’s recommendations. In without any real data indicating that the As you know, the Navy first conveyed to that regard, your letter of November 22, 2010, program is likely to perform adequately in the Senate its proposal that gave rise to this was unhelpful. Not only did it cite what the the future (the Navy has failed to meaning- provision just a few weeks ago, and the com- Navy will do to implement GAO’s rec- fully implement many of GAO’s rec- petition for the LCS ship construction con- ommendations as examples of action it had ommendations in its August report), the tract is still open. As such, not only has the already taken, most of the action items it Navy wants Congress’s help to lock the pro- Senate been given an unusually short time described didn’t even correspond to GAO’s gram into 20 ships over the next five years. to review such an important proposal but it actual recommendations. Indeed, the whole The Navy has not demonstrated the com- also has been unable to obtain basic informa- thrust of the Navy’s proposal appears basi- bined capabilities of the LCS sea frame(s) tion (on cost and capability, for example) it cally inconsistent with the recommendation with its mission packages. It’s important to needs to consider the proposal carefully be- that the Navy not buy excess quantities of bear in mind that the LCS sea frame is effec- cause they remain source-selection sensitive. ships and mission packages before their com- tively a ‘‘truck.’’ The LCS’s combat effec- Moreover, recent reviews of the proposal bined capabilities have been sufficiently tiveness derives from its modular ‘‘plug-and- released by the General Accountability Of- demonstrated. play’’ mission packages (e.g., anti-sub- fice (GAO) and the Congressional Research Until deficiencies affecting the lead ships marine, mine-countermeasures, and surface Service (CRS) just yesterday raise a number have been fully identified and resolved, I warfare). The LCS program has been strug- of salient concerns about it. In the aggre- simply cannot share your optimism that the gling with developmental challenges with gate, those concerns indicate the proposal LCS program will stay within budgeted lim- these mission packages that have led to needs more careful and open deliberation its and deliver required capability on time— postponed testing. As the GAO states, ‘‘Until than would be afforded by including it in a an assumption that underpins the Navy’s mission packages are proven, the Navy risks late cycle Omnibus or continuing resolution. proposal. And, without basic information investing in a fleet of ships that does not de- In particular, the GAO identified a full needed to consider the proposal responsibly liver promised capability.’’ Without effective range of uncertainties (relating to, for exam- (because, with the competition still open, mission capabilities, the LCS will be ‘‘large- ple, design changes, operations and support they remain sensitive), I cannot support it at ly constrained to self-defense as opposed to costs, mission-package development) that this time. mission-related tasks.’’ would determine whether the proposal will Finally, I would like to comment on how Furthermore, it is likely that other ship- realize estimated savings—savings that, in undesirable the process by which the Navy yards that may be just as capable of building its own report release just today, the Con- has made this proposal has been—outside of LCS sea frames as the two that would be gressional Budget Office (CBO) suggests that ‘‘regular order’’; during an open competition; awarded contracts under the dual-award the Navy may have overstated. GAO also in a way that precludes full and open debate

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by all interested Members; and without full U.S. CONGRESS, analyzed the cost implications of the Navy’s information. I respectfully suggest that nei- CONGRESSIONAL BUDGET OFFICE, existing plan for acquiring new LCSs and a ther this program nor the Navy’s ship- Washington, DC, December 10, 2010. new plan that it is currently proposing: building enterprise have been served well by Hon. JOHN MCCAIN, Existing ‘‘Down-Select’’ Plan: In Sep- Congress’ making decisions in this way in Ranking Member, Committee on Armed Services, tember 2009, the Navy asked the two builders U.S. Senate, Washington, DC. to submit fixed-price-plus-incentive bids to the past. I, therefore, respectfully ask that DEAR SENATOR: As you know, the Navy is build 10 ships, 2 per year from 2010 to 2014, this process not be repeated. planning to acquire a fleet of 55 littoral com- beginning with funds appropriated for 2010. Thank you for your visit. I look forward to bat ships (LCSs), which are designed to The Navy planned to select one of the two continuing to work with you in support of counter submarines, mines, and small sur- versions of the LCS, awarding a contract for our sailors. face craft in the world’s coastal regions. Two those 10 ships to the winning bidder, and Sincerely, of those ships have already been built, one then, through another competition, to intro- JOHN MCCAIN, each of two types: a semiplaning steel duce a second yard to build 5 more ships of Ranking Member. monohull built jointly by Lockheed Martin that same design from 2012 to 2014. In 2015, and Marinette Marine in Wisconsin and an the Navy would purchase 4 more ships; the all-aluminum trimaran built by Austal in acquisition strategy for those vessels has not Alabama. The Navy also has two more ships been specified. A total of 19 ships of one de- (one of each type) under construction. The sign would be purchased by 2015 (see Table 1). remaining 51 ships would be purchased from Any shipyard could bid in that second com- 2010 through 2031. In response to your re- petition except the winner of the contract quest, the Congressional Budget Office (CBO) for the first 10 ships. TABLE 1—LCS PROCUREMENT UNDER DIFFERENT ACQUISITION PLANS, 2010 TO 2015 [Number of ships procured]

2010 2011 2012 2013 2014 2015 Total

Existing Down-Select Plan Winner ...... 2 2 2 2 2 4 19 Second Builder ...... 1 2 2 ...... Proposed Dual-Award Plan Lockheed Martin/Marinette Marine ...... 1 1 2 2 2 2 20 Austal ...... 1 1 2 2 2 2 ...... Source: Congressional Budget Office based on data from the Navy. Note: The Navy also purchased two ships from each builder between 2005 and 2009. Under the down-select plan, the Navy proposes to procure four ships in 2015. How the Navy would purchase those ships has not been determined.

Proposed ‘‘Dual-Award’’ Plan: In November does not yet have much experience in oper- vides to the shipyard, that are not part of of this year, the Navy proposed to accept the ating such ships. In addition, if the Navy the shipyard contract. But the cost of gov- fixed-price-plus-incentive bids from both later decided to use a common combat sys- ernment-furnished equipment is small; it is teams, purchasing 10 of each type of LCS (a tem for all LCSs (rather than the different less than 5 percent of the total cost in the total of 20 ships) by 2015, beginning with ones that would initially be installed on the case of the third and fourth ships currently funds appropriated for fiscal year 2010. two different types of vessels), the costs for under construction. According to the Navy, the bid prices re- developing, procuring, and installing that The Navy indicates that its estimates re- ceived under the existing down-select plan system could be significant. flect the experience the shipyards gained were lower than expected, which would allow THE NAVY’S ESTIMATES OF COSTS BETWEEN 2010 from building two previous ships and the the service, under the dual-award plan, to AND 2015 benefits of competition. Under the down-se- purchase 20 ships from 2010 through 2015 for In the fiscal year 2011 FYDP, the Navy pro- lect plan, the second shipyard that would less than it had expected to pay for 19. (The posed spending almost $12 billion in current begin building LCSs in 2012 would be inexpe- total number of LCSs ultimately purchased dollars to procure 19 littoral combat ships rienced with whichever ship design was would be the same under both plans.) between 2010 and 2015 under the down-select awarded, and the investments required in in- CBO has estimated the cost for the LCS plan. (The Navy’s budget estimate was sub- frastructure and expertise would make the program between 2010 and 2015 under both mitted in February 2010, well before it re- first ships it produced more expensive than plans, using its standard cost-estimating ceived the two contractors’ bids in the sum- those from a shipyard with an existing con- model. By CBO’s estimates, either plan mer of 2010.) The Navy now estimates the tract for LCS construction. Conversely, would cost substantially more than the cost under that plan to be $10.4 billion, about under the dual-award plan, each shipyard Navy’s current estimates—but CBO did not $1.5 billion (or 13 percent) less than its pre- would benefit from its experience with build- have enough information to incorporate in vious estimate. ing two of the first four LCSs. CBO cannot its estimates the bids from both contractors Now that the Navy has the two bids in quantify the benefits of competition, al- for the 10-ship contract. hand, it has formulated a new plan for pur- though they undoubtedly exist. In light of CBO’s analysis suggests the following con- chasing LCSs. It estimates that it could pur- the results of the competition for the 10-ship clusions: chase 20 ships—10 from each contractor—for block, it is possible that the competition the Whether one considers the Navy’s esti- about $9.8 billion through 2015, or $0.6 billion Navy would hold in 2012 for the second mates or CBO’s, under either plan, costs for less than it currently estimates for the source in the down-select plan might also the first 19 ships are likely to be less than down-select plan and $2.1 billion less than yield costs that are below those the Navy (or the amounts included in the Navy’s 2011 the cost it had estimated for 19 ships in its CBO) estimates, in which case the current budget proposal and the Future Years De- 2011 FYDP. The Navy’s projected cost per estimate of the costs for that plan would be fense Program (FYDP). ship under this plan is 21 percent less than overstated. CBO’s estimates show per-ship construc- its estimate in the 2011 FYDP. The Navy briefed CBO on some aspects of tion costs that are about the same for the The Navy’s block-buy contracts under ei- those estimates but did not provide CBO two plans, but those estimates do not take ther plan would be structured as fixed price with the detailed contractor data or with the into account the actual bids that have been plus incentive. Under the terms of the two Navy’s detailed analysis of those data. If the received. contractors’ bids, the ceiling price is 125 per- contractors’ proposals for the 10-ship award Adopting the dual-award plan might yield cent of the target cost, and that price rep- are robust and do not change, the Navy’s es- savings in construction costs, both from resents the maximum liability to the govern- timates would be plausible although not avoiding the need for a new contractor to de- ment. The Navy and the contractor would guaranteed. CBO has no independent data or velop the infrastructure and expertise to share costs equally over the target price up means to verify the Navy’s savings estimate, build a new kind of ship and from the possi- to the ceiling price. If costs rose to the ceil- and costs could grow by several hundred mil- bility that bids now are lower than they ing price, the result would be a 12.5 percent lion dollars if the shipbuilders or developers would be in a subsequent competition, when increase in price to the government com- of the combat systems carried by those ships the economic environment would probably pared with the target price at the time the experience cost overruns. be different. contract was awarded. The Navy has stated COMPARISON OF CBO’S AND THE NAVY’S Operating and maintaining two types of that its budget estimates include additional ESTIMATES ships would probably be more expensive, funding above the target price to address CBO’s estimates of costs are higher and in- however. The Navy has stated that the dif- some, but not all, of the potential cost in- dicate little difference in the per-ship costs ferences in costs are small (and more than creases during contract execution. There is of the two plans. They reflect information offset by procurement savings), but there is also the potential for cost growth in other about the ships currently being built, but considerable uncertainty about how to esti- parts of the program, such as in the govern- they do not incorporate information about mate those differences because the Navy ment’s purchasing of equipment that it pro- the contractors’ bids because CBO does not

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a Average 2010 2011 2012 2013 2014 2015 Total ship cost

CBO’s Estimates 19-Ship Down-Select Plan ...... 1,080 1,150 b 1,790 2,330 2,350 2,380 11,080 583 20-Ship Dual-Award Plan ...... 1,080 1,450 b 2,290 2,300 2,330 2,370 11,820 591 Navy’s Estimates 19-Ship Down-Select Plan ...... n.a. n.a. n.a. n.a. n.a. n.a. 10,400 547 20-Ship Dual-Award Plan ...... n.a. n.a. n.a. n.a. n.a. n.a. 9,800 490 Memorandum: 2011 President’s Budget and FYDP (19-ship plan) ...... 1,080 1,509 1,808 2,334 2,417 2,748 11,893 626 Source: Congressional Budget Office. Note: n.a. = not available; FYDP = Future Years Defense Program. a. The amount for 2010 is the funding level provided in the Defense Appropriations Act, 2010. b. The amounts for 2011 include additional funds CBO estimates would be needed to complete the 2010 ships.

With the Navy in possession of contract Navy would then be buying at least 10 more ready equipped with an incompatible system. bids, it is not clear that CBO’s cost-esti- ships that have higher total ownership costs. Combat systems for the LCS today cost mating model is a better predictor of LCS Conversely, if the Navy were to choose the about $70 million each, not including the costs through 2015 than the Navy’s esti- ship with higher total ownership costs under cost to remove the old system and install the mates. Still, the savings compared with the the down-select strategy, the dual-award new one. At a minimum, the Navy would lose 2011 FYDP might not be realized if the Navy strategy might produce an overall savings. some efficiency in the production of the changes the number of ships that are pur- However, some of those savings would be off- combat system under the dual-award plan chased after the contract has been let or set by the extra overhead costs of employing because neither producer of the combat sys- makes design changes to address technical a second shipyard and by other types of addi- tem would have provided more than 12 sys- problems, regardless of which acquisition tional costs described below. Added costs tems for installation on LCSs by 2015; under strategy the Navy pursues. Inflation or other would also arise if the Navy selected the the down-select strategy, by contrast, one escalation clauses in the contract also could dual-award strategy through 2015 and then producer would have provided 19 systems by add to costs. decided to build both types of ships after 2015 that year. Thus, the production costs of the Although CBO estimates that the dual- to complete the 55–ship fleet rather than se- combat system are likely to be higher for award plan would be slightly more costly, lecting only one type, in keeping with its ships purchased after 2016 under the dual- that approach might also provide some bene- current plans. award strategy than under the existing fits. In materials delivered to the Congress The dual-award strategy might entail down-select approach because the manufac- about that strategy, the Navy stated, ‘‘There higher costs to support two full training and turers of those later ships would have had are numerous benefits to this approach in- maintenance programs for the two ship de- less experience building ships of the same cluding stabilizing the LCS program and the signs. Under the down-select strategy, the type and thus fewer opportunities to identify industrial base with award of 20 ships; in- Navy would need training, maintenance, and cost-saving practices. Furthermore, the creasing ship procurement rate to support support facilities to sustain a fleet of 53 costs to operate two combat systems (or to operational requirements; sustaining com- LCSs of the winning design. Facilities would switch to a single combat system later) petition through the program; and enhancing be required for both the Pacific Fleet and the would probably exceed the cost to operate a Foreign Military Sales opportunities.’’ CBO Atlantic Fleet—essentially one on each coast single system from the outset. did not evaluate those potential benefits. of the continental United States. A more I hope you find this information helpful. If you have any more questions, please contact IMPLICATIONS OF THE TWO ACQUISITION PLANS modest set of facilities would be required to me or CBO staff. The CBO staff contact is FOR COSTS BEYOND 2015 support the two ships of the losing LCS de- sign, which the Navy could presumably con- Eric Labs. A Navy decision to buy both types of ships Sincerely, through 2015 would have cost implications centrate at a single location. Under a dual- award strategy, the Navy would buy at least DOUGLAS W. ELMENDORF, after 2015. But whether those long-term costs Director. will be higher or lower would depend on at 12 ships of each type, with an additional 31 least three aspects of the Navy’s decision: ships of either or both designs purchased Mr. LEAHY. Mr. President, I strong- Which of the two ship designs the Navy after 2015. Thus, a more robust training, ly support the alternate engine for the would have selected if it had kept to its maintenance, and support program would be F–35 Joint Strike Fighter. The evi- original down-select plan; required for the version of the LCS that dence and the logic for an alternate en- Whether the Navy will buy one or both would have lost under the down-select strat- gine easily overwhelm the flawed argu- types of ships after 2015; and egy. The Navy has said that those costs are ments that have been used to attack it. Whether the Navy decides eventually to relatively small and more than offset by the develop a common combat system for both savings generated by the shipyards’ bids, but Investments in fighter engine competi- types of ships or to keep the two combat sys- CBO did not have the data to independently tion will reduce costs over the life of tems (one for each type of ship) that it would estimate those additional costs. the F–35 program. Not only will com- purchase under the dual-award approach. Finally, another, potentially large, cost petition cost less than a single engine CBO cannot estimate those costs beyond would hinge on whether the Navy decides in monopoly; competition also forces con- 2015 because it does not know what the Navy 2016 or later to select a common combat sys- tractors to be more responsive and reli- is likely to decide in any of those areas. For tem for all LCSs. Currently, the two versions able. And the F–35 will comprise a vast example, if the Navy pursued its original of the ship use different combat systems. If percentage of the U.S. strike aircraft down-select strategy and chose the ship with the Navy decided to have both versions of lower total ownership costs (the costs of pur- the LCS operate with the same combat sys- fleet. With just one engine, our na- chasing and operating the ships), switching tem, it would incur research, development, tional security would rest on a single to the dual-award strategy would increase and procurement costs, as well as costs to in- point of failure. Sole-sourcing the F–35 the overall cost of the program because the stall the new system on 12 of the LCSs al- Joint Strike Fighter engine is simply

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10883 the wrong decision for our country, and stand to save more money over the life and economy. We miss the chance to I am glad that the continuing resolu- of the F–35 program by maintaining add at least 75 new U.S. deputy mar- tion will preserve funding for this pro- competitive alternatives. Most impor- shals to track down and arrest the gram through March. tantly, we will purchase a better and roughly 135,000 fugitive, unregistered Though misinformation has been more reliable product for the people child sexual predators hiding from the spread about the costs of the alternate who risk their lives to defend our coun- law and targeting children. engine, multiple nonpartisan reports try. I will continue to support engine This CR stifles innovation and work- suggest that it is highly likely to save competition that ensures the best prod- force development. In September, taxpayer dollars. According to Govern- uct for the troops at the best price for Norm Augustine and the National ment Accountability Office testimony, the taxpayer. Academy of Sciences updated the 2005 the Congress can reasonably expect to Ms. MIKULSKI. Mr. President, I rise ‘‘Rising Above the Gathering Storm’’ recoup investment costs over the life of to speak about the appropriations proc- report, sounding the alarm that the the program. If the so-called ‘‘Great ess and the need to return it to regular U.S. is still losing ground in science Engine War’’ of the F–16 program is order. I come to the floor very bitter that fuels innovations, and brings us any example, the F–35 alternate engine that we have to pass this continuing new products and new companies. Ev- might even yield 30 percent cumulative resolution, CR. The power of the purse eryone says they are for science, but it savings for acquisition, 16 percent sav- is our constitutional prerogative. I am appears that no one wants to pay for it. ings in operations and support, and 21 for regular order. Regular order is the So, under this CR, our science agen- percent savings over the life cycle of most important reform to avoid con- cies, like the National Institute of the aircraft. Not only would we sac- tinuing resolutions and omnibus bills. Standards and Technology, NIST, and rifice these potential savings by killing Regular order starts with the Appro- the National Science Foundation, NSF, the F–35 alternate engine program, but priations subcommittees and then full will be flat funded. For NSF, this that decision would waste the invest- committee marking up 12 individual would mean 800 fewer research grants, ment we have already made in a com- bills. Chairman INOUYE has led these and 7,000 fewer scientists and techni- petitive second engine. Ending fighter bills out of Committee for the last 2 cians working in labs across the coun- engine competition for the F–35 is years, as Chairman Byrd did before try on promising research in emerging pound foolish without even being him. Then the full Senate considers 12 fields like cyber security and nano- penny wise. bills on the floor and all Senators have technology. Under a CR, we will let the GAO also points to several possible a chance to amend and vote on the world catch up by not making new in- nonfinancial benefits of engine com- bills. This, however, has not happened vestments in science education. We petition, including better system per- since the 2006 spending bills. Lack of won’t just lose the Ph.D.s who open formance, increased reliability and im- regular order means trillion dollar om- avenues of discovery and win the Nobel proved contractor responsiveness. News nibuses or continuing resolutions. If a Prize. We will also lose the technicians reports about the broader F–35 program bill costs a trillion dollars, then oppo- who are going from making steel and reveal what happens when we sole- nents ask why can’t we cut it by 20 per- building ships to the new, innovation- source crucial large, multiyear defense cent—what will it matter? But we are based manufacturing economy, cre- programs. The F–35 faces a range of un- dealing with actual money; it is not ating the next high tech product. We anticipated problems, delays and cost authorizing, which is advisory. There will also lose the chance to build up overruns. Even the independent panel are real consequences. If we are really technical education in key fields like on the 2010 Quadrennial Defense Re- going to tackle the debt, the Appro- cyber security. Under this CR, we can- view—led by President Clinton’s De- priations Committee must be at the not expand the supply of cyber security fense Secretary, William Perry, and table. Tackling the debt can’t be done specialists who are responsible for pro- President Bush’s National Security Ad- just through Budget and Finance Com- tecting U.S. Government computers viser, Stephen Hadley—strongly advo- mittees alone. and information. We miss the oppor- cated dual-source competition in major What are the real life consequences tunity to triple funding for the NSF defense programs. Without competi- of this CR? Well, this CR means that it program to train cyber professionals tion, the American people will keep will be harder to keep America safe. for Federal careers, which has brought paying more and more to buy less and Under this CR the FBI cannot hire 126 us more than 1,100 cyber warriors since less. new agents and 32 intelligence analysts 2002 and of whom more than 90 percent Without competition, our country’s it needs to strengthen national secu- take jobs with Federal agencies. strike aircraft would be one engine rity and counter terrorist threats. The I am also disappointed we will be problem away from fleet-wide ground- FBI’s cyber security efforts will also be passing this CR because I believe in the ing. Putting all of our eggs in the sin- stalled, even while our Nation faces a separation of powers established by the gle engine basket would elevate risks growing and pervasive threat overseas Constitution. Congress should not cede to our troops and their missions. Imag- from hackers, cyber spies and cyber power to the Executive Branch, regard- ine our soldiers in Afghanistan strand- terrorists. Cyber security is a critical less of which party is in the White ed without air support simply because component to our Nation’s infrastruc- House. The Constitution gives the we were not wise enough to diversify ture, but this CR doesn’t allow the FBI power of the purse to Congress. I will the program to avoid engine-based to hire 63 new agents, 46 new intel- not cede the power to meet compelling groundings. With their lives on the ligence analysts and 54 new profes- human or community needs or create line, we cannot afford to be irrespon- sional staff to fight cyber crime. The jobs for America and for Maryland. I sible with this program. DEA, ATF and FBI cannot hire 57 new don’t want to leave all funding deci- The continuing resolution appro- agents and 64 new prosecutors to re- sions to bureaucracy. priately maintains funding for the al- duce the flow of drugs and fight vio- On the Appropriations Committee, ternate engine program. It does not lence and strengthen immigration en- we did our work by reporting 12 sepa- allow for so-called new starts, but nei- forcement along the Southwest border. rate bills to the full Senate, but none ther does it bring programs to a pre- Under this CR, we leave immigration came to the Senate floor. My Com- mature end without the debate and full courts struggling to keep pace with merce, Justice, Science—or CJS—Sub- consideration here in the Congress that over 400,000 immigration court cases committee held 6 hearings with 14 wit- they deserve. The alternate engine pro- expected in 2011 because they cannot nesses to examine agencies’ budget re- gram will rightly continue, and I ex- add Immigration Judge Teams who de- quests and policies. We heard from 4 in- pect that when programs receive scru- cide deportation and asylum cases. We spectors general, IGs, from our major tiny during budget consideration next cannot hire 143 new FBI agents and 157 departments and agencies: Todd Zinser spring, the same will also be the case. new prosecutors for U.S. attorneys to at Commerce, Glenn Fine at Justice, Ensuring engine competition is the target mortgage and financial fraud Paul Martin at NASA and Allison right thing to do because it is the scammers and schemers who prey on Lerner at NSF. We listened to agen- smart thing to do. Although some have America’s hard working, middle class cies’ officials, representatives of orga- stressed the up-front costs, taxpayers families and destroy our communities nizations from sheriffs to scientists

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10884 CONGRESSIONAL RECORD — SENATE December 21, 2010 and interested Senators. My CJS Sub- forward to consideration of all 12 ap- Customs Enforcement may have to cut committee worked in a bipartisan way propriations bills on the floor next back investigations into human traf- to craft a bill that makes America year. ficking, drug smuggling and identity safer, invests in the American work- Mr. LAUTENBERG. Mr. President, theft. There will be fewer Customs offi- force of the future and is frugal and when our colleagues from across the cers on duty to keep dangerous cargo gets value for taxpayer dollars. Under aisle blocked the Omnibus appropria- and terrorists out of our country. Our this CR, all of that work is wasted. In- tions bill they decided to leave our Na- ability to prepare for natural disasters stead of fulfilling our constitutional tion less safe and less prepared to and other emergencies will suffer. duty of the power of the purse, we are thwart the next terrorist attack. They Fewer local fire departments will re- leaving it to the Executive Branch to chose to put our homeland security on ceive needed assistance to pay for make key funding decisions with mini- autopilot for the next few months—and equipment and training. mal direction from Congress. that is just too risky. In short, the Republicans’ decision to As I travel around Maryland, people We had before us an Omnibus bill kill the Omnibus will shortchange our tell me that they are mad at Wash- that addressed the evolving threats to safety and take chances with our secu- ington. Families are stretched and our homeland security. As chairman of rity—and that is wrong for our coun- stressed. They want a government the Homeland Security Appropriations try. that’s on their side, working for a Subcommittee, I can attest to the dili- Beyond homeland security, the Re- strong economy and a safer country. gent, bipartisan work that went into publicans’ actions will leave our troops They want a government that is as fru- crafting this legislation, which met our worse prepared and our children with- gal and thrifty as they are. They want security challenges in a fiscally re- out the education they deserve. The Omnibus crafted by Senator to return to a more constitutionally sponsible manner. But our colleagues INOUYE, on the other hand, responsibly based government. This CR is not the across the aisle chose instead to fund met all of these needs. And it did so at solution. our homeland security at the status Some Members might say that a CR quo levels under a continuing resolu- the exact same funding level proposed is OK, it will save money, it doesn’t tion. The terrorists aren’t operating by the Republican leader in the Appro- matter. Well, even though the CR pro- under the status quo and neither priations Committee earlier this year. In June, 40 Republicans voted to sup- vides less funding for CJS, it doesn’t do should we. port funding the government at this it smarter because the CR is essen- The terrorists are constantly search- level. Moreover, the Omnibus was tially a blank check for the executive ing for new ways to threaten our way crafted on a bipartisan basis—and in- branch. Regular order provides direc- of life. We are approaching the 1-year cluded earmarks and other spending re- tion, telling the government to be anniversary of the Christmas Day bombing attempt, when a terrorist quested by Republicans. smarter and more frugal, making So it is the height of hypocrisy and boarded a flight to Detroit with explo- thoughtful and targeted cuts and mod- cynicism for our Republican colleagues sives sewn into his underwear. And just est increases where justified—not gov- to attack this bill as wasteful or bloat- in October, printer cartridges being ernment on autopilot. ed. Adding to the hypocrisy, just two For example, my CJS appropriations shipped from Yemen were found to con- days after killing the Omnibus, which bill tells agencies to cut reception and tain explosives that were meant to included a quarter billion dollars more representation funds by 25 percent; blow up on cargo planes flying over the for border security than the CR, Re- eliminate excessive banquets and con- east coast of the U.S. publicans killed the DREAM Act—on Homegrown terrorism is also a grow- ferences; cut overhead by at least 10 the alleged basis that we should secure ing threat, as evidenced by the Fort percent—by reducing non-essential the border first. They are clearly more Hood shooting, the Times Square travel, supply, rent and utility costs; concerned with handing a defeat to our bombing attempt and the New York increase funding to IGs, the taxpayers’ President and to congressional Demo- City subway plot. Earlier this month, watchdogs at the agencies, and have crats than with governing in a respon- those IGs do random audits of grant the FBI arrested a suspect who was sible way. Republicans have put poli- funding to find and stop waste and planning to blow up a military recruit- tics first and it is our troops, our secu- fraud; and notify the committee when ment center in Baltimore. And last rity and our children that will pay the project costs grow by more than 10 per- month, the FBI stopped a U.S. citizen price. cent so that we have an early warning who planned a terrorist bombing at a In the aftermath of the wreckage system on cost overruns. These reforms Christmas tree-lighting ceremony in caused by the Republicans’ opposition are lost in any CR. Portland, OR. to the Omnibus, Senator INOUYE was We should refocus on the Appropria- Because of the opposition to the Om- faced with the challenge of drafting a tions Committee. Many Senators have nibus, our Department of Homeland Se- slimmed-down continuing resolution only been elected for the first time in curity and first responders across the that would not leave the country vul- the last 6 years, so most have never country will not have the resources nerable. This was an extremely dif- seen regular order and don’t know they need to anticipate, thwart, and re- ficult task, but Senator INOUYE was what Appropriations Committee is sup- spond to these threats: The Transpor- able to craft a bill that provides the posed to be. The Appropriations Com- tation Security Administration will most vital resources our government mittee is ‘‘the guardian of the purse,’’ not be able to purchase new explosive- needs to function over the next few which puts real funds in the Federal tracing equipment or hire more intel- months. This was no small feat and I checkbook for the day-to-day oper- ligence officers and canine teams. We commend the chairman for his tireless ations of Federal agencies in Wash- won’t be able to hire more Federal air work on this bill and throughout this ington, and around the Nation and the marshals, who have been stretched thin year’s appropriations process. world. It performs oversight of spend- since the Christmas Day bomb plot was The PRESIDING OFFICER. The Sen- ing by Federal agencies. And it serves foiled. Our airports and seaports won’t ator from Colorado. as Congress’s main tool to influence get new equipment to detect radiation NOMINATION OF BILL MARTINEZ how agencies spend money on a daily and nuclear material. We will have Mr. UDALL of Colorado. Mr. Presi- basis. Why does this matter? It matters fewer resources to secure air cargo and dent, I rise in response to Senator SES- because the Appropriations Committee eliminate threats like the package SIONS’ comments about a nominee we is the tool for aggressive oversight and bombs from Yemen. We will have less are going to consider shortly, Bill Mar- meeting the needs of our constituents. funding to secure our rail and transit tinez. Agencies must respond to Appropria- systems, which are prime targets for Senator SESSIONS just spoke about tions—their budgets depend on it. terrorists—as we’ve seen everywhere the ACLU for 30 minutes, trying to de- We must preserve the separation of from Madrid and Russia to DC and New fine Bill Martinez—a district court powers, oversight of Federal agencies York City. The Coast Guard won’t be nominee, not the appeals court as SES- and advocacy for our States and our able to hire 100 new maritime inspec- SIONS noted—as an ACLU-like nominee constituents. I urge my colleagues to tors or improve their capacity to re- and then criticizing his hearing re- return to the regular order, and look spond to an oil spill. Immigration and sponses on the death penalty and the

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10885 empathy standard. I wanted to clarify The result was announced—yeas 79, Mr. SESSIONS. Mr. President, the for the record three points of misin- nays 16, as follows: two nominees today are nominees who formation. [Rollcall Vote No. 289 Leg.] came out of the Judiciary Committee Bill Martinez did not work for the YEAS—79 with substantial negative votes. Mr. ACLU. He served on an advisory board Akaka Franken Murkowski Martinez is a long-time member of the regarding cases in Denver. Several Alexander Gillibrand Murray American Civil Liberties Union. He has Bush nominees were members of the Barrasso Grassley Nelson (FL) refused, when asked at the hearing, by Federalist Society and contributors to Baucus Hagan Pryor myself and in written questions, to Begich Harkin Reed other conservative litigation centers Bennet Hutchison state whether he believes the Constitu- and were confirmed just a few years Reid Bennett Inouye Roberts tion of the United States prohibits the ago. Bill Martinez is not the ACLU, Bingaman Johanns Rockefeller death penalty—not whether he believed Boxer Johnson and we ought to be careful to avoid set- Sanders Brown (MA) Kerry in it. That is his prerogative. He hid Schumer ting false standards. Brown (OH) Kirk behind the answer that the Supreme From the Martinez Hearing: Bunning Klobuchar Sessions Court says it is. But the ACLU holds to Senator Sessions: Have you ever acted as Cantwell Kohl Shaheen Shelby the view that the cruel and unusual counsel in a matter on behalf of the ACLU? Cardin Kyl Carper Landrieu Snowe punishment provision of the Constitu- If so, please provide the Committee with a Specter citation for each case, a description of the Casey Lautenberg tion prohibits the imposition of the Cochran Leahy Stabenow death penalty and, therefore, it is un- matter, and a description of your participa- Collins Levin Tester tion in that matter. Conrad Lieberman Thune constitutional. Martinez Response: No. Coons Lincoln Udall (CO) He refused to answer that question, Senator SESSIONS claimed he was dis- Corker Lugar Udall (NM) and I believe that is an untenable view. Dodd Manchin Voinovich There are four references, at least, in satisfied with Bill Martinez’s response Dorgan McCaskill Warner the Constitution to the death penalty, regarding the death penalty, stating Durbin McConnell Webb that he was not clear in his beliefs. Ensign Menendez Whitehouse and I do not know how somebody could This is misleading and the record Enzi Merkley Wicker take the cruel and unusual clause to Feinstein Mikulski states otherwise. override specific references to the From the Martinez Hearing: NAYS—16 death penalty which was provided for Senator Sessions: Please answer whether Burr Feingold McCain in every Colony and the Federal Gov- you personally believe that the death pen- Chambliss Graham Nelson (NE) ernment when the Constitution passed. alty violates the Constitution. Coburn Hatch Risch With regard to the other nominee, Cornyn Inhofe Martinez Response: It is clear under cur- Vitter Mrs. Benita Pearson, she has some very rent Supreme Court jurisprudence that, with Crapo Isakson DeMint LeMieux extreme views on animal rights. When very limited exceptions, the death penalty does not violate the Eighth Amendment to NOT VOTING—5 asked by Senator COBURN whether it would be in the best interests of a steer the U.S. Constitution. Gregg v. Georgia, 428 Bayh Brownback Wyden U.S. 153 (1976); Roper v. Simmons, 543 U.S. 551 Bond Gregg to be slaughtered—she was asked that in the committee—she said probably (2005); Kennedy v. Louisiana, 129 S.Ct. 1 (2008). The motion was agreed to. Consistent with this precedent, I do not be- not in the best interests of the steer, lieve the death penalty is unconstitutional. f sir. But then you have to look beyond Senator SESSIONS also claimed that EXECUTIVE SESSION that. I mean, the steer is going to lose Bill Martinez stated empathy can be its life. It is a painful situation. And taken into consideration with legal de- steers, evidence has shown, may have cisions. This is misleading and the NOMINATION OF BENITA Y. PEAR- some idea or apprehension about the record states otherwise. SON TO BE UNITED STATES DIS- slaughter that is impending. But the From the Martinez Hearing: TRICT JUDGE FOR THE NORTH- next step is, is it necessary to slaugh- Senator Sessions: Do you think that it’s ERN DISTRICT OF OHIO ter the steer in order to provide food ever proper for judges to indulge their own for those who might otherwise go hun- subjective sense of empathy in determining gry or perhaps be malnourished with- NOMINATION OF WILLIAM JOSEPH what the law means? out the sustenance that this steer’s Martinez Response: No. MARTINEZ TO BE UNITED flesh and hide could provide in terms of Let me end on this note. Bill Mar- STATES DISTRICT JUDGE FOR clothing and matters necessary for the tinez is a man of high character, he is THE DISTRICT OF COLORADO well-being of animals. a good man, and he will make an excel- The PRESIDING OFFICER. Under Basically, what I understand this to lent Federal judge. Let us vote to con- the previous order, the Senate will go be is that she is suggesting a court firm Bill Martinez to the Colorado U.S. into executive session to consider the should enter into some sort of bal- District Court. following two nominations, which the ancing test on whether it is legitimate Mr. President, I yield the floor. clerk will report. The PRESIDING OFFICER (Mr. to slaughter a steer, and also she is a The legislative clerk read the nomi- member of the ALDF, the defense of BEGICH). Under the previous order, the nation of Benita Y. Pearson, of Ohio, to second-degree amendment is with- animals group, that is very extreme in be United States District Judge for the drawn. The question is on agreeing to its views. Northern District of Ohio. For that reason, the National Cattle- the motion to concur. The legislative clerk read the nomi- Mr. UDALL of Colorado. Mr. Presi- man’s Beef Association and the Farm nation of William Joseph Martinez, of dent, I ask for the yeas and nays. Animal Welfare Coalition strongly op- The PRESIDING OFFICER. The yeas Colorado, to be United States District pose the nomination. I think her views and nays have been ordered. Judge for the District of Colorado. on this issue are out of the main- The clerk will call the roll. Who yields time? The Senator from stream. The bill clerk called the roll. Alabama. I yield the floor and reserve the re- Mr. DURBIN. I announce that the Mr. SESSIONS. Mr. President, is mainder of my time. Senator from Indiana (Mr. BAYH) and there an agreement as to the time? The PRESIDING OFFICER. The Sen- the Senator from Oregon (Mr. WYDEN) The PRESIDING OFFICER. There is ator from Vermont. are necessarily absent. 8 minutes total, 4 minutes on each side Mr. LEAHY. Mr. President, President Mr. KYL. The following Senators are on both nominations in combination. Obama nominated William J. Martinez necessarily absent: the Senator from Mr. SESSIONS. Mr. President, I to fill a judicial emergency vacancy on Kansas (Mr. BROWNBACK), the Senator would assume the chairman, who will the District of Colorado last February. from New Hampshire (Mr. GREGG), and be speaking in favor, would want to go Mr. Martinez is a well-respected legal the Senator from Missouri (Mr. BOND). first, and I yield to Senator LEAHY. practitioner in Denver who has the The PRESIDING OFFICER. Are there Mr. LEAHY. No, go ahead. strong support of both of his home any other Senators in the Chamber de- The PRESIDING OFFICER. The Sen- State Senators. The statements earlier siring to vote? ator from Alabama. today from Senator UDALL and Senator

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10886 CONGRESSIONAL RECORD — SENATE December 21, 2010 BENNET were compelling. They have firmed within days of being reported. troversy by unanimous consent. Some can- been steadfast, forthright and exceed- In addition, 15 nominations ready for didates have been named to judgeships whose ingly patient. I wholeheartedly agree final action are to fill judicial emer- vacancies have been designated as ‘‘judicial gency vacancies. With judicial vacan- emergencies’’ by the Judicial Conference, be- with them that Bill Martinez should cause of their high caseloads and the signifi- now, at long last, be confirmed. When cies at historic highs, we should act on cant periods of time that these judgeships he is, he will become only the second these nominations. During President have remained unfilled. Hispanic to serve Colorado as a district Bush’s first 2 years in office, the Sen- We believe that all judicial nominees ap- court judge. ate proceeded to votes on all 100 judi- proved by the Senate Judiciary Committee The Judiciary Committee favorably cial nominations favorably reported by are deserving of a prompt up-or-down floor reported his nomination over 8 months the Judiciary Committee. That in- vote. Thank you for taking the time to con- cluded controversial circuit court sider our views on this issue and for your ago, on April 15. It has been delayed leadership. ever since. In May we received a letter nominations reported during the lame- Sincerely, from the chief judge of the District of duck session after the election in 2002. JOHN E. NORDIN, II, Colorado, Judge Wiley Y. Daniel, urg- In contrast, during the first 2 years of Vice President for Membership, ing us to confirm Mr. Martinez because President Obama’s administration, the and Operations. without additional judges ‘‘it is impos- Senate has considered just 55 of the 80 Mr. LEAHY. Mr. President, today, sible for the court to possess the judi- judicial nominations reported by the the Senate is finally considering a judi- cial resources that are necessary to ef- Judiciary Committee. cial nomination that has been stalled fectively discharge the business of the Adding to the letters we have re- since February on the Executive Cal- court.’’ Despite that plea from the ceived recently urging us to take ac- endar. The nomination of Benita Y. chief judge of the district, the Senate tion to fill vacancies is one sent this Pearson to serve on the Northern Dis- has not been allowed to consider this week to the Senate leaders by the Na- trict of Ohio was reported favorably by nomination until today. tional Association of Assistant United the Judiciary Committee more than 10 This is another example of the unnec- States Attorneys, a group of career months ago. Judge Pearson is cur- essary delays that have led to a judi- prosecutors. John E. Nordin, vice presi- rently a Federal magistrate judge on cial vacancies crisis throughout the dent for membership and operations, the court to which she is nominated. country. Judicial vacancies have sky- writes: When confirmed, she will become the rocketed to over 100 while nominations Judicial vacancies in our federal courts are first African-American woman to serve are forced to languish without final reaching historic highs. Our members—ca- as a Federal judge in Ohio. reer federal prosecutors who appear daily in Senate action. In fact, President I have reviewed the record and con- federal courts across the nation—are con- sidered the character, background and Obama’s nominees have been forced to cerned by the increasing number of vacan- wait on average six times longer to be cies on the federal bench. These vacancies qualifications of the nominee and join considered than President Bush’s judi- increasingly are contributing to greater with the Senators from Ohio, one a cial nominees reported by the Judici- caseloads and workload burdens upon the re- Democrat and the other a Republican, ary Committee during the first 2 years maining federal judges. Our federal courts in supporting this nominee. Frankly, of his Presidency. cannot function effectively when judicial va- the opposition is a dramatic departure I still do not understand why this cancies restrain the ability to render swift from the traditional practice of consid- and sure justice. nomination was subjected to a party- ering district court nominations with line vote before the Judiciary Com- I ask unanimous consent that this deference to the home State Senators mittee. I recall all the Bush nominees letter be printed in the RECORD. It con- that know the nominees and their dis- who were members of the Federalist cludes, ‘‘[w]e believe that all judicial tricts best. I commend Senator BROWN Society and other conservative litiga- nominees approved by the Senate Judi- on his statement in support of the tion centers who were confirmed just a ciary Committee are deserving of a nomination today. As he noted, he few years ago. Can it be that some are prompt up-or-down floor vote.’’ I agree worked closely with Senator seeking to apply a conservative activ- with these career Federal prosecutors VOINOVICH, the Republican Senator ist ideological litmus test and discount who understand the vital importance of from his State and a judicial screening Mr. Martinez’ qualifications and work functioning courts and rely on them commission in making this rec- experience? every day. It is time for the Senate to ommendation to the President. Our ranking Republican Senator, act on the dozens of judicial nominees The obstruction of these district that have been stalled from final con- Senator SESSIONS, reflected on the con- court nominations is unprecedented, a firmation process last year, saying: sideration before we adjourn. sign that a different standard is being There being no objection, the mate- applied to President Obama’s nominees What I found was that charges come flying rial was ordered to be printed in the in from right and left that are unsupported that has never before been applied to and false. It’s very, very difficult for a nomi- RECORD, as follows: the nominees of any President, Demo- nee to push back. So I think we have a high NATIONAL ASSOCIATION OF cratic or Republican. Out of the 2,100 responsibility to base any criticisms that we ASSISTANT UNITED STATES ATTORNEYS, district court nominees reported by the have on a fair and honest statement of the Lake Ridge, VA, December 17, 2010. Judiciary Committee since 1945, only facts and that nominees should not be sub- Hon. HARRY REID, five have been reported by party-line jected to distortions of their record. Majority Leader, U.S. Senate, The Capitol, Washington, DC. votes. Four of these party-line votes I listened closely to the Senator’s Hon. MITCH MCCONNELL, have been in this Congress, including statement against Mr. Martinez but Minority Leader, U.S. Senate, The Capitol, the two of the nominations we consider heard nothing about anything Mr. Mar- Washington, DC. today. In fact only 19 of those 2,100 tinez had done or even any position DEAR MAJORITY LEADER REID AND MINOR- nominees were reported by any type of taken by the Colorado ACLU in which ITY LEADER MCCONNELL: Judicial vacancies split rollcall vote at all, but five of Mr. Martinez was involved. There was in our federal courts are reaching historic them—more than 25 percent of the highs. Our members—career federal prosecu- nothing on which to base opposition to total—have been this Congress. this qualified nominee. Certainly not tors who daily appear in federal courts across the nation—are concerned by the in- The party-line vote against this nom- the ‘‘gotcha’’ questions he was asked creasing numbers of vacancies on the federal ination in the Judiciary Committee months ago. bench. These vacancies increasingly are con- was without explanation. Judge Pear- More than two dozen Federal circuit tributing to greater caseloads and workload son has been a Federal judge mag- and district court nominations favor- burdens upon the remaining federal judges. istrate for 8 years and a prosecutor be- ably reported by the Judiciary Com- Our federal courts cannot function effec- fore that. Nothing in her professional mittee still await a final Senate vote. tively when judicial vacancies restrain the background justifies the delay or oppo- These include 17 nominations reported ability to render swift and sure justice. As you know, thirty-eight judicial can- sition to this nomination. unanimously and another 2 reported didates have been approved by the Senate At her hearing, there were some who with strong bipartisan support and Judiciary Committee and await a Senate tried to make a mountain out of a mole only a small number of no votes. These floor vote. A large number of these can- hill with respect to a statement she nominations should have been con- didates have been approved without con- made about animals. I just worked

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10887 with Senator KYL and Senator Mr. UDALL of Colorado. I rise to sup- The clerk will call the roll. MERKLEY on a constitutional, legal port the nomination of Bill Martinez. The legislative clerk called the roll. prohibition against vicious videos that Senator LEAHY made the case for his Mr. DURBIN. I announce that the show animals being crushed. That bill nomination and for him to be con- Senator for Indiana (Mr. BAYH), and passed unanimously. No Senators firmed. I have great affection for my the Senator from Oregon (Mr. WYDEN) thought twice about approving that friend from Alabama, but I want to set are necessarily absent. important legislation. I remember a the record clear that Bill Martinez did Mr. KYL. The following Senators are couple of years ago when a famous pro- not work for the ACLU, he advised the necessarily absent: the Senator from fessional football player went to prison ACLU. If we are going to raise that Kansas (Mr. BROWNBACK), the Senator for his participation in a dog fighting standard and change the rules, then we from New Hampshire (Mr. GREGG), and ring. Many Americans were outraged ought to remember that the Bush the Senator from Missouri (Mr. BOND). by those activities and no Senator nominations often included Federalist The PRESIDING OFFICER. Are there questioned the State and Federal laws Society members and contributors. any other Senators in the Chamber de- against such activities. Are those who We ought to be careful about setting siring to vote? oppose this nomination also now op- false standards. Bill Martinez was rec- The result was announced—yeas 56, posed to the Humane Society of the ommended by a bipartisan nominating nays 39, as follows: United States and to the legislative ac- commission that Senator BENNET and I [Rollcall Vote No. 290 Ex.] tions we took since they involved ani- created. He is a good man. His story is YEAS—56 mals? a quintessential American story. He Akaka Gillibrand Murray I join the Senators from Ohio in urg- will be an excellent judge. I urge us all Baucus Hagan Nelson (FL) ing the Senate to confirm Judge Pear- to vote for his confirmation today. Begich Harkin Pryor son without further delay. Bennet Inouye Reed I yield the floor. Bingaman Johnson The PRESIDING OFFICER. The Sen- Reid The PRESIDING OFFICER. The Sen- Boxer Kerry Rockefeller ator from Ohio. ator from Alabama. Brown (OH) Klobuchar Sanders Mr. BROWN of Ohio. Mr. President, Cantwell Kohl Schumer Mr. SESSIONS. How much time is re- Cardin Landrieu there has been concern, as the chair- Shaheen maining on this side? Carper Lautenberg Specter man pointed out and the ranking mem- Casey Leahy The PRESIDING OFFICER. The Sen- Stabenow ber pointed out, on Benita Pearson’s ator has 1 minute 5 seconds. Conrad Levin views on animal law. With all due re- Coons Lieberman Tester Mr. SESSIONS. Mr. President, Mr. Udall (CO) spect to my colleague, you know it is a Dodd Lincoln Martinez, I know, has a lot of good sup- Dorgan Manchin Udall (NM) red herring. If you look at the record of porters and friends, as I have noted. Durbin McCaskill Voinovich Warner Ohio’s Northern District, which goes But he did refuse to answer a simple Feingold Menendez back to 1839, there has been exactly Feinstein Merkley Webb question of whether the U.S. Constitu- Franken Mikulski Whitehouse one case on animal welfare. Some 20 tion prohibits the death penalty, which NAYS—39 years ago, the Cleveland Zoo was sued I believe the ACLU, of which he was a to stop the transfer of Timmy the go- member and a member of the legal Alexander DeMint Lugar rilla to the Bronx Zoo—I am not mak- Barrasso Ensign McCain panel, definitely favored. Bennett Enzi McConnell ing this up—from transferring Timmy I do believe Judge Pearson’s view Brown (MA) Graham Murkowski the Gorilla to the Bronx Zoo for mat- that somehow there should be a bal- Bunning Grassley Nelson (NE) Burr Hatch Risch ing purposes. The case was dismissed. ancing test about whether we should One case in 170 years. Chambliss Hutchison Roberts actually slaughter a steer based on the Coburn Inhofe Sessions Judge Pearson is qualified, say the need for food or hide is an extreme Cochran Isakson Shelby two former presiding judges, Chief Collins Johanns Snowe view also. Corker Kirk Thune Judges Carr and White, and the sitting We have had about 15 members of the presiding judge, Judge Oliver from the Cornyn Kyl Vitter ACLU confirmed by this administra- Crapo LeMieux Wicker Northern District—a combined 50 tion. But we expect this President to NOT VOTING—5 years’ experience on the district court. submit mainstream judges. The ACLU Judge James Carr, the Chief U.S. Dis- Bayh Brownback Wyden is not mainstream in its positions. I do trict Judge at the time of her nomina- Bond Gregg believe the administration needs to un- tion, lauded Judge Pearson as ‘‘a splen- The nomination was confirmed. derstand that this is going to be a more did choice . . . eminently well-qualified The PRESIDING OFFICER. The contentious matter if we keep seeing by intelligence, experience . . . and ju- question is, Will the Senate advise and the ACLU chromosome as part of this dicial temperament.’’ His successor, consent to the nomination of William process. Chief Judge Solomon Oliver, is just as Joseph Martinez, of Colorado, to be The PRESIDING OFFICER. The Sen- supportive of her nomination. U.S. District Judge for the District of So is former Chief Judge George ator’s time has expired. Colorado? White, who wrote that: The Senator from Vermont. Mr. VOINOVICH. I ask for the yeas Mr. LEAHY. Mr. President, I would Magistrate Judge Pearson’s record as a Ju- and nays. dicial Officer and her litigation and business like nothing better than to vote on the The PRESIDING OFFICER. Is there a experience do more than idly suggest her judges. We have a number of them who sufficient second? readiness to assume the position of District came out unanimously from the Senate There appears to be a sufficient sec- Court Judge. Taken all together, you will be Judiciary Committee. My friends from ond. hard-pressed to find a more suitable can- the other side are not even allowing The clerk will call the roll. didate. votes on them. The assistant legislative clerk called Mr. BROWN of Ohio. These judges We did not do that to President Bush the roll. have made glowing reports on Judge in his first 2 years. Mr. DURBIN. I announce that the Benita Pearson, who has been a mag- The PRESIDING OFFICER. The Sen- Senator from Indiana (Mr. BAYH) and istrate, a CPA, practiced privately, ator’s time has expired. the Senator from Oregon (Mr. WYDEN) worked for the U.S. Attorney’s Office. The question is, Will the Senate ad- are necessarily absent. She will be the first African-American vise and consent to the nomination of Mr. KYL. The following Senators are woman to sit on the Federal bench in Benita Y. Pearson, of Ohio, to be necessarily absent: the Senator from Ohio. She has been supported by Sen- United States District Judge for the Kansas (Mr. BROWNBACK), the Senator ator VOINOVICH and a bipartisan com- Northern District of Ohio? from New Hampshire (Mr. GREGG), and mission of 17 lawyers who picked her. Mr. SESSIONS. Mr. President, I ask the Senator from Missouri (Mr. BOND). She is a great choice. I ask the concur- for the yeas and nays. The PRESIDING OFFICER. Are there rence of my colleagues. I yield to Sen- The PRESIDING OFFICER. Is there a any other Senators in the Chamber de- ator UDALL. sufficient second? siring to vote? The PRESIDING OFFICER. The Sen- There appears to be a sufficient sec- The result was announced—yeas 58, ator from Colorado. ond. nays 37, as follows:

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10888 CONGRESSIONAL RECORD — SENATE December 21, 2010 [Rollcall Vote No. 291 Ex.] CLOTURE MOTION Who yields time? YEAS—58 We, the undersigned Senators, in accord- The Senator from Idaho. Akaka Franken Murray ance with the provisions of rule XXII of the PREDATOR WOLVES Baucus Gillibrand Nelson (NE) Standing Rules of the Senate, hereby move Mr. CRAPO. Madam President, I wish Begich Hagan Nelson (FL) to bring to a close debate on Treaties Cal- to rise to speak about an issue that has Bennet Harkin endar No. 7, Treaty Document No. 111–5, the Pryor been at the center of debate in the Bingaman Inouye Reed START treaty. Boxer Johnson Reid northern Rockies for quite some time; Brown (MA) Kerry Harry Reid, Joseph I. Lieberman, John Rockefeller D. Rockefeller, IV, Byron L. Dorgan, that is, the issue of the wolf. The wolf Brown (OH) Klobuchar Sanders Cantwell Kohl John F. Kerry, Sheldon Whitehouse, was introduced into the northern Schumer Cardin Landrieu Rockies in the 1990s and has flourished. Shaheen Mark L. Pryor, Jack Reed, Robert Carper Lautenberg Menendez, Mark Begich, Benjamin L. Wolves are now abundant in the region, Casey Leahy Specter Stabenow Cardin, Kent Conrad, Bill Nelson, Amy but, unfortunately, we have not been Collins Levin Klobuchar, Patty Murray, Barbara A. Conrad Lieberman Tester able to return the management of the Coons Lincoln Udall (CO) Mikulski, Christopher J. Dodd, Richard wolves to the State, mostly due to liti- Dodd Manchin Udall (NM) G. Lugar. gation and to the inflexibility of the Dorgan McCaskill Warner The PRESIDING OFFICER. By unan- Durbin Menendez Webb Endangered Species Act. In the mean- Feingold Merkley Whitehouse imous consent, the mandatory quorum time, wolf populations are growing at a Feinstein Mikulski call has been waived. rate of about 20 percent a year, result- The question is, Is it the sense of the NAYS—37 ing in substantial harm to our big Senate that debate on Treaty Docu- game herds and domestic livestock. Alexander Enzi McConnell ment No. 111–5, the New START treaty, Barrasso Graham Murkowski Whenever I am back in Idaho, I hear Bennett Grassley Risch shall be brought to a close? from hunters who are angry their fa- Bunning Hatch Roberts The yeas and nays are mandatory vorite hunting spots are no longer rich Burr Hutchison Sessions under the rule. with elk and deer or from sheep and Chambliss Inhofe Shelby The clerk will call the roll. Coburn Isakson cattle ranchers who have lost many a Snowe The legislative clerk called the roll. Cochran Johanns Thune head of cattle or sheep due to the wolf Corker Kirk Mr. DURBIN. I announce that the Vitter predation. Cornyn Kyl Voinovich Senator from Indiana (Mr. BAYH) and Crapo LeMieux The State of Idaho has done every- Wicker the Senator from Oregon (Mr. WYDEN) DeMint Lugar thing it has been asked to do in order Ensign McCain are necessarily absent. to manage wolves, and we continue to Mr. KYL. The following Senators are NOT VOTING—5 be denied that much needed oppor- necessarily absent: the Senator from tunity. As such, it is time for Congress Bayh Brownback Wyden Missouri (Mr. BOND), the Senator from Bond Gregg to act. Kansas (Mr. BROWNBACK), and the Sen- I intend to make a unanimous con- The nomination was confirmed. ator from New Hampshire (Mr. GREGG). sent request in a few moments. First, I The PRESIDING OFFICER. Under The PRESIDING OFFICER (Mrs. yield a few moments to my colleague the previous order, the motions to re- ILLIBRAND G ). Are there any other Sen- from Idaho, Senator RISCH. consider are considered made and laid ators in the Chamber desiring to vote? Mr. RISCH. Madam President, I join upon the table, and the President will The yeas and nays resulted—yeas 67, my colleague from Idaho in under- be immediately notified of the Senate’s nays 28, as follows: scoring the difficulty we have on this action. [Rollcall Vote No. 292 Ex.] issue. Most people on this floor don’t f YEAS—67 have a full appreciation of what those TREATY WITH RUSSIA ON MEAS- Akaka Feinstein Murkowski of us in the West have to deal with. Alexander Franken Murray Two out of every three acres in Idaho URES FOR FURTHER REDUCTION Baucus Gillibrand Nelson (NE) AND LIMITATION OF STRATEGIC Begich Hagan Nelson (FL) are owned by the Federal Government. OFFENSIVE ARMS—Resumed Bennet Harkin Pryor The Federal Government came in, in Bennett Inouye Reed the mid-1990s, and forced the wolf upon The PRESIDING OFFICER. The Bingaman Isakson Reid the State. The Governor didn’t want it, clerk will report the treaty. Boxer Johnson Rockefeller Brown (MA) Kerry the legislature didn’t want it, and the Sanders The assistant legislative clerk read Brown (OH) Klobuchar Schumer congressional delegation didn’t want as follows: Cantwell Kohl it. Nonetheless, the Federal Govern- Cardin Landrieu Shaheen Treaty with Russia on Measures for Fur- Snowe ment brought us 34 wolves. Now they ther Reduction and Limitation of Strategic Carper Lautenberg Casey Leahy Specter have turned into well over 1,000, and Offensive Arms. Cochran Levin Stabenow nobody knows exactly how many Pending: Collins Lieberman Tester Conrad Lincoln Udall (CO) breeding pairs there are. The result is Corker modified amendment No. 4904, to Coons Lugar Udall (NM) that there has been tremendous havoc provide a condition and an additional ele- Corker Manchin Voinovich wreaked on our preferred species in ment of the understanding regarding the ef- Dodd McCaskill Warner Idaho, the elk. We have done an out- Dorgan Menendez fectiveness and viability of the New START Webb standing job of managing elk, the pre- Treaty and United States missile defenses. Durbin Merkley Whitehouse Feingold Mikulski ferred species, but they are also the The PRESIDING OFFICER. There NAYS—28 preferred species for the wolf to eat. will now be 4 minutes of debate equally They are not vegetarians. Barrasso Graham McConnell divided and controlled between the two As a result, we have had a tremen- leaders or their designees. Bunning Grassley Risch Burr Hatch Roberts dous problem with wolves in Idaho, and Who yields time? Chambliss Hutchison Sessions we have brought a bill to the Senate to The Senator from Massachusetts. Coburn Inhofe Shelby turn the management of wolves over to Mr. KERRY. Mr. President, I believe Cornyn Johanns Thune Crapo Kirk the State. All the other animals are the Senator from Arizona is prepared Vitter DeMint Kyl Wicker managed by the State. We have done a to yield back time, and I will also yield Ensign LeMieux great job for well over 100 years of Enzi McCain back time. managing two other difficult predators, CLOTURE MOTION NOT VOTING—5 the bear and various cats. We have The PRESIDING OFFICER. Having Bayh Brownback Wyden done it responsibly, on a sustained all time yielded back, pursuant to rule Bond Gregg basis, and we want to do the same XXII, the Chair lays before the Senate The PRESIDING OFFICER. On this thing with wolves. the pending cloture motion, which the vote, the yeas are 67, the nays are 28. The Federal Government has to let clerk will state. Three-fifths of the Senators duly cho- go of this. We have tried. We have the The assistant legislative clerk read sen and sworn having voted in the af- Federal courts that have stepped in. I as follows: firmative, the motion is agreed to. don’t quite understand how the Federal

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10889 court can claim the wolf is still an en- Mr. CRAPO. Madam President, I ap- necessary, to try to find our way to dangered species, when they can turn preciate the comments of my colleague that solution. I appreciate the willing- 34 wolves into over 1,000 and the popu- from Maryland and I appreciate work- ness of both Senators to work with us lation has exploded. Nonetheless, they ing with him on the committee and I in trying to find that compromise that have. It is time for Congress to act. intend to continue working with him. will work. I yield back to Senator CRAPO. This is an issue of utmost importance The PRESIDING OFFICER. The Sen- Mr. CRAPO. Madam President, I will in those States in this region of the ator from Texas is recognized. make this request on behalf of myself, United States. The longer we wait to FCC VOTE ON INTERNET REGULATION Senator RISCH, and the Senators from resolve this issue, the more difficult it Mrs. HUTCHISON. Madam President, Utah, Mr. HATCH and Mr. BENNETT, and will be. Cooperation is the key in order I know the subject we are on now is the the Senators from Wyoming, Mr. ENZI for us to get this resolution accom- New START Treaty. It is a very impor- and Mr. BARRASSO. plished. tant subject. I appreciate so much all I ask unanimous consent that the I thank the Chair. I yield the floor. the debate we have had. I hope we will Committee on Environment and Public Mr. BAUCUS. Madam President, I be able to go forward and allow people Works be discharged from further con- say to all my friends, it is imperative to have amendments within this time sideration of S. 3919, and that the Sen- we work together to find a com- because it is a huge issue for our coun- ate proceed to its immediate consider- promise. As both Senators from Idaho try. ation; that the bill be read the third know, you and other Senators have I wish to speak on a different subject time and passed; that the motions to been working on a compromise. Under right now because it is so timely. reconsider be laid upon the table, and that compromise, Idaho could have a Today, the Federal Communications that any statements relating to the wolf hunt, as they should. The State of Commission voted 3 to 2 to impose new measure be printed in the RECORD, as if Montana could have a wolf hunt, as regulations on the Internet. This is an read. Montana should. Northern Utah could. unprecedented power grab by the The PRESIDING OFFICER. Is there All wolves in Utah would be off the en- unelected members of the Federal objection? dangered species list. I and others have Communications Commission, spear- Mr. CARDIN. Madam President, re- suggested that wolves in northern Utah headed by its chairman. serving the right to object, and I do in- be totally off the endangered species The FCC is attempting to push exces- tend to object, first, let me point out list. This proposal we have been work- sive government regulation of the to Senator CRAPO, he and I have ing on—you, myself, and others, in- Internet through without congres- worked together on the Water and cluding Secretary Salazar and the As- sional authority. These actions threat- Wildlife Committee and the Environ- en the very future of this incredible ment and Public Works Committee. I sistant Secretary of the Interior, Fish and Wildlife Services, a short time ago, technology. The FCC pursuit of Net think we have had a fine relationship neutrality regulations involves claim- all agreed we should allow wolf hunts over the past couple years, and we have ing authority under the Communica- in all the States I mentioned. Yet I worked together on a series of bills tions Act that they do not have. Con- have to be honest, your side of the aisle that I think will improve water and gress did not provide the FCC author- has objected to that. You are not com- wildlife in this Nation. This legislation ity to regulate how Internet service ing up with a total abolition, taking has not had a hearing and has not been providers manage their network, not the wolf out of the Endangered Species approved by the Environment and Pub- anywhere in the Communications Act Act. That is a solution that will not lic Works Committee. It deals with un- nor any other statute administered by pass. We need a compromise. dermining one of the most important the Commission. I end where I began. I strongly urge laws in our country, the Endangered Adopting and imposing Net neu- Senators, next year, to keep working Species Act. That is one of our most trality regulations is, in effect, legis- important environmental laws and has on a compromise. This is not going to lating. It takes away the appropriate protected iconic species such as the work when the House passes a bill that role of Congress in determining the bald eagle. The act has long enjoyed bi- totally takes the wolf off the Endan- proper regulatory framework for the partisan support. President Nixon gered Species list, which I know is the fastest growing sector of our economy. signed the ESA into law on December game plan. If that happens, we are The real-world impact of the FCC’s ac- 28, 1973. back into the soup again. Let’s find a tion today is that it will be litigated. It This bill attempts to solve politically solution and compromise that achieves will take 18 months to 2 years to sort what should be done by good science. the results we all want. It is within our through the briefings and the court de- Despite many disagreements in the reach. It is right there. Because of this cisions, and it will probably go to the more than three decades of the ESA, interchange, we will not get it done Supreme Court of the United States. In there has never been a removal of a this year. Our States desperately need the meantime, capital investment will species by Congress. Also, there have a solution. That proposal was the solu- slow in core communications networks, been efforts made to work out a rea- tion. It was a compromise that and I cannot think of a worse possible sonable compromise as it relates to the achieved the results intended. I very time for that, as we attempt to create wolf. It is my understanding that it has much hope we can find a compromise jobs and fuel a recovery from the most been blocked on the Republican side in to resolve this. significant recession in years. trying to get that compromise brought Mr. CRAPO. Madam President, the Elected representatives should deter- forward. compromise the Senator from Montana mine if regulation is necessary in this I will make one more suggestion to refers to—and he is correct, we have area. Hearings would bring opposing my friend, Senator CRAPO. As you been intensely working on this issue to parties to the table, and the process know, the work product of our sub- find a compromise with the adminis- would be open. Instead, an unelected committee, along with other bills in tration and the affected States. The and unaccountable group of regulators the Environment and Public Works compromise he refers to would have re- are creating new authority to inter- Committee, and some lands bills have quired a change in the management of vene in an area that represents one- been combined into one bill, Calendar the wolf in Idaho that was unaccept- sixth of the Nation’s economy. No. 30, S. 3003. I encourage the Senator able to the Governor in Idaho and oth- I wish to go through a few of the spe- to look at that package. If we can get ers, including myself and Senator cific provisions in this FCC order. The consent to include a compromise on RISCH. Although there was a proposal first one is an order to require the gray wolf, we would be willing to made, it is not correct that it was ap- broadband providers, such as Comcast try to get it done in the remaining proved by everybody. I believe, though, and AT&T, to allow subscribers to send hours of this session. I offer that to my we are making progress. and receive any lawful Internet traffic, friend. I am willing to work with the Sen- to go where they want, say what they Madam President, in its current ator from Montana and the Senator want, to use any nonharmful online de- form, I do object. from Maryland and others to try not vices or applications they want to use. The PRESIDING OFFICER. The Sen- only to find further progress at this These principles are widely sup- ator from Idaho has the floor. late date in this session or next year, if ported. I don’t object and neither

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10890 CONGRESSIONAL RECORD — SENATE December 21, 2010 would probably anyone. However, these the competitive advantage from some- munications markets. The threat that principles are already in use. We don’t thing new, they have to now expose it the Commission might later apply the need a big regulatory intervention to to all of their competitors by going wireline prohibitions it has ordered accomplish these principles. It is the through a regulatory adjudication at today to this wireless marketplace is a rest of the order that is diametrically the FCC. major concern. opposed to this statement of openness Let me give an example of what I commend the two members of the and freedom. It installs a government could happen. Commission who dissented in the vote arbiter to force their idea of freedom A hospital might want to work with today—Rob McDowell and Meredith on the users of the Internet and on the a provider, such as Verizon, to offer a Atwell Baker. They each did op-eds, companies that are trying to make the new telemedicine service for Verizon one in the Wall Street Journal and one Internet the economic engine of Amer- subscribers that allows patients at in the Washington Post. I would say ica. home to interact with their doctors via the common theme is that this is a so- The first provision that deals with high-definition video and uninterrup- lution where there is no problem. We this is that networks must be trans- tible remote medical monitoring. have an open Internet. We have an parent. It says networks must be trans- In order to do this, Verizon might Internet that is working. It does not parent about how they manage their have to prioritize that telemedicine need the heavy hand of government. It networks, i.e., decisions about engi- traffic ahead of regular Internet traffic does not need a government prism neering, traffic routing, and quality of to ensure the appropriate quality of through which to determine if the service. Transparency requirements service, particularly if there is a life- Internet providers are doing an allow- usually translate to reporting and con- threatening situation. able service. We have a marketplace, sumer disclosure requirements that are The FCC order allows the Commis- and the marketplace is working. heavily prescribed and expensive to sion to determine on a case-by-case This is a time for Congress to take a comply with, and the possible disclo- basis whether such prioritization is ac- stand. These regulations will raise un- sure of proprietary information could tually unreasonable discrimination be- certainty about the methods and prac- affect competition. The real-world im- cause presumably the hospital that is tices communications companies may pact of this is higher costs to con- offering the service would be giving use to manage their networks. Heavy- sumers. The Commission will increase better treatment for that telemedicine handed regulation threatens invest- regulatory reporting and consumer dis- traffic than the user’s regular traffic. ment and innovation in broadband closure requirements as a result of this Going through a whole regulatory services, placing valuable American provision, and the cost will be passed process in order to offer that service is jobs at risk. Why would this be happening in a re- along to, of course, the consumers in a burden we do not need and that will cession where we are trying to increase the form of more expensive services. stifle the innovation that has been a jobs, where we are trying to stop the The second provision is that you may hallmark of the Internet, which led to trajectory of unemployment in our not unreasonably discriminate. The the explosion of opportunities there. The Commission says it wants inno- country? FCC’s order states that providers may We need to lay off, and it is time for not unreasonably discriminate against vation to occur, but the language of the order clearly discourages innova- Congress to take a stand. Individuals lawful Internet traffic. That sounds and businesses alike are rightfully con- tion by forcing companies to pass fine. But the devil is in the details. The cerned about government attempts to through a government regulatory turn- term is vaguely defined in the order, seize control of the Internet. Senator and how the FCC interprets and en- stile to determine whether a particular ENSIGN, who is the ranking member of service, an innovative service, some- forces what is unreasonable will deter- a Commerce subcommittee—I am the thing new that might be a competitive mine how limiting this restriction is. ranking member on the full Commerce advantage, something new for quality For instance, if a provider notices that Committee—together we are going to of life, should be allowed. This puts the a small number of users are sharing submit a resolution of disapproval FCC in the position of picking winners huge files that are leading to conges- under the Congressional Review Act in and losers among the new innovative tion on the network and determines an effort to overturn this troubling that slowing down those connections services, and it certainly slows down regulatory overreach by the FCC. It is would relieve the congestion for the the opportunity to have new things time for Congress to say we have not majority of other users, the FCC would coming on the market in what is usu- delegated this authority to the FCC. have the right, under this order, to de- ally a fast-paced economic environ- The FCC tried to do this once before termine that such an action is unrea- ment. using another part of the Communica- sonable. In some cases, this may be enough to tions Act. They were struck down by The real-world impact is that this discourage providers from even enter- the courts. Now they have gone to a would diminish the company’s flexi- ing into the special arrangements nec- different interpretation in a different bility in managing their own services. essary to offer such services. It is a section of the act to try to gain the ca- The unreasonable discrimination provi- cumbersome process and, furthermore, pability to obstruct freedom on the sion could undermine the providers’ it is unnecessary. Internet. ability to manage their network and In another provision, the FCC order It is a huge and serious issue on guarantee all the users a high quality will treat wireless broadband services which I hope Congress will take the of service. Companies that build and more lightly than wireline broadband reins and say to the FCC: If we need maintain the networks that make up services, at least for now. The FCC re- regulation in this area, Congress will the Internet need the flexibility to serves rights in this order, which are do it. manage the exploding demand for serv- taken without congressional authority, We are elected. We are accountable. ices on their network. in my opinion—and certainly the People can vote what they believe is Regrettably, the FCC’s order curtails courts will litigate that and make its the right approach by what we do. The that by establishing that the FCC decisions—the FCC reserves the right FCC is not accountable to the people of would be an approval portal that com- to regulate wireless just as harshly in our country. Yes, they are accountable panies would have to pass through to the future as they are now attempting to the President and the votes for to- manage their day-to-day operations. to regulate wireline. For now, wireless day’s order were from Presidential ap- Surely, there is a better way. providers will have more leeway to in- pointees of this administration. It is The next provision requires that novate and to manage their networks. another big government intervention broadband providers must justify new But how much investment are they where we do not need to suppress inno- specialized services. Under the FCC or- going to make for the long term if they vation. ders, providers would now have to come do not know what the FCC might fore- What we need is to embrace innova- to the FCC in order to offer consumers see in the future that needs fixing, tion so we can create jobs in this coun- a new service, something that would be even if it is not apparently broken. try with the freedom that has marked creative and innovative. Instead of of- The real world impact is that wire- the economic vitality of America for fering it to the marketplace and having less is the fastest growing area of com- over 200 years.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10891 We will have a resolution of dis- and that $1 billion they hope to apply and then we will be able to vote on the approval at the appropriate time in the to other ships the Navy needs in their ratification. I think that is good news next session of Congress. I look forward 313-ship Navy of the future. for the United States, for national se- to working with other Members of Con- Ashton Carter, the DOD’s acquisition curity. gress to take the reins on this issue. It executive, said: I think each Member of the Senate is a congressional responsibility. The U.S. Navy’s recent decision to buy wants to do what is right for our na- I yield the floor. both classes of Littoral Combat Ship due to tional security. And I wish to empha- The PRESIDING OFFICER. The Sen- lower than expected bid prices is an example size the point that whenever I look at ator from Maryland. of what good competition can do. a national security issue, I want to get Mr. CARDIN. Madam President, I un- It was a competitive bid. I think the the best advice I can from the experts— derstand Senator SESSIONS is on the Navy may have made a mistake in not from our military experts, from our ex- floor and wishes to speak. I ask unani- allowing more benefit to the bidders perts who are charged with making mous consent that the Chair recognize based on how valuable the ship was, sure we have the best intelligence to Senator SESSIONS, and after Senator the total value, but they made it a rig- protect the security of America, from SESSIONS, recognize myself and then orous cost competition and apparently our diplomatic experts, who under- Senator SHAHEEN, so we stay in order, got very good bids. The average bids stand the ramifications of what we do if that is agreeable. were, as I said, $450 million. here and around the world in other Mr. SESSIONS. It is agreeable to me. The Chief of Naval Operations, ADM areas of concern for national security. The PRESIDING OFFICER. Without Gary Roughead, on December 14—a few I would say it is unanimous that the objection, it is so ordered. days ago—testified before the Armed experts are telling us it is in the secu- The Senator from Alabama. Services Committee. He said: rity interests of the United States to Mr. SESSIONS. Madam President, I I think the two different types [of ships] ratify the New START treaty. wish to take a brief moment to express give us a certain amount of flexibility, Mr. SESSIONS. Madam President, my pleasure in the fact that the con- versatility that one would not, and as I would the Senator yield for a moment? tinuing resolution that passed and will talked earlier about this ability to mix the Mr. CARDIN. I will be glad to yield. now be going to the House had within capabilities of a force that we put in there. Mr. SESSIONS. Madam President, I it a provision to allow the Navy to This may have been when I asked a want to make a 1-minute comment award the littoral combat ship com- question about it at that same hearing. about a Navy fellow who has been in petition to two of the bidders. It took He said: my office. I am reluctant to interrupt, a bit of a modification of the procedure I . . . believe that the designs of the ships but the Senator is so eloquent, I know to allow them to do that. It is a prod- and the flexibility of the ships . . . and also he can handle the interruption almost uct of good news. the cost of these ships open up potential of better than anybody else. At one point in the late nineties, I foreign military sales that would otherwise CDR Brent Breining has been as- chaired the Seapower Subcommittee of not be there. signed to my office for the year by the the Armed Services Committee. I have In other words, not only could we Navy. I hope it has been beneficial to been a member of it. I have seen the de- create jobs, perhaps 3,000 to 4,000 jobs him. I think it has been. It has cer- velopment of the littoral combat ship immediately, but many of our allies, tainly been beneficial to us on a host of concept. ADM Vern Clark determined with the approval of the Defense De- matters. He is a man of ability, of in- it was the future of the Navy. We ex- partment, might want to buy these tegrity and hard work, and he symbol- pect to have 55 of them in the fleet. ships for their fleets, and we would izes the kind of bright young men and They would be manned by only 40 sail- have the ability to export these prod- women we have so many of in our mili- ors. They would be high speed, able to ucts abroad. tary. I wanted to take this moment to travel in shallow waters, and be effec- Having been involved in seeing the express my appreciation for his fabu- tive for pirates or be effective for mine vision of the Navy over a decade plus lous service. sweeping and other activities of that and to see that finally come to fruition I thank the Chair, I yield the floor, nature. is good. One Navy official was quoted and I thank my colleague for letting The House put in this language. We in one of the major publications as say- me interrupt him. had a hearing in the committee a few ing the nature of these competitions is Mr. CARDIN. I am glad I yielded to days ago with Admiral Roughead and such there be a 100-percent chance of a Senator SESSIONS for that point be- Navy officials, Secretary of the Navy protest, whichever one won the bid, cause I do believe the fellows from the Mabus, and representatives from the and one reason is because the bid was military assigned to our offices are ex- CRS, GAO and CBO—those ABC agen- so close. We will avoid a protest and tremely valuable in our work. I was cies that evaluate these kinds of pro- will be able to move forward, get the fortunate to have CDR Andre Coleman posals—and it has moved forward. ships faster, lock in the lowest possible in my office from the Navy, and I can I thank Senator LEVIN for his leader- cost, clearly lower than what would be tell you that what I learned from his ship. I thank Senator INOUYE and Sen- otherwise, and maybe even be able to presence in my office was important to ator COCHRAN on our side and the save enough money to build an even me, and I think it really made me House leaders also who saw fit to sup- larger ship with it. much more informed when it came to port the Navy’s idea. It is not a plan I I thank my colleagues who worked decisions I have had to make in the suggested, but it is one I believe is on this issue. I believe it will be a good Senate. So this program is a very valu- good. thing. One of the ships will be built in able program. The good news is this was enabled by my hometown of Mobile, AL. I know I was pleased to yield to the Senator the fact that as a surprise, the bids on how excited the workers at the ship- so he could recognize the person in his the ships were very much below what yards will be to hear they will have office. He is from the Navy? He is a was anticipated. The legislation re- jobs in the future producing one of the Navy officer? quired that the bids come in under $480 finest, most modern warships in the Mr. SESSIONS. A Navy officer, yes. million per ship, and it looks as if history of the Navy. Mr. CARDIN. Navy officers are al- these bids are going to be at $450 mil- I yield the floor. ways the best, and coming from Mary- lion. By having both shipyards go for- The PRESIDING OFFICER. The Sen- land, where we have the Naval Acad- ward, the Navy gets a fixed price ator from Maryland. emy, we were pleased to provide some today. In other words, if aluminum Mr. CARDIN. Madam President, we help to the Senator from Alabama. goes up or electricity goes up, the ship- are now only hours away from when we If I can continue on the New START yards are going to eat it. We will bring will have a chance to vote on the ratifi- treaty, the real test here is the na- on both ships at the same time. cation of the New START treaty. The tional security of our Nation. When Not only that, but we would get 20 Senate has invoked cloture, so we are you listen to the advice given to us by ships total in this first tranche of ships in that 30-hour postcloture period. We our military experts, they tell us the rather than 19. In addition to that, the are now in a period where we need to ratification of New START will en- Navy scores that it will save $1 billion, consider some additional amendments, hance our national security. When you

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So there When you talk to the political experts, gives us the ability to continue to lead are some specific subject areas that are those who are charged with managing internationally not just on strategic not specifically dealt with. In some our foreign policy considerations arms reduction but on nonproliferation cases, the consolidations may not be around the world, they tell us the rati- issues. So for all those reasons, I would technically related. For example, Sen- fication of New START will help pro- urge my colleagues to vote for ratifica- ator LEMIEUX would like to add to one tect our national security interest. tion. of the amendments his language deal- The reason is that when you look at The PRESIDING OFFICER (Mr. BEN- ing with tactical weapons taken from this treaty and find out what is in this NET). The Senator from Massachusetts. his treaty amendment but to conform treaty that restricts what the United Mr. KERRY. I wish to thank the Sen- it to a resolution of ratification States can do and you look at the num- ator from Maryland for being a terrific amendment. So we may be even com- ber of deployed warheads and the num- member of the Foreign Relations Com- bining some subjects that don’t nec- ber of delivery vehicles we are per- mittee, and I thank both him and the essarily relate. mitted to have, our experts say those Senator from New Hampshire for their The object here is to cover as much numbers are clearly achievable for us help here on the floor this afternoon as ground as possible within a limited pe- without compromising whatsoever all we try to proceed on amendments as riod of time, and in order to do that we of our national security interests. That rapidly as possible for our colleagues will need everybody’s cooperation. Sen- is what they tell us. And these numbers and also try to negotiate a few of these ator KERRY and I will then—and Sen- were not developed by the political sys- amendments at the same time as the ator LUGAR, of course—primarily try to tem; they were developed by the mili- Senator from Arizona. make sure everybody gets heard who tary experts as to what is reasonable as Having discussed with the Senator wants to be heard. far as limitations on deployed war- from Arizona the path forward, I assure The PRESIDING OFFICER. The Sen- heads. ator from Massachusetts. When you look at the other restric- colleagues that both of us hear the pleas of our colleagues, and we are anx- Mr. KERRY. Mr. President, I am very tions—and we have heard a lot of de- grateful to the Senator from Arizona bate that we are restricted on other de- ious to try to move as rapidly as pos- sible. But in fairness to my colleague for his willingness to try to do exactly fense issues. There is nothing in this what we have just done, and I pledge to agreement that limits missile defense from Arizona, I also want to make cer- tain that he has an opportunity to have him that I will work as hard as possible issues. That is going to be a matter for on our side to rapidly move on these our national debate. It will be a mat- his amendments and that the other amendments are properly heard. amendments and to give them time. ter, in working with our allies, of ana- I would ask for the cooperation of To that end, I ask unanimous consent lyzing where our current risks come colleagues who want to speak on the that the following amendments be from. But we can make independent treaty as a whole, that they not do so deemed as pending from those amend- judgments, and we are not restricted at at the expense of being able to move an ments filed at the desk. These would be all by the New START treaty as to how amendment. So if colleagues would co- the amendments eligible for consider- we make those judgments. operate with us, we will certainly, in ation. I am not calling them up yet; I What is in this treaty is our ability between any activity on amendments, just want this to be a narrow list. to verify what the Russians are doing try to accommodate anyone who wants with their nuclear stockpile and what I apologize, Mr. President. I ask unanimous consent that these amend- to talk on the treaty. they are doing with their warheads and We are currently working staff to ments be in order: Kyl No. 4864; Kyl No. with their delivery systems. It allows staff and negotiating out these amend- 4892, as modified; Risch No. 4878; Risch us to have inspectors on the ground. ments, and on some it may be possible No. 4879; Ensign re rail-mobile; Wicker Since the end of last year, we have not to accept them. We will certainly try No. 4895; Kyl No. 4860, as modified; Kyl had inspectors on the ground. That is to avoid any rollcall votes, if possible. No. 4893; and McCain No. 4900. intelligence information that is ex- I know a number of colleagues have The PRESIDING OFFICER. Is there tremely valuable for us to have. You asked for some rollcalls on some objection? can’t substitute for that. Yes, we can amendments which may not be accept- get certain intelligence information Hearing no objection, it is so ordered. The Senator from Arizona. able. So with that understanding— from the assets we have, but having The PRESIDING OFFICER. The Sen- boots on the ground is critically impor- Mr. KYL. Mr. President, I wish to make a comment. For the benefit of ator from Arizona. tant to our national security. So with- Mr. KYL. If I can add, I understand Members, what we are trying to do is out the ratification of New START, we Senator SHAHEEN is in order to speak to identify those matters we need to do not have the inspectors on the next, and then Senator RISCH is avail- try to deal with in the 30 hours ground telling us, in fact, what Russia able to begin; am I not correct? postcloture on the START treaty. If is doing, inspecting the warheads, and Mr. KERRY. No, Senator SHAHEEN is inspecting their delivery systems. Members have amendments they need here managing together with the Sen- There is a third reason in addition to to deal with, I would appreciate it if ator from Maryland while we are nego- they would either communicate with it being important from the point of tiating. So Senator RISCH would be in view of what our experts are saying me or with Senator LUGAR’s staff or order to move on an amendment imme- and in addition to the fact that it gives Senator KERRY’s staff so that we can diately. us verification. It also is a very impor- determine whether to get them on the Mr. KYL. OK. His numbers are 4878 tant part of our national security sys- list and where to plug them in. I would and 4879, so we can begin with one of tem in working with other countries. also suggest to Members that there those, if it is agreeable. We want to make sure we know what isn’t a lot of time left, and if they have Mr. KERRY. That is correct. Russia is doing, yes. We understand comments they would like to make, Mr. President, we would welcome Russia is a country of interest to the now is the time to come to the Senate that, and I yield the floor. United States. But when you look at floor. There shouldn’t be a minute of Mr. KYL. So, Mr. President, it would countries that are developing nuclear quorum call time here. There is a lot to be in order to call up for consider- weapons, we need Russia’s help and the do and not a lot of time to do it. So if ation—I believe the first is amendment international community working with Members have something, bring it to No. 4878, Risch amendment No. 4878. us to make sure we prevent countries us. If they want to speak, they should Well, Mr. President, I said there such as Iran from becoming nuclear come to the floor now or as soon as shouldn’t be any quorum call, but we weapon states. The ratification of this they can get here. are going to be a couple of minutes treaty will help us in those political ef- My goal is to get as many of the here. So I suggest the absence of a forts. amendments as possible dealt with, if quorum until we are ready to go.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10893 The PRESIDING OFFICER. The never know where every terrorist is whole new set of terms the Russians clerk will call the roll. hiding, and I doubt we will ever have will find unacceptable and ultimately The assistant legislative clerk pro- the manpower necessary to hunt them nonnegotiable. When the Russians then ceeded to call the roll. down if we did know where they were walk away from the talks and the pros- Mr. CARPER. Mr. President, I ask and try to stop them. pects of securing a new treaty die, we unanimous consent the order for the Here is what we do know, however. will ask ourselves, was it worth it to quorum call be rescinded. We know where most of the nuclear oppose ratification? Was it worth it? The PRESIDING OFFICER. Without weapons on this planet are today. The When a Russian nuclear weapon goes objection, it is so ordered. majority of them are either in Russia missing and we are left in the dark be- Mr. CARPER. Mr. President, about or they are in the United States. I cause U.S.-Russian cooperation on an hour or so ago, our colleagues voted would like to think we do a good job of tracking and dismantling warheads on whether we should proceed to final securing our nuclear weapons facilities died with the treaty, we will ask our- debate and eventually to an up-or-down in the United States. But Russia, as selves, was it worth it to oppose ratifi- vote on whether to ratify the New most of us know, is another story. cation? START treaty. I think it is safe to say There is a reason terrorists target Rus- I believe the answer is no. Every liv- most Democrats, most Republicans— sian nuclear facilities. ing former Secretary of State from Kis- even those two Independents who hang While Russian security has improved singer to Baker to Rice shares that out with us—have pretty much decided recently, there are still holes, some opinion. on what they want to do on that final would say gaping holes, in the physical Several former Secretaries of De- vote. I think there is a handful of Sen- facilities of some Russian facilities, fense, including Secretaries Schles- ators, maybe a half dozen or so, who holes that leave openings for terrorists inger, Carlucci, Perry, and Cohen, all are still undecided and trying to make to gain access to these weapons. That believe we ought to ratify this treaty up their minds. I just want to say I re- is one of the reasons we need to ratify in order to make our country—our spect that. It is a serious matter, very this treaty. It limits the number of country—safer. I might add, our top in- serious matter, and there are strong warheads that Russia can hold. Fewer telligence people agree with them. This unlikely bipartisan coalition arguments to be made on either side of Russian warheads translate into fewer has come to this conclusion because this issue. chances that those weapons, those war- they are certain that failure to ratify For those who have already made up heads, will fall into the wrong hands. New START leaves our country less their minds, they are probably not all Here is another reason to ratify this safe and more at risk to terror. We ig- that interested in what I have to say. treaty: Since the original START trea- nore the collective wisdom and advice But for the handful of our colleagues ty expired at the end of 2009, the of these leaders, past and present, at who have not decided how they believe United States has been denied the abil- our peril. They have no axe to grind. we should proceed, how they ulti- ity to track and to verify the status of They are calling it like they see it. I mately want to vote, I want to take a Russian nuclear weapons. The U.S. and hope we will search our hearts—every few minutes and talk to them. Russian cooperation on verifying and one of us—and our minds this week and I want to boil this down into four monitoring warheads under the origi- come to the same conclusion they questions that I have focused on as I nal START treaty helped lay the have. have looked at this issue, looked at the groundwork under the Nunn-Lugar co- Question No. 3 was: Can we build a treaty, looked at its ramifications. I operative threat reduction program in robust missile defense system if we rat- want to start out by mentioning what the 1990s. This program worked and ify this treaty? That is an important I think the four maybe critical ques- still works to secure and dismantle question. The answer is too. And the tions are that we should be asking our- Russian nuclear weapons, to keep them answer is, yes, we absolutely can. selves. from falling into the hands of terror- There is simply nothing in this treaty The first question is, does this treaty ists or rogue regimes. that limits the United States from make us safer? I believe it does. I think New START will restore our verifica- building the kind of missile defense absolutely it makes us safer. tion and tracking capabilities that we system we might want and that we The second question is, can we afford lost last year with the expiration of might need. not to ratify this treaty? I believe the the original START treaty. This, in You do not have to take my word for answer is no; we cannot afford not to turn, will encourage Russia to continue it. Last month the Chairman of the ratify this treaty. We need to. and to participate in the Nunn-Lugar Joint Chiefs of Staff, ADM Mike The third question is, Can we go on program. In short, Americans will be Mullen, bluntly stated, ‘‘There is noth- to build a robust missile defense sys- safer if the treaty before us is ratified. ing in the treaty that prohibits us from tem, should we need to, if we ratify That leads me to the second ques- developing any kind of missile de- this treaty? I believe the answer is yes; tion, Can we afford not to ratify this fense.’’ we can do that if we need to. treaty? I believe the answer is no; no, Let me say his words again. ‘‘There The fourth and final question I want we cannot. Let me say why. is nothing in the treaty that prohibits us to ponder is, Is ratification of the My colleagues opposing this treaty us from developing any kind of missile New START treaty the last word on have pointed out what they believe to defense.’’ Those are not my words. this issue? Quite frankly, the answer is be flaws in it. Some of them say the Those are his words. Nothing, nothing no, not at all. In fact, ratification of United States should have held out for in the treaty prohibits us from doing this treaty would just be another step, a better deal. Others say the United that. an important step, in what has been a States should have increased the num- Just last week Secretary Gates said decades-long journey. What I would ber of allowed inspections or increased that the treaty ‘‘in no way limits any- like to do, if I could, is to take these the number of delivery systems allowed thing we want or have in mind on mis- questions just one question at a time. under the treaty. They say the job of sile defense.’’ Let me repeat that as The first question is, Does this treaty the Senate is not to simply ratify trea- well. He said, ‘‘The treaty in no way make us safer? ties but to debate and to amend them. limits anything we want or have in One of the greatest threats, and some Let me just say, if this were a seri- mind on missile defense.’’ In no way. would say the greatest threat, to our ously flawed treaty, I would agree or if Simply put, this treaty gives us both country and to its people today is the this were a flawed treaty I would agree. what we want and what we need. It re- chance that terrorists might somehow But it is not. The fact that so far all duces the number of nuclear warheads acquire a nuclear weapon and detonate the amendments offered to this treaty Russia can possess, and it does so with- it inside this country. I ask my col- have failed, mostly by large majorities, out constraining U.S. missile defense leagues, are we doing all that we need bears witness to that fact. Sure, we and deployment. to do to stop this from happening? could amend the treaty language to Some of our colleagues on the other Sure, we can try to hunt down all the maximize the U.S. position. We could side of the aisle, who have made up terrorists before they strike. In fact, send our diplomats back to the negoti- their minds that they will oppose rati- we are doing that now. But we will ating table with the Russians with a fication, dispute the statements of

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10894 CONGRESSIONAL RECORD — SENATE December 21, 2010 both Secretary Gates and Admiral Here it is: How often do we see in this ‘‘and the self-propelled device on which it is Mullen. Clearly, that is their right to body nearly every major national secu- mounted’’ and insert ‘‘and the self-propelled do so. These opponents to the treaty rity official from just about every device or railcar or flatcar on which it is argue that this treaty would, in fact, Presidential administration of the last mounted’’. create limitations on our ability to four decades come together to support Mr. ENSIGN. Mr. President, I rise build and deploy a missile defense sys- one initiative like this? How often? today to speak on behalf of this amend- tem. With all due respect to them, I do The answer is, not very often, at least ment, which would clear up any ambi- not believe that is true. And, more im- not on my watch. guity by adding the rail mobile defini- portantly, neither do our top military As a captain in the Navy, as my tion of START I to the New START and intelligence leaders, upon whom State’s Congressman, and Senator, as treaty. Specifically, my amendment would our Nation depends. They do not be- Governor of Delaware, and commander amend the protocol annex, part one, in lieve it is true either. In supporting in chief for a while of our State’s Na- terms and definitions protocol. Specifi- this argument, some of the treaty’s tional Guard, I learned a long time ago cally under START I the definition of critics point to a provision which that the best way to make tough deci- rail mobile launchers of ICBMs means states we cannot convert nuclear mis- sions, to make the right decision, is to gather together the best and brightest an erector launching mechanism for sile launchers into missile defense launching ICBMs, and the rail car or launchers. We have all heard Senators minds that we can, people with dif- ferent perspectives, urge them to try to flat car on which it is mounted. KERRY and LUGAR respond to this as- find common ground, and then provide Unfortunately, there is no such defi- sertion. We do not want to make these their recommendations to me. nition in New START. According to conversions. We do not want to make In the case of this treaty, many of Konstantin Kosachev, the head of the these conversions. Why? Because it is the best and brightest national secu- Duma International Affairs Com- not cost effective. It is cheaper to build rity minds our Nation has ever seen, mittee, Senator KERRY’s counterpart new silos rather than convert the old names such as Kissinger, Powell, in the Duma, the understanding on rail launchers. This is not a limitation on Schlesinger, Baker, Hadley, Scowcraft, mobile ICBMs presumes that: ‘‘The missile defense. It is common sense. It Shultz, Rice, Nunn, Warner, LUGAR, Americans are trying to apply the New is cost effective. And it is certainly not KERRY, Clinton, Bush, and Gates, agree START treaty to rail mobile ICBMs in a reason to vote against this important that we should ratify New START and case they are built.’’ treaty. ratify it now. So their definition, their under- Question No. 4 again. Question No. 4 I urge my colleagues who are still un- standing, the Russians’ understanding, was: Is ratification of New START the decided on this critical issue to join is that rail mobile is not included in last word on this issue? And the answer me, to join us, in moving our Nation this treaty. That is according to Mr. is, not at all. This is not the last word. forward by voting to ratify this treaty. Kosachev’s statement in the Duma. By In fact, ratification is another step, al- Before I yield the floor, I want to making this statement, we can infer beit an important one, in a decades- take a moment to salute Senator that it is absolutely Russia’s position long journey. Ratification reflects a vi- LUGAR. I thank you and thank your that rail mobile ICBMs are not cap- sion shared by Presidents Nixon, staff for the terrific leadership you tured by this treaty or subject to the Carter, Reagan, Clinton, George Her- have provided for years on these issues, treaty’s limitations. So this is an issue bert Walker Bush, and George W. Bush, along with Sam Nunn, all of those we must address and we must clarify. as well as the people of our country, years ago, and with JOHN KERRY and The administration, in a State De- and the people of the Russian Federa- others today. partment fact sheet, asserts that rail tion. I am going to thank Senator KERRY mobiles are covered under the 700 ceil- Realizing that vision is vitally im- for the terrific leadership and the great ing of deployed delivery vehicles in ar- portant both to Russians and to Ameri- support he has gotten from his com- ticle II. However, Mr. Kosachev’s state- cans, our two nations must join to lead mittee, from the staff, to get us to this ments imply to the contrary. Further, the global community on the issue of point today. if rail mobiles were to fall under that nuclear disarmament. If we do not, no I am encouraged that we may have cap, it would be in the definitions. one else will. the votes to finish our business and to There is zero mention of rail mobiles in The next step in realizing that vision conclude by ratifying this treaty to- New START. requires us to ratify this New START morrow. I hope that handful of our col- My amendment simply clarifies this treaty that is before us this week. Once leagues who are out there who are still ambiguity. In the absence of New we have done so, we should turn to re- trying to figure out what is the right START limitations on rail mobile doubling our efforts to work with Rus- thing to do will maybe find some words ICBMs and launchers, an unlimited sia, with China, and our allies to pres- in the wisdom I share today. number of these could be deployed. It sure Iran and North Korea to give up I yield the floor. The PRESIDING OFFICER. The Sen- may even be possible to take a road not their nuclear energy programs but ator from Nevada. mobile SS–27 ICBM, including multiple their nuclear weapons programs. And warhead versions, and put it on a rail- AMENDMENT NO. 4855 as we do that, we should continue Mr. ENSIGN. Mr. President, I ask car. This would not in any way violate working toward future agreements unanimous consent that we set aside the conditions of the New START lim- with the Russian Federation on reduc- the pending amendment and call up its, because the earlier START I limits ing tactical nuclear weapons. amendment No. 4855. on rail mobile launchers and non- Fortunately, in the resolution of The PRESIDING OFFICER. Without deployed mobile ICBMs do not appear ratification that contains the New objection, it is so ordered. in this New START. START treaty language, there are in- The clerk will report. Another way to clarify that ambi- structions added by the Senate Foreign The assistant legislative clerk read guity would be if the administration Relations Committee that order—that as follows: gave us full access to the negotiating order—the Obama administration to The Senator from Nevada [Mr. ENSIGN] records. Since they have not, however, pursue agreements on the limits of tac- proposes an amendment numbered 4855. we must amend the treaty to amend tical nuclear weapons with Russia as Mr. ENSIGN. Mr. President, I ask the definition back to as it was in well. Two weeks ago, Secretaries Clin- unanimous consent that the reading of START I. ton and Gates said they would pursue the amendment be dispensed with. What happens if the Russian Duma, such an agreement with the Russian The PRESIDING OFFICER. Without in its ratification process, adds lan- Federation in the coming years. How- objection, it is so ordered. guage in its version of their ORR, that ever, we cannot continue down that The amendment is as follows: excludes rail mobile launchers? What path without first ratifying New AMENDMENT NO. 4855 do we do at that time? If they do this, START. And we must. (Purpose: To amend the Treaty to provide I would think we would have no choice Let me conclude today by asking my for a clear definition of rail-mobile missiles) but to simply take it. undecided colleagues, however many In Part One of the Protocol to the New Mitt Romney highlighted eloquently there are out there, one final question. START Treaty, in paragraph 45. (35.), strike in an op-ed that:

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10895 The absence of any mention of rail based problem, and if we can find a problem, bile launchers of ICBMs. We don’t want launchers should be remedied. U.S. advocates make it into a bigger problem, and them to because we want this big um- of the treaty say that if Russia again inaugu- then amend the treaty because amend- brella that covers all of it, which we rates a rail program, as some articles in the ing the treaty itself—this amendment have the ability to verify. Russian press have suggested it might, rail If we look at exactly what the treaty mobile ICBMs would count toward the treaty seeks to amend the treaty, so here we limits. Opponents say that no treaty lan- go right back down the road of the old says, it says the following—and I don’t guage supports such an interpretation. Rus- ‘‘let’s open up the negotiations again’’ know which lawyers are arguing about sian commentators have said that rail-based argument. We have been through it so this, but the lawyers involved between systems would be discussed by the Bilateral many times here. It has appropriately the Russians and the United States and Consultative Commission. Such ambiguity been rejected by colleagues. the lawyers involved on the negoti- should be resolved before the treaty is ap- I think the last vote was something ating team and the lawyers at the proved, not after. like 66 to 30 on whether we will amend State Department are not arguing I will yield to the Senator from Indi- the treaty. That doesn’t mean he about this. They understand exactly ana. doesn’t have a right to raise it, but let what the treaty says. The PRESIDING OFFICER. The Sen- me speak to the substance. Here is what it says. Article II, 1(a) ator from Indiana. Going back in history on the START of the treaty sets the limit of 700 de- Mr. LUGAR. Mr. President, the treaty, which is why this is a complete ployed ICBMs, deployed submarine- amendment speaks to concerns about red herring—if you go back in the his- launched ballistic missiles and de- rail mobile missiles. First, I would em- tory of the START treaty, you will re- ployed heavy bombers. That is really phasize it is important to note that call that the Soviet Union deployed 10 simple. It is very straightforward—700 neither side currently deploys rail mo- warheads, 10 MIRV warheads on an SS– ICBMs, SLBMs, bombers. We have the bile systems. 24 intercontinental ballistic missile, flexibility to decide how many of each The Nunn-Lugar program destroyed and Russia deployed some 36 of those of those we want to have. We had a de- the last SS–24 rail mobile system in SS–24 rail-based launchers the Senator bate previously with our colleagues 2008. They are all gone. Destroyed. The is referring to at the height of their de- about how many we would have. But New START treaty is specifically ployment. But to comply with START that is pretty straightforward. There is drafted so that if Russia were to revive I and with START II, which interest- no ambiguity in that. Where is the am- its rail mobile program, it would count ingly, we worked together on in terms biguity—700, all three, and we believe under New START’s central limits. of START II even though the Russians we can count all three. Paragraph 12 of This is underscored in our resolution of never ratified it—and the reason they part 1 of the protocol defines deployed ratification through an understanding didn’t ratify it is because we took uni- ICBM as an ICBM that is contained in that if such systems are ever deployed lateral action and withdrew from the or on a deployed launcher of ICBMs. by Russia, they will count as deployed ABM treaty, and they were mad about That is pretty obvious. A launcher is a ICBMs under New START, and that it. That is why what we do matters in launcher is a launcher. Paragraph 13 of part 1 of the protocol such railcars on BMs. this relationship. We ratified the defines deployed launcher of ICBMs as I submit that the amendment is START II treaty; they didn’t. So the an ICBM launcher that contains an unneeded. But more seriously, if in fact things we choose to do have an effect. it were to be adopted, it would require The fact is, thanks to our colleague ICBM and is not an ICBM test launch- er, an ICBM training launcher or an renegotiation of the treaty. For that to my right, the distinguished Senator ICBM launcher located at a space reason, as well as others I have stated from Indiana, Mr. LUGAR, and Senator launch facility. Those are the only as succinctly as possible, I oppose the Nunn, who had the vision to put to- three exceptions. That is it. There is no amendment. gether the threat reduction program, ambiguity. The PRESIDING OFFICER (Mr. BEN- that program set out to destroy Rus- It seems to me pretty darn straight- NET). The Senator from Nevada. sia’s SS–24 ICBMs and rail-based forward that a rail mobile ICBM, if ei- Mr. ENSIGN. Just to address the one launchers. ther side decided to deploy it, obvi- point on the clarification in the resolu- This is important for all those people ously falls under the 700. It is so obvi- tion of ratification, it has been said who have come to the floor and argued ous that we should not have to risk re- that our resolution of ratification repeatedly that Russia has acted in bad negotiating the entire treaty over clarifies and we should not need this faith in all of these efforts. Take note something as obvious as that. language in the definition. Here is the that Russia continued those coopera- I might add, a nondeployed launcher problem I have. tive efforts and continued to destroy of a rail mobile would fall under the 700 Several years ago when we were de- those rail-based launchers even though limit in terms of the launchers. I just bating the Chemical Weapons Conven- they had not signed on to START II. ask my colleagues to look carefully at tion and riot control agents, there it is Guess what. The last Russian SS–24 this. It would be highly improbable. right there in the resolution of ratifi- launcher was eliminated in 2007. The Senator from Tennessee earlier cation that these riot control agents Now START I had a specific sublimit today gave a terrific speech, Mr. ALEX- can be used in operations to protect ci- on mobile missiles and on rail mobile ANDER. He said: What is all this fuss vilian life. Yet to this day, our State missiles. So the START treaty’s defini- about? In the end, we are going to have Department lawyers continue to argue tion, as a result of those two sublimits, thousands of these things that can de- they cannot, even though in the resolu- the START treaty’s definition needed stroy the whole planet anyway. tion of ratification we clearly stated to cover both the rail mobile and the That came from a person who is pret- that these riot control agents, tear gas road mobile launchers that were de- ty thoughtful on these issues, who un- basically, could be used to protect ci- ployed at the time of the treaty. They derstands that you have to put this in vilian life. Yet our State Department were both put under the same roof, and a context. We are not talking about the continues to argue against that. That that roof was the START treaty’s defi- Cold War right now. We are not talking is why putting it in the definitions nition. Just like the Moscow Treaty, about the Soviet Union right now. We within the treaty, we believe, is impor- the New START treaty contains just a are talking about a country with which tant to clarify the difference we seem plane limit, an overall limit on ICBMs we have a very different relationship to have with the Russians based on and ICBM launchers, SLBMs and SLBM and where we have a whole set of com- statements they have made to the launchers. We have the two categories bined interests, and you have to put press. and heavy bombers with no sublimits. this treaty into that context. It is The PRESIDING OFFICER. The Sen- That means the characteristics of highly unlikely that during the dura- ator from Massachusetts. strategic offensive arms limited by the tion of this treaty with the Russian Mr. KERRY. Mr. President, this treaty, in particular the deployed and Federation, after years of working with won’t take too long. Let me say, first the nondeployed launchers of ICBMs the United States to destroy the weap- of all, I thank the Senator for bringing and the deployed ICBMs and their war- ons and work cooperatively under Sen- this up. Let me underscore: This is one heads, those characteristics do not ator LUGAR and Senator Nunn’s pro- of the sort of let’s see if we can find a hinge on the treaty’s definition of mo- gram, it is unbelievably hard to believe

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10896 CONGRESSIONAL RECORD — SENATE December 21, 2010 they are going to divert what we know history of cooperation, conversations ment ago—this is from page 17 of the to be their very limited resources and that may have occurred well beyond report— infrastructure from their planned de- the treaty but that have come from the Nevertheless, while a new rail-mobile sys- ployment in order to do new mobile— fact that there were Americans work- tem would clearly be captured under the Ar- we have a planned deployment of new ing with Russians who were not in- ticle II limits despite the exclusion of rail- mobile-based ICBM forces, and sud- volved necessarily in specifics of the mobile launchers from the definition of mo- bile launchers of ICBMs, those provisions denly to have them go out and build treaty but, in fact, were able to effect that actually use the defined term ‘‘mobile and deploy rail mobile launchers, results that were well beyond what the launcher of ICBMs’’ would not cover rail-mo- which we would observe unbelievably treaty mandated. bile systems if Russia were to reintroduce quickly under our national technical I mention this, again, to indicate them. means. that I believe the amendment is unnec- ‘‘Would not cover.’’ The simple answer is that we know essary. But worse still, adoption of it It goes on to say: what they are going to do. We have a would, in fact, eliminate our consider- ‘‘Appropriate detailed arrangements for in- strong capacity to track what they are ation today. We would go home. It is corporating rail-mobile ICBM launchers and doing. We have every reason to believe finished. their ICBMs into the treaty’s verification the Russians agree with what I just I certainly encourage Senators, rec- and monitoring regime would be worked out said about the allocation of resources. ognizing that the Russians don’t want in the Bilateral Consultative Commission.’’ The fact is, the resolution the Senate the rails, have actually worked in the Under Article XV . . . the Parties may make changes to the Protocol or Annexes. . . . will vote on, in order to guarantee that Cooperative Threat Reduction Program we are certain about this, requires the with Americans to get rid of all of it, We have discussed this in the past. If there is a dispute about what the trea- President to communicate to the Rus- plus everything associated with them, ty means, then you go to this dispute sians in the formal instrument that that as a commonsense situation that resolution group of Russians and Amer- ratifies the agreement, when we ratify seems to be fairly well under control. icans, and they try to talk it out and it, assuming we do it, will ratify the Even then, the statements we have work it out. But there is nothing to say understanding of the United States adopted as a part of the treaty take they will, and if the Russian chairman that the treaty would cover rail mobile care at least of the counting situation of the committee is already saying we launched ICBMs and their launchers, if if, for any reason, such an emergence are trying to insert something into the Russia or the United States were crazy should occur again on the rails. agreement that isn’t there, I wonder enough to try to build them. So for the The PRESIDING OFFICER. The Sen- how successful we would be in working life of me, I don’t know what you can ator from Arizona. Mr. KYL. Mr. President, in response it out. do more than that. But we certainly The report concludes: are not going to reopen the treaty for to the last argument that the Russians don’t have any incentive to and we If Russia were again to produce rail-mobile the basis of a nonambiguity like that. ICBM launchers, the Parties would work The PRESIDING OFFICER. The Sen- don’t believe they are going to build within the BCC to find a way to ensure that ator from Indiana. the rail mobile system again, I ask, the treaty’s notification, inspection, and Mr. LUGAR. Mr. President, I wish to then: What is the big deal about ensur- monitoring regime would adequately cover add parenthetically a footnote to the ing in the treaty that if they do, they them. chairman’s presentation. would be counted under the 700? What So it is clear that it does not. It is As has been mentioned frequently is the problem? The problem appears to clear from the report that the language during this debate, for a variety of rea- be that the Russians don’t have the would not cover rail-mobile systems if sons, the Russians reduced the number same view of this as do my colleagues Russia were to reintroduce them. It is of ICBMs below the totals that were re- or the United States Government. clear we would have to rely upon the quired by the former treaty. Some Sen- My colleague from Nevada quoted Russians’ good offices, good intentions, ators, in fact, have said the New earlier from the Interfax report of Oc- to reach some kind of an agreement START treaty, by imposing these lim- tober 29, 2010, where the chairman of with us in the Bilateral Consultative its of 1,550 warheads and 700 launchers, the Russian Duma—parliament—com- Commission. There are no assurances inhibits only the United States be- mittee responsible for treaties, that will be done. cause, according to those who have ar- Konstantin Kosachyov, stated—in re- Why are we willing to proceed with gued this, Russia has already fallen sponse to the argument we have just an agreement that has such built in below these limits. made, that the Senator from Nevada ambiguity? Why say: Well, we will let Let me add, as a point of personal just made, that the treaty should in- that be worked out by the BCC when recollection, one of the reasons the clude rail-mobile as part of the 700 we could work it out right now? It is Russians are below some of the stand- limit—he stated, in response to that the same answer we get with respect to ards that have been suggested is, as claim, and in response to the resolu- every one of these proposals: Well, the they thought more and more about the tion of ratification of the Foreign Rela- Russians would then demand to renego- rail mobile situation, they decided this tions Committee, that U.S. claim com- tiate the treaty. was either useless, expensive, or so vul- pelled the Duma to stop action on the I ask again: Is the Senate just to be nerable to potential attack that it was treaty. He said—and I am quoting: a rubber stamp? We cannot do any- not worth maintaining. The Americans are trying to apply the New thing to change the treaty or the pro- As a result, as has been suggested, as START Treaty to rail-mobile ICBMs in case tocol, or just the resolution of ratifica- it turned out, using the Cooperative they are built. tion, which is what we are trying to do Threat Reduction Program, the United That, obviously, means if he is say- because the Russians would say no, States and Russia, quite outside of the ing: We would have to stop the Duma and, therefore, we cannot do it? last treaty, decided we would proceed action on this if that is what the U.S. I thought we were the Senate. We are under the Cooperative Threat Reduc- Government is going to claim, they are one-half of the U.S. Government that tion Program to simply destroy all the pushing back on this pretty hard. The deals with it. The other is the Execu- rest of the rail, which we did. question is, why? I do not know wheth- tive. The Executive negotiated the Just for the sake of exhibit, I have a er they intend to build the rail-mobile treaty. Now, why didn’t they include piece of one of the last rails to be de- system. I do not much care whether this language? We do not know because stroyed. It was presented to us by the they build it. All we care about is, if we do not have the record of the nego- Russians with a proper inscription on they do, it has to be included within tiations. What I am told is that it is the back of it, recognizing their appre- the 700 limit. because the Russians said they would ciation to the United States for this Now, the report language of the Sen- not include it because the rail-mobile destruction. Therefore, logically, to ate Foreign Relations Committee con- system would be unique to Russia, and argue that we are back into a predica- firms the fact that they are not in- we do not have such a thing. Therefore, ment of the Russians wanting to build cluded. Here is what the report lan- there would be a lack of parity. You rails again and launch missiles and guage says—and this is in direct con- could not have such a unilateral provi- what have you from them negates the tradiction to what was said just a mo- sion. So if that is the case, either the

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10897 Russians do intend to develop these covered now. Again, the language, Mr. KYL. Madam President, might I systems, and they do not want them ‘‘those provisions that actually use the pose a question to my colleague be- counted, or there should be no problem defined term ‘mobile launchers of cause I understand exactly the point he with the Ensign amendment, which ICBMs’ would not cover rail-mobile makes. He makes it accurately. I would ensure that they would be count- systems if Russia were to re-introduce quoted the language that says that it ed. them.’’ would clearly be captured under article So you cannot read the report lan- The report acknowledges that, there- II limits. That is the committee’s un- guage and agree with what has been fore, in order to apply the inspection derstanding, which is the point my col- said—that the treaty covers these and notification and monitoring re- league is making. But I go on to note weapons—you cannot read it and be- gimes, you would have to get the Rus- that the exclusion of rail-mobile lieve they would clearly be covered by sians to agree in the BCC. Why not launchers from the definition means the inspection and notification and solve that problem right now? that it would not cover rail-mobile sys- monitoring regime. In fact, it clearly Again, we meet with the same argu- tems if Russia were to reintroduce shows that is not the case. What you ment we are always met with: Well, we them and, therefore, there would have have to believe is that this built-in dis- do not dare change anything in here to be work by the BCC to figure out pute in the treaty may well arise if the because the Russians would disagree. how to deal with those under the in- Russians decide to proceed to develop I just ask my colleagues, again, is spection, monitoring, and notification such a system, and we would then—or there any purpose for us being here? If regimes. would arise if they decide to do that, every argument is, well, we do not dare I understand that our committee and we would be required to go to the change it because the Russians would says they believe they are captured. I BCC to try to work it out with them. disagree, so we would have to renego- see that in the report. What I am say- That, obviously, builds in a conflict tiate it, maybe that suggests that ing is, there is a dispute because the that is not good. there was not such a hot job of negoti- Russians do not appear to agree with As I said before, when you have a ating this treaty in the first place. If that. I would just ask my colleague, contract between two parties, the first the Senate cannot find errors or mis- how do you square, then, the Russian thing the lawyers try to do is ensure takes or shortcomings and try to cor- response? The chairman of their com- there are no ambiguities that could rect them without violating some mittee—you have dueling commit- cause one side or the other to later superprinciple that is above the U.S. tees—in the Duma said: come forward and say: I did not mean Constitution, which says that the Sen- The Americans are trying to apply the New that. Then you have a legal dispute. ate has that right, then, again, I do not START Treaty to rail-mobile ICBMs in case But it is one thing to have a legal dis- know what we are doing here. they are built. pute about buying a car or a house. It So I urge my colleagues to support It appears to me what he is saying is, is quite another to have a dispute like the Ensign amendment, as with some but they should not be doing that. In this between two sovereign nations. other things we have raised, to try to fact, his recommendation, I believe, I would note when the United States avoid a conflict. Resolve the situation was the Duma not take action on the had a system we might develop, such as now while we still have time to do it treaty if that was our intent. the rail-mobile—but we have not made rather than after the treaty is ratified Mr. CARDIN. Madam President, will a decision to do it; we certainly do not when it is too late. the Senator yield? have it—the Russians knew we wanted The PRESIDING OFFICER (Mrs. Mr. KYL. Yes, of course. to at least study the possibility of de- HAGAN). The Senator from Maryland. The PRESIDING OFFICER. The Sen- veloping a conventional Prompt Global Mr. CARDIN. Madam President, I ap- ator from Maryland. Strike capability—that is to say, an preciate the concerns my colleague Mr. CARDIN. To me, it is the lan- ICBM that could carry a conventional from Arizona is raising in regards to guage of the treaty itself. The language warhead rather than a nuclear war- mobile launchers, particularly as it re- of the treaty itself is pretty clear as to head—and they specifically insisted lates to rail-mobile launchers. But I what the definition of a launcher is, that we include that in the treaty. am reading the same language the Sen- with three exclusions. Just look at the Now, you might say: Well, wait a ator has put on the floor, and it says language of the treaty that any type of minute. The Russians apparently ar- very clearly that it is subject to the 700 launcher would be covered. gued that they did not want to include limit. I think what my colleague is re- The PRESIDING OFFICER. The Sen- anything on rail-mobile because the ferring to is the fact that Russia today ator from Arizona. United States did not have anything on does not have rail-mobile launchers. Mr. KYL. Madam President, if I could rail-mobile, and that would be a lack of So, therefore, there are other protocols just close, and I actually had, I think, parity—it would be a unilateral restric- in the treaty in regard to inspection, et yielded the floor. So I appreciate the tion—but the same thing is true with cetera, that are not provided for in this chance to make this final point. conventional Prompt Global Strike. treaty because it is not relevant since All the Ensign amendment tries to do The Russians have no intension of Russia today does not have rail-mobile is clear up the ambiguity. My colleague doing that, apparently. We might, just launchers. But if they were to develop says it is absolutely clear to him that like for the rail-mobile, the Russians rail-mobile launchers, they would be they are included. I know the com- might. Yet they insisted a limitation subject to the 700 limitation of launch- mittee says they think it is clear. I do be put on our conventional Prompt ers, if it was being deployed. The con- not think the Russians think it is Global Strike—by what?—by counting sultation process will work out the clear, and I think there is a basis for an them against the 700 launcher limit— procedures for adequate inspection. argument that it is not clear. Why not exactly the same thing that should be So I think it is already covered under clear it up? done with regard to rail-mobile. the treaty. In the language of the trea- The PRESIDING OFFICER. The Sen- So, apparently, if we might do some- ty Senator KERRY mentioned it is clear ator from Massachusetts. thing in the future the Russians do not to me it is covered. But in the report Mr. KERRY. Madam President, the like, we have to count it. But if the language I think it is stating the obvi- answer to the question—why not clear Russians might do something in the fu- ous. it up—is because if you clear it up the ture we do not like, we cannot count it. One last point, and that is, again, way the Senator is trying to, you kill Our only relief then is to go to this you do not dispute the fact that if we the treaty. Pretty simple. BCC and hope the Russians would agree were to adopt this amendment, it The Senator keeps asking the ques- to something in the future that they would be the effect of denying the rati- tion, Why can’t we do this? We can’t do have not been willing to agree to fication of the treaty until it was it because it kills the treaty. It is pret- today. modified in Russia, which is the same ty simple. And the Senator knows it So all the Ensign amendment does is as saying we are not going to get a kills the treaty. to clear up an ambiguity and avoid a ratified treaty on this issue. Now, going beyond that, come back future dispute between the parties. It The PRESIDING OFFICER. The Sen- again just for an instant to the sub- is clear from the report that it is not ator from Arizona. stance. First of all, the Russian general

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10898 CONGRESSIONAL RECORD — SENATE December 21, 2010 staff—I have been known, as chairman Russia has completed design work for the Speaking of other ICBMs, Karakayev said of the Foreign Relations Committee, to use of RS–24 missiles railway-based combat that RS–20V Voyevoda (Satan by Western make some comments which occasion- systems, but implementation of the project classification) would remain in service until ally the Joint Chiefs of Staff do not has been considered inexpedient, Moscow 2026. ‘‘Their service life has been extended to Heat Engineering Institute Director Yuri 33 years,’’ he said. agree with. My comments are not Solomonov said. His institute is the main de- On July 30, 1988, the first regiment armed going to drive them to do what they do signer of these missiles. Asked whether the with RS–20B Voyevoda missiles was placed not agree with. Likewise, the chairman RS–24 missiles could be used in railway- on combat duty in the Dombarovka missile of their foreign relations committee based systems, he said, ‘‘This is possible. The formation in the Orenburg region. whom he quotes was tweaking us in his relevant design work was done . . . ’’ and so ‘‘This is the most powerful interconti- comment. But the fact is, the general on. nental ballistic missile in the world at the staff of Russia has made it abundantly I ask unanimous consent that this ar- moment,’’ the press service of the Strategic Rocket Forces told Itar-Tass. clear they do not want to build these ticle be printed in the RECORD. With a takeoff weight of over 210 tonnes, rail-based mobile. They have no inten- There being no objection, the mate- the missile’s maximum range is 11,000 tion of doing this. They have just been rial was ordered to be printed in the kilometres and can carry a payload of 8,800 destroying them. They have been tak- RECORD, as follows: kilograms. The 8.8–tonne warhead includes ing them down and destroying them in RUSSIA COMPLETES DESIGN WORK FOR USE OF ten independently targetable re-entry vehi- a completely verifiable manner, and RS–24 MISSILES ON RAIL-BASED SYSTEMS cles whose total power is equal to 1,200 Hiro- shima nuclear bombs. A single missile can the Senator from Arizona cannot con- MOSCOW, December 20 (Itar-Tass)—Russia totally eliminate 500 square kilometres of test that. He knows that is absolutely has completed design work for the use of RS– enemy defences. true. 24 missiles railway-based combat systems, So this is a completely artificial mo- By 1990, Voyevoda missiles had been placed but implementation of this project has been on combat duty in divisions stationed out- ment designed, as others have been, to considered inexpedient, Moscow Heat Engi- side of Uzhur, Krasnoyarsk Territory, and try to derail—no pun intended—the neering Institute Director Yuri Solomonov Derzhavinsk, Kazakhstan. Eighty-eight treaty. said. Voyevoda launch sites had been deployed by His institute is the main designer of these That said, let me also point out that 1992. if you want to try to rein in this issue missiles. Asked whether the RS–24 missiles could be Mr. KYL. Madam President, I am not of rail-based, this amendment is not used on railway-based systems, Solomonov arguing that this issue has been re- the way to do it because there are a said, ‘‘This is possible. The relevant design solved within Russia as to whether to whole series of protocols set up in the work was done, but their development was go forward. I am not arguing whether treaty for how you deal with road- deemed inexpedient. I agree with this be- it is a good thing or a bad thing. I sim- based launchers, and you would need to cause the survivability of this system is not ply submit it in response to the argu- begin to put in place a whole different better than that of the ground-based one, but ment that the Russians would be crazy set of protocols in order to deal with it costs more.’’ The RS–24 Yars missile system was put on to think about doing this. Either they rail-based. So if, indeed, the Russians are crazy or—well, in any event, I are, as I said, crazy enough, as they combat duty in Russia this summer. Earlier, the chief designer of the Moscow would never attribute that motivation think it would be crazy—that is the Heat Engineering Institute, which created to anybody, even somebody from an- way they define it now and we do too— the system, said that one of the RS–24 sys- other country. The fact is, they have to go back to something we have spent tems had already been delivered to the Stra- begun design work on exactly such a the last 15 years destroying, if that tegic Rocket Forces at the end of last year. project. happens, we will know it. Moreover, if Solomonov said, ‘‘All journalists are writ- The PRESIDING OFFICER. The Sen- ing about Bulava, but are saying little about it happens, it is counted, as the Sen- ator from Massachusetts. ator has agreed, under the article II the new mobile missile system RS–24 Yars with multiple warheads that we created at Mr. KERRY. It is my understanding limits for launchers. So this is a that the Russian referred to in that ar- nonissue, with all due respect. the same time.’’ The Strategic Rocket Forces intended to ticle is saying how difficult it is to do I know the Senator from Nevada deploy the missile system RS–24 with mul- the rail-based. But here is the simple wants to take 2 minutes to make a tiple warheads in December 2009, Commander reality. If they build it, it will count, comment, and then I wish to make a of the Strategic Rocket Forces Lieutenant- end of issue. That is why this is unnec- unanimous consent request, if I could, General Andrei Shvaichenko said in October essary. after that. 2009. I yield to the Senator from Nevada. Mr. ENSIGN. Madam President, I ‘‘The intercontinental ballistic missile RS– The PRESIDING OFFICER. The Sen- think the Senator from Arizona wishes 24 put into service will reinforce combat ca- pabilities of the attack group of the Stra- ator from Nevada. to make a statement. Mr. ENSIGN. Madam President, to The PRESIDING OFFICER. The Sen- tegic Rocket Forces. Along with the single- wrap up this debate, let me address, ator from Arizona. warhead silo-based and mobile missile RS– Mr. KYL. Before my colleague from 12M2 Topol–M already made operational the first of all, the whole idea that chang- Nevada closes, I know this whole argu- mobile missile system RS–24 will make up ing this treaty in any way kills the the backbone of the attack group of the treaty. Under the Constitution, cer- ment is based on the proposition that Strategic Rocket Forces,’’ the general said. the Russians wouldn’t be crazy enough tainly it is the President’s role, the ad- Silo-based and mobile missile systems ministration’s role, to negotiate the to think about doing a rail system Topol–M, as well as RS–24 mobile missile again so we don’t need to worry about systems were designed by the Moscow Heat treaties. We all recognize that. But it. What is all the fuss, is what my col- Engineering Institute. under the Constitution, the Senate is league said. The warheads of Russia’s newest Topol–M tasked with advice and consent. That Well, here is a December 10—how and RS–24 intercontinental ballistic missiles means we are to look at the treaties, many days ago is that now? I have for- can pierce any of the existing of future mis- and if we think they should be gotten. We are about to Christmas, but sile defences, Strategic Rocket Forces Com- changed—and we have changed treaties mander, Lieutenant-General Sergei I have forgotten the date of today. It is over the years—then we are free to Karakayev said earlier. change the treaties. That is why there from Moscow ITAR-TASS, English ‘‘The combat capability of silo-based and version. Headline: ‘‘Russia Completes mobile Topol–M ICBMs is several times high- is a process set up, such as this amend- Design Work For Use Of RS–24 Missiles er than that of Topol missiles. They can ment process, to change the treaties. On Rail-based Systems.’’ pierce any of the existing and future missile So if we have fundamental objections I want my colleague from Massachu- defence systems. RS–24 missiles have even to the treaty, I think we can have a de- setts to hear this. The Russians aren’t better performance,’’ Karakayev said. bate on whether we should, on a par- crazy enough to think they could do a The Strategic Rocket Forces have six regi- ticular amendment, change the treaty rail system. Here is the headline, De- ments armed with silo-based Topol–M mis- on the merits of the amendment, but siles and two regiments armed with mobile we shouldn’t just say we can’t change cember 10: ‘‘Russia Completes Design Topol–M missiles. Each missile carries a sin- Work For Use of RS–24 Missiles On gle warhead. This year, Russia began deploy- any part of a treaty because it kills the Rail-based Systems.’’ ing RS–24 ICBMs with MIRVs. There is cur- treaty, because we have a constitu- Just to quote a couple lines from the rently one regiment armed with RS–24 mis- tional role in advice and consent on story: siles. whether we approve treaties.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10899 Just a couple points to make. One and Type Two inspections, and the ap- appropriately, because the report of First of all, this is from the State De- plication of unique identifiers on such ICBMs our committee says clearly that rail- partment’s Bureau of Verification, and, if applicable, on their launch canisters. mobile will be covered under article II Compliance, and Implementation. I ask Mr. ENSIGN. Madam President, let and this is unnecessary. So weighing it unanimous consent that it be printed me just read one paragraph from this: that way, it doesn’t make sense to do in the RECORD. If Russia chose to develop and deploy rail- it. There being no objection, the mate- mobile ICBMs, such missiles and their Let me say to my colleagues that I rial was ordered to be printed in the launchers would be subject to the Treaty and think we want to move to the Risch RECORD, as follows: its limitations. amendment, and I think it is the hope [From the Bureau of Verification, Compli- That is according to our State De- of the majority leader to try to have ance, and Implementation, Aug. 2, 2010] partment. two votes around the hour of 6 o’clock, RAIL-MOBILE LAUNCHERS OF ICBMS AND Specific details about the application of if that is possible, and then to proceed THEIR MISSILES verification provisions would be worked out to the Wicker amendment. Key Point: Neither the United States nor in the Bilateral Consultative Commission. I yield the floor to the Senator from Russia currently deploys rail-mobile ICBM So, in other words, if Russia decides Idaho. launchers. If a Party develops and deploys to build these things, then the verifica- The PRESIDING OFFICER. The Sen- rail-mobile ICBMs, such missiles, their war- tion has to be worked out by the Bilat- ator from Idaho. heads, and their launchers would be subject eral Consultative Commission. It isn’t AMENDMENT NO. 4878 to the Treaty. Definitions: The New START Treaty de- that it is set in there exactly what Mr. RISCH. Madam President, I wish fines an ICBM launcher as a ‘‘device intended would happen, but the verification cer- to call up amendment No. 4878. or used to contain, prepare for launch, and tainly would have to be worked out. The PRESIDING OFFICER. Is there launch an ICBM.’’ This is a broad definition The bottom line is, we believe there objection to setting aside the pending intended to cover all ICBM launchers, in- is ambiguity because of the statements amendment? cluding rail-mobile launchers if they were to made by the Russians themselves. That Without objection, it is so ordered. be deployed again in the future. There is no is the problem. If the Russians, in their The clerk will report. specific mention of rail-mobile launchers of statements in the Duma, if they have The bill clerk read as follows: ICBMs in the New START Treaty because been saying: Yes, we agree with exactly neither Party currently deploys ICBMs in The Senator from Idaho [Mr. RISCH] pro- that mode. Russia eliminated its rail-mobile the interpretation the Americans have poses an amendment numbered 4878. SS–24 ICBM system under the START Trea- been making, it would be a different Mr. RISCH. Madam President, I ask ty. Nevertheless, the New START Treaty’s story and we probably wouldn’t need unanimous consent that the reading of terms and definitions cover all ICBMs and this amendment. But because their the amendment be dispensed with. ICBM launchers, including a rail-mobile sys- statements—Senator KERRY’s counter- The PRESIDING OFFICER. Without tem should either Party decide to develop part in the Russian Duma has said the objection, it is so ordered. and deploy such a system. Americans are trying to bring into this The amendment is as follows: A rail-mobile launcher of ICBMs would meet the Treaty’s definition for an ICBM New START treaty mobile launchers, (Purpose: To provide a condition regarding launcher. Such a rail-mobile launcher would and the Russians don’t think they the return of stolen United States military therefore be accountable under the Treaty’s should be in there. So we think we equipment) limits. should clarify that language in a very At the end of subsection (a) of the Resolu- Because neither Party has rail-mobile unambiguous way, based on my amend- tion of Ratification, add the following: ICBM launchers, the previous definition of a ment, to make sure there is no ques- (11) RETURN OF STOLEN UNITED STATES MILI- rail-mobile launcher of ICBMs in the START tion on each side. TARY EQUIPMENT.—Prior to the entry into Treaty (‘‘an erector-launcher mechanism for I appreciate what the Senator from force of the New START Treaty, the Presi- launching ICBMs and the railcar or flatcar dent shall certify to the Committees on on which it is mounted’’) was not carried for- Massachusetts is saying, that they Armed Services and Foreign Relations of the ward into the New START Treaty. have destroyed their—it would be crazy Senate that the Russian Federation has re- If Russia chose to develop and deploy rail- for them to build them again. But as turned to the United States all military mobile ICBMs, such missiles and their the Senator from Arizona just talked equipment owned by the United States that launchers would be subject to the Treaty and about, they are at least designing. was confiscated during the Russian invasion its limitations. Specific details about the ap- Maybe they have a better system to of the Republic of Georgia in August 2008. plication of verification provisions would be use for rail-mobile launchers. We don’t Mr. RISCH. Madam President and fel- worked out in the Bilateral Consultative know that. But what we do know is, low Senators, I bring you what I be- Commission. Necessary adjustments to the lieve to be the first amendment to the definition of ‘‘mobile launchers of ICBMs’’— they don’t think this language applies, to address the use of the term ‘‘self-propelled the language in the treaty applies to resolution of ratification. We have had chassis on which it is mounted’’ in that defi- the mobile launchers. So they could a number of amendments that have nition—would also be worked out in the BCC. get around this treaty and the number been to the actual treaty itself. We Accountability: A rail-mobile launcher of warheads they could have, based on have listened to objection after objec- containing an ICBM would meet the defini- the language that is currently in the tion that: Oh, my gosh, we can’t pos- tion of a ‘‘deployed launcher of ICBMs,’’ treaty. sibly amend the treaty because if we which is ‘‘an ICBM launcher that contains an I just ask our colleagues to seriously do, we are going to have to sit down ICBM.’’ Deployed and non-deployed (i.e., both those consider removing the ambiguity and and talk to the Russians again. containing and not containing an ICBM) rail- voting for the Ensign amendment. We don’t have to worry about that mobile launchers of ICBMs would fall within I yield the floor. with this amendment. This is an the limit of 800 for deployed and non-de- The PRESIDING OFFICER. The Sen- amendment to the resolution of ratifi- ployed launchers of ICBMs and SLBMs and ator from Massachusetts. cation. It will not require that we sit deployed and non-deployed heavy bombers. Mr. KERRY. Madam President, I down with the Russians and negotiate. The ICBMs contained in rail-mobile don’t think we need to repeat. I appre- Frankly, I don’t know what is wrong launchers would count as deployed and ciate the Senator from Nevada and I with that. Frankly, I think it is a good therefore would fall within the 700 ceiling for deployed ICBMs, SLBMs, and heavy bombers. understand what he is saying. I com- idea after all the problems that have Warheads on deployed ICBMs contained in pletely agree with him about the ad- been raised with the treaty. But, none- rail-mobile launchers therefore would fall vice and consent role of the Senate, but theless, if that is an overriding con- within the limit of 1,550 accountable de- part of that role is to make a judgment cern, you can set that aside and listen ployed warheads. about whether the consequences of to the merits of the amendment. Applicable Provisions: Separate from the some particular concern merit taking I have to tell my colleagues that part status of the rail-mobile ICBM launcher, all down the whole treaty and putting it of this I bring as a matter of frustra- ICBMs associated with the rail-mobile sys- back in the renegotiation process. It is tion. I have been involved with this for tem would be Treaty-accountable, whether they were existing or new types of ICBMs, not that we can’t or shouldn’t under months, and I am so tired of hearing and therefore would, as appropriate, be sub- the right circumstances; it is a ques- about accommodation after accommo- ject to initial technical characteristics exhi- tion of balancing what are the right dation after accommodation to the bitions, data exchanges, notifications, Type circumstances. We are arguing, I think Russians. It appears, before we even

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10900 CONGRESSIONAL RECORD — SENATE December 21, 2010 started with this, the Russians said: equipment over there, not the least of We very much want Russia to with- Well, we are going to have to have in which were four American humvees. draw. We are very sympathetic to the the preamble language that says mis- The four American humvees were issue the Senator brings to our atten- sile defense is related to this, and we shipped to a port in Georgia and were tion. We have taken action in this body said no. We have to have the ability to in the process of being shipped back to to support Georgia’s territorial integ- protect our country and build missile the United States. There is no argu- rity. The START treaty and its ratifi- defense. The Russians said it has to be ment that the title to these four cation is important in reestablishing in there. It is in there. The next thing humvees is with the people of the confidence on verification as it relates we said: You know, for 40 years we have United States of America. They belong to our relationship with Russia on stra- been doing this, and you guys have a to me. They belong to you. They be- tegic arms, but it is also important for 10-to-1 advantage over us on tactical long to the U.S. military. They belong the engagement of Russia on other weapons; that is, short-range weapons. to all of us. issues. We can do more than one thing We ought to talk about that because The Russians, when they overran the at a time. you want to talk about parity on stra- Georgians and got to the seaport, found President Saakashvili of the Repub- tegic weapons. No, it can’t be in there. our humvees, and what did they do? lic of Georgia said: We accommodated the Russians again. Did they say: Well, yes, they belong to We all want—I personally want—Russia as Every time we turn around and put out the Americans; we will put them on the a partner and not as an enemy. Nobody has a problem here—just as we heard on boat that is supposed to go back to the a greater stake than us in seeing Russia turn this rail thing—every time we turn United States? No. They said: We are into a country that truly operates within the around and put out a problem that going to take them, and they stole concert of nations, respects international ought to be addressed, the people who them. Today, they still have them. law, and—this is often connected—upholds The United States has asked for the basic human rights. This is why I whole- are promoting this stand and apologize, heartedly support the efforts of European they accommodate, they say it is OK, four humvees back. But let me tell my and American leaders to strengthen their re- they overlook it, and we go on and on colleagues where the four humvees are. lationship with Russia. If you want to see a picture of them, and on. The leader of Georgia understands I am sitting here listening to this on you can go to msn.com and search that a better relationship between Rus- the rails, and the one side says: Well, Georgia and humvees and you can see a sia and the United States will help don’t worry about it; they are never picture of our humvees. Where are Georgia and its territorial integrity. going to build this anyway. We pull up they? They are in the Russian Central This treaty and its ratification will an article that says they are in the Armed Forces Museum in Moscow, help not only build confidence between process of doing this. Well, yes, but Russia. That is where our four humvees Russia and the United States but will don’t worry about it because it is going are. What are they doing there? They help the other countries of Europe, par- to be counted anyway. are on display as a war trophy, taken ticularly a country such as Georgia. So I have something here that, hope- by the Russians as a war trophy. Well, So the chairman of the committee is fully, we are not going to apologize to we weren’t engaged in that war. the Russians for. We are not going to So if we are going to have a good re- absolutely correct—and I think we can accommodate them. We are going to lationship with them, is it too much to verify that with the Parliamentarian— tell them that if you want a relation- ask to give us back the property they that this is not relevant on the issue ship with us, you have to be honest stole from us a little over 24 months we have before us. It is not part of the with us. ago? treaty we have negotiated. It is not We all know, and it has been widely So this is an easy one to vote for. I part of the ratification process. It is reported, that they cheat. They are se- have had discussions with my good not the appropriate forum for this type rial cheaters. They cheated in virtually friend from Massachusetts. He said this of amendment to be considered. It every agreement we have had with isn’t related. This is absolutely related. should be rejected on that basis. them. If we are going to have a rela- We are entering into a marriage on a The important thing in moving for- tionship with them and press the re- very important issue. ward with U.S. influence on Russia as start button—and I think we should. Shouldn’t we ask that they give us it relates to its neighbors, such as We should press the reset button. We our stolen property back? And Georgia, is to move forward with ratifi- should have a decent relationship with shouldn’t they say: Yes, we want to set cation of this treaty. them. But let’s wipe the slate clean the reset button too. We want to hold The PRESIDING OFFICER. The Sen- and let’s start with the military equip- hands and sing ‘‘Kumbaya.’’ We want ator from Massachusetts. ment they have stolen from us. That is to be friends. Mr. KERRY. Madam President, I will all this is about. Well, that is fine, but give us back be very quick. I don’t think we need to On August 8 of 2008, as we all know, our stolen military equipment. spend a lot of time on this. First of all, the Russians invaded Georgia, and That is all this asks for. It doesn’t we agree with the Senator from Idaho when they invaded Georgia, it was jeopardize the treaty; it just says it that under normal circumstances the pretty much of a mismatch. They ran goes into force as soon as they give us equipment they have would be best re- over the top of them, did a lot of bad our four humvees back. turned to the United States, and there things, and eventually there was a I yield the floor. are many good-faith ways in which peace accord that was brokered by Mr. CARDIN. Madam President, let they might do that. But the fact is that President Sarkozy, and the next me first tell my colleague that I sup- the way this is phrased, it has just two amendment I have deals more in-depth port the treaty because it is in the best enormous problems. First, it says prior with that. interest of the United States. It is in to the entry into force of the treaty. So But when they ran over the Geor- our national security interest. It is not we are linking this ancillary issue to gians, the American military had just an accommodation to Russia. This this entire treaty, which bears on a been there doing exercises with the treaty helps us on national security. whole set of other national security Georgians because the Georgians were That is what our military experts tell considerations. kind enough to engage with us and help us. That is what our intelligence ex- I want the four humvees back, and us in Afghanistan. They were preparing perts tell us. That is what our dip- whatever the small arms are, which to send troops to Afghanistan to help lomats tell us. On all fronts, the ratifi- raises another issue, but I am not will- us. So we Americans went over there cation of this treaty makes us a safer ing to see this entire treaty get caught and we said: OK. We need to do some nation. So it is not an accommodation up in that particular fracas. We have military exercises, engage in some to Russia. an unbelievable number of diplomatic joint training, so we can get you ready On the issue the Senator is concerned channels and other ways of prosecuting to go into Afghanistan. We are now about, both the Obama administration that concept, and I pledge to the Sen- preparing to leave. We have completed and this body have repeatedly re- ator that I am prepared, in the Foreign the exercises. We are preparing to affirmed our commitment to Georgia’s Relations Committee, to make certain leave. We obviously took a lot of our territorial sovereignty and integrity. we attempt to do that, as well as deal

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10901 with the question of Russia’s compli- other actions with regard to sanctions the world community. I haven’t seen ance with the peace agreement with re- on Iran and diplomacy with North it. I am worried about it. spect to the cease-fire in Georgia and Korea. So the question is, if we abandon or so forth. These are essential ingredi- One can say it is not a big deal, this concede too much, are we helping de- ents, and we will talk about that in a military equipment, but on the other velop a positive relationship? I think moment. hand, they say it will destroy the trea- Senator RISCH is saying: Look, we have It also says they have to return all ty if we have this particular amend- a serious problem. They are holding military equipment. It doesn’t specify. ment. The reality is that we are simply our military equipment. Are we not This could become one of those things trying to make a point that the Rus- even going to discuss that? where we are saying, you have this, and sians have not acted well in a variety How do we get to a more positive re- they say, no, we don’t. Are we talking of situations. I cannot think of a better lationship with our Russian friends? I about small arms? What about ex- example than the invasion of Georgia, think the people of Russia are our pended ammunition? Who knows what the continued violation of the cease- friends. How do we get there? Is it the circumstances are? fire agreement they signed there, and through strength, constancy, consist- This is not the place or the time for the violation of the U.N. resolution. ency, principle, and position, or is it us to get caught up in linking this I would reiterate, at the summit dec- through weakness, placating, conces- treaty to this particular outcome. I laration—this is where the NATO mem- sion, and appeasing? Is that the way to really think that stands on its own. bers, meeting in Lisbon last month, gain respect and move us into a I yield the floor. joined together to call for a resolution healthier relationship? I don’t think The PRESIDING OFFICER. The Sen- to the problem, saying, ‘‘We reiterate so. ator from Arizona is recognized. our continued support for the terri- I think we have only one charge, and Mr. KYL. Madam President, obvi- torial integrity and sovereignty of that is to defend our legitimate inter- ously one of the purposes of these two Georgia within its internationally rec- ests. I believe this administration has amendments is to respond to one of the ognized borders.’’ And then they urge been too fixed on a treaty, and, as one arguments that has been raised in sup- all to play a constructive role and to observer and former treaty negotiator port of this treaty. We have this won- work with the U.N. to pursue a peace- has said: If you want it bad, you will derful new reset relationship with Rus- ful resolution of the internationally get it bad. In other words, if you want sia, and were we to not ratify the trea- recognized territory of Georgia. And the treaty too badly, you won’t be an ty, that relationship would be frayed, then the final sentence: effective negotiator. I remember dur- ing this process, on more than one oc- and who knows how much Russia We continue to call on Russia to reverse might react to it? It would be harder to its recognition of the South Ossetia and casion, warning and expressing concern get their cooperation on things. Those Abkhazia regions of Georgia as independent to our negotiators that we appeared to are all arguments that have been made. States. be too anxious to obtain this treaty I think one of the points of these two That is the kind of cooperation we and, if so, the Russians would play us amendments is to show that the reset are getting from the Russian Federa- like a fiddle. I am afraid that is what relationship between Russia and the tion these days. I appreciate the has happened. I think this Congress would do the United States has not produced all that amendments brought forth by my col- President, the world, Russia, and our much good behavior or cooperation on league to highlight that fact. country a service if we said what Sen- the part of the Russians. I earlier de- The PRESIDING OFFICER. The Sen- ator RISCH says: OK, guys, how about tailed all of the ways—at least a few— ator from Alabama is recognized. letting our equipment be sent back. If in which Russia had been very Mr. SESSIONS. Mr. President, I you are not willing to do that, then we unhelpful to the United States with re- agree with Senator KYL and support have a serious problem. gard to Iran. I noted I think 2 days ago the Risch amendment. I remember at a I thank the Chair and yield the floor. or maybe yesterday that in the U.N., NATO conference not too many years The PRESIDING OFFICER. The Sen- they were trying to water down a reso- ago President Bush was advocating for ator from Idaho is recognized. lution dealing with North Korea that Georgia being a member of NATO, to Mr. RISCH. Madam President, first of we are working hard to try to obtain. show you how serious these matters all, to my good friend from Maryland, They have been very difficult to deal are. So had we voted to bring Georgia I agree with much of what he said with with regard to North Korea and into NATO—and they were on the short about our relationship and the rela- Iran. At the end of the day, I think list—we would be in a situation in tionship between Georgia and Russia. I they only do what is in their best in- which the Russians would be invading will speak about that in the next terest, in any event—not basing their a NATO country. The act of Russia in- amendment I am going to offer, which decisions of what is in their best inter- vading Georgia was a dramatic event. is No. 4879, right after this one. I know ests on some concept of a new friendli- The proponents of the treaty por- the Senator didn’t talk about our sto- ness with the United States. trayed this matter as advancing our re- len military equipment by the Rus- I think part of the reason my col- lationship with Russia. I think Senator sians. league from Idaho offered these two KERRY has been not so aggressive—that To my friend from Massachusetts, amendments is to simply demonstrate hasn’t been one of his themes. But a lot who responded to what I said, I say: that this new relationship isn’t all that of people have, and I think he was wise Here we go again. This is exactly why its cracked up to be if they won’t even not to go down that road. I brought this amendment. We are give us some equipment they con- A lot of people have tried to say we again accommodating the Russians. fiscated when they invaded Georgia. are going to get along with Russia bet- Why can’t we just once ask them to be- That is not a major point in inter- ter by signing this treaty with them. have themselves and say: Look, this is national diplomacy, and it certainly That is not a sound basis to sign a trea- not a big matter, but you are acting isn’t a major point with respect to U.S. ty. We all need a better relationship like a thief. military capability. It is illustrative of with Russia. That I certainly acknowl- Do you want to see what they did? I something. edge. Georgia would certainly benefit made reference for you to go on the The point of the amendment is to say from it, and hopefully the world will Internet to see the pictures, but here that you have quite a bit of time before have a better relationship with Russia. they are. If you are a good American, this treaty enters into force. A lot has But I am unable to fathom a lot of you can go there and you can watch to happen. It is sent to Russia, the the Russian activities, frankly. It is your property right here being towed Duma has to deal with it, and so on. just difficult for me. Why have they ne- away by the Russians, back to Moscow, Just return the stuff. Maybe that lit- gotiated so hardheadedly on this treaty to put on display as a trophy. Here is tle gesture of good will would help to to actually reduce the number of in- another picture of it right here. This is reestablish this so-called reset rela- spections over what we had in the pre- even better. This is one of our humvees tionship in ways they have not been vious treaty? Why? I thought Russia being towed by the Russians. This able to accomplish by getting Russian was about wanting to move forward humvee is headed back to Moscow, support with the U.N. resolutions and into the world and be a good citizen in where it is now displayed as a trophy.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10902 CONGRESSIONAL RECORD — SENATE December 21, 2010 Is it too much to ask, where we are based interceptor missile defense sys- setts, Senator KERRY. I wish to respond going to enter into this agreement and tem in Poland to comply with Russian to Senator RISCH’s amendment because supposedly befriend and supposedly demands during this treaty process was I am very sympathetic to the concerns reset the button on our relationship, is a terrible thing, especially when we did he is raising. it too much to say: Look, you stole not even tell our friends in the sov- All who watched Russia’s invasion of from us. You are acting like a thief. ereign nation of Poland we intended to Georgia had to be outraged about what Give us back the property we own. do it before we announced it with the happened. In fact, I have a resolution I Is that asking too much of the Rus- Russians. have submitted with Senators GRAHAM sians? Can we not just once, instead of The Senator is just raising a reality. and LIEBERMAN. I hope, perhaps, the accommodating them, instead of apolo- I say to Senator RISCH, we have some Senator from Idaho might be willing to gizing for them, instead of saying we problems here, and we might as well take a look at this resolution and work should not tie this to that or we will put it out on the table, be realistic with us on it next year because one of not get it, can we not just once say: about it, and take off the rose-colored the things it does is it calls upon the Give us our stolen property back. glasses. This amendment is one way to Government of Russia to take steps to That is all we are asking here. It is say let’s get serious and talk with our fulfill all the terms and conditions of not a big thing, but it does give us a Russian friends about some serious dif- the 2008 cease-fire agreement, includ- clear indication of what they are ficulties we have. ing returning military forces to prewar thinking, of what their relationship is I yield the floor. positions and ensuring access to inter- with us, of what they want their rela- The PRESIDING OFFICER. The Sen- national humanitarian aid to all those tionship to be with us. ator from Idaho. affected by the conflict. This is not asking too much. This Mr. RISCH. Madam President, I call It also deals with a number of other does not blow up the treaty. It simply up Risch amendment No. 4879. provisions in that resolution with re- says they pack up the four humvees The PRESIDING OFFICER. Is there spect to Georgia. and, and as soon as they do, the treaty objection? I also point out, as I am sure my goes into effect. That is not too much Mr. KERRY. Madam President, at friend from Idaho knows, that Georgia to ask. this time there is, until we have an op- has recognized it is in their interest to I yield to my good friend from Massa- portunity—we were going to work this have relations with Russia that can ad- chusetts. out with Senator KYL after the vote. dress their border concerns in a way The PRESIDING OFFICER. The Sen- So I object to it at this moment. that is positive, to have Russia work- ator from Massachusetts. The PRESIDING OFFICER. Objec- ing with the international community Mr. KERRY. Madam President, this as opposed to working as a pariah. has been cleared on both sides. tion is heard. Mr. KERRY. I believe Senator KYL They may represent what we have I ask unanimous consent that at 6 heard from all our NATO allies with re- p.m., the Senate proceed to votes in re- had two amendments he wanted to get up at this point in time. spect to the START treaty; that it is in lation to the following amendments to the best interest of our NATO allies. the START treaty and the resolution Mr. KYL. What was the unanimous consent request? We have heard from those countries of ratification: Ensign amendment No. that border Russia—Latvia, Poland, 4855 and Risch amendment No. 4878; Mr. KERRY. The Senator from Idaho requested to go to his next amendment, and a number of other countries—that further, that prior to the votes, there they would like to see the United be no second-degree amendments in which is No. 4879. That was the one the Senator from Arizona and I were talk- States ratify the New START treaty. order to the amendment, and that the I am in agreement with the concerns ing about with respect to an issue we time before the votes be divided equal- Senator RISCH raised. I have questions wanted to work out with the Parlia- ly between the sponsors and myself or about whether this is the best way to mentarian before we go to it. I think their designees. do it, given the confines of the New the Senator and I had agreed he would The PRESIDING OFFICER. Without START treaty and our efforts to get like to go to two other amendments objection, it is so ordered. this into effect as soon as possible so The Senator from Alabama. next in line. We will come back to this we do not continue to have a situation Mr. SESSIONS. Madam President, I issue. where we do not have inspectors on the will share one thought I remember so Mr. KYL. Madam President, that un- ground in Russia who can help gather vividly before Russia invaded Georgia. derstanding is fine. There are two intelligence, who can see what is going We were at a NATO conference. There Members who I think will be ready to on with their nuclear arms in a way was a discussion outside the normal go forward with their amendments im- that would also benefit Georgia. meeting. One weak-kneed, I suppose, mediately following the two votes at 6 I understand the concerns. I agree European explained to the Georgians o’clock. with those. But I cannot support this why it was difficult for the other na- Again, for benefit of the Members, it amendment because of the negative tions to support Georgia in their idea is my hope that we can continue to impact it might have on ratifying the to be in NATO and suggested it was dif- work through as many amendments as treaty. ficult because Russia was a big and possible this evening, maybe have de- Mr. RISCH. Madam President, may I powerful country. bate a couple at a time and vote, what- respond. The Georgian replied—and I have ever the body desires. But perhaps we The PRESIDING OFFICER. The Sen- never forgotten it—saying: Well, sir, could continue at least to work ator from Idaho. we think it is a question of values. Mr. through a few more amendments yet Mr. RISCH. Madam President, some- Putin said last year the greatest dis- this evening. how the debate about the relationship aster of the 20th century was the col- Mr. KERRY. I agree with that com- between Russia and Georgia and our re- lapse of the Soviet Union. We in Geor- pletely. We have a fairly limited list, lationship as far as Georgia is con- gia believe it was the best thing that and I think it is possible to move cerned has crept into this debate. This happened in the 20th century. It is a through them rapidly. I appreciate the amendment has nothing to do with question of values. We share your val- efforts of the Senator from Arizona to Georgia, other than the fact that is ues. We want to be with you. do so. where the theft took place. The inter- I have to say it is deeply troubling to Madam President, how much time do national criminal offense of theft of me that our Russian friends are being we have on our side? our military property took place in so recalcitrant and so aggressive and so The PRESIDING OFFICER. Six min- Georgia. That is the only thing Georgia hostile to sovereign states such as utes. has to do with this. This has nothing to Georgia, the Ukraine, the Baltics, and Mr. KERRY. I yield 4 minutes to the do with the relationship. Amendment Poland. They used to be a part of the Senator from New Hampshire. No. 4879 has a lot to do with it. When Soviet empire. They are now sovereign The PRESIDING OFFICER. The Sen- we get there, we will talk about that. nations, independent in every way. ator from New Hampshire. I regret my good friend from New Conceding, as part of these negotia- Mrs. SHAHEEN. Madam President, I Hampshire cannot support this amend- tions, the deployment of a ground- thank my colleague from Massachu- ment, because although I suspect I will

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10903 support the resolution, we do a lot of the Helsinki Commission on other Risch Shelby Vitter Roberts Snowe Wicker these resolutions. We do the resolution issues. Sessions Thune and send it off to the Russians. They The issue the Senator is bringing up are going to be laughing up their sleeve about the return of property is very NAYS—63 at us, whilst they are fondling our important to America. We believe in Akaka Feinstein Mikulski Alexander Franken Murkowski equipment that they have possession many cases the Russian Federation is Baucus Gillibrand Murray of. not living up to their international Begich Hagan Nelson (NE) There are no teeth in these resolu- commitments under international Bennet Harkin Nelson (FL) tions. We actually have the oppor- agreements. We will bring those up, Bennett Inouye Pryor Bingaman Johnson Reed tunity to do something to get our mili- and we will fight in those forums. But Boxer Kerry Reid tary equipment back. If they are acting this treaty is in our interest. This trea- Brown (OH) Klobuchar Rockefeller in good faith, if they are people of good ty and our actions should deal with the Cantwell Kohl Sanders will, if they want a relationship with Cardin Landrieu Schumer four corners of the agreement. Carper Lautenberg Shaheen us, then they are going to have to In that respect, I very much oppose Casey Leahy Specter make a choice: Do we keep four the Senator’s amendment. Collins Levin Stabenow humvees or do we give them back so Conrad Lieberman Tester Mr. RISCH. Madam President, may I Coons Lincoln Udall (CO) this treaty can go into effect? That is claim my 19 seconds. Corker Lugar Udall (NM) the choice they are going to have to The PRESIDING OFFICER. The Sen- Dodd Manchin Voinovich make. ator from Idaho. Dorgan McCaskill Warner That is not too tough a choice to put Durbin Menendez Webb Mr. RISCH. Madam President, with Feingold Merkley Whitehouse on them. Do you want to continue to all due respect to my good friend from be thieves or do you want to be honest Maryland, this is exactly the right ve- NOT VOTING—5 about this and deliver the goods you hicle to bring this up. This is a vehicle Bayh Brownback Wyden Bond Gregg have stolen? There is nothing wrong of trust, and it is a vehicle that puts about that. This gives us the oppor- some teeth in an otherwise toothless The amendment (No. 4855) was re- tunity, I say to the good Senator, to do thing. jected. what you exactly do on the resolution, As far as human rights versus this VOTE ON AMENDMENT NO. 4878 but it is going to give it some teeth. stolen property, this is very objective, The PRESIDING OFFICER (Mr. I yield the floor. it is hard, you can see it. The human UDALL of Colorado). Under the previous Mr. KERRY. Madam President, how rights violations I think are entirely order, the question is on agreeing to much time remains? different. They certainly are impor- the Risch amendment No. 4878. The PRESIDING OFFICER. Three tant. They certainly rise to as high a The Senator from Massachusetts. minutes. level, but this is objective. Mr. KERRY. Mr. President, I move to Mr. KERRY. On both sides? How The PRESIDING OFFICER. The Sen- table the Risch amendment. I ask for much remains on the proponents’ side? ator’s time has expired. the yeas and nays, and I ask unani- The PRESIDING OFFICER. The mi- Mr. KERRY. Madam President, I be- mous consent this be a 10-minute vote. nority has 19 seconds; the majority has lieve all time has expired; is that cor- The PRESIDING OFFICER. Is there 3 minutes. rect? objection? Mr. KERRY. I suggest the absence of The PRESIDING OFFICER. The Sen- Without objection, it is so ordered. a quorum. I withhold that request. ator has 1 minute remaining. Is there a sufficient second? The PRESIDING OFFICER. The Sen- Mr. KERRY. I yield back my time. There appears to be a sufficient sec- ator from Maryland. ond. Mr. CARDIN. Madam President, I, The PRESIDING OFFICER. Time is The question is on agreeing to the first, thank the Senator from Idaho for yielded back. All time is expired. motion to table. bringing up this issue. I might tell him, VOTE ON AMENDMENT NO. 4855 The clerk will call the roll. I have a laundry list of issues with The question is on agreeing to the The legislative clerk called the roll. which I would like to deal with Russia. Ensign amendment No. 4855. Mr. DURBIN. I announce that the I have the honor of chairing the Hel- Mr. KERRY. I ask for the yeas and Senator from Indiana (Mr. BAYH), the sinki Commission. We have a lot of nays. Senator from New York (Mrs. human rights issues with Russia, and The PRESIDING OFFICER. Is there a GILLIBRAND), and the Senator from Or- we raise them all the time as aggres- sufficient second? egon (Mr. WYDEN) are necessarily ab- sively as we can. I am proud the Obama There appears to be a sufficient sec- sent. administration has raised these issues ond. I further announce that, if present at the highest level with the Russian The clerk will call the roll. and voting, the Senator from New York Federation. We are very sympathetic The bill clerk called the roll. (Mrs. GILLIBRAND) would vote ‘‘yea.’’ to the issue the Senator has brought Mr. DURBIN. I announce that the Mr. KYL. The following Senators are up. It is the wrong vehicle to deal with Senator from Indiana (Mr. BAYH) and necessarily absent: the Senator from this issue. It is the wrong vehicle. This the Senator from Oregon (Mr. WYDEN) Missouri (Mr. BOND), the Senator from treaty is important for U.S. national are necessarily absent. Kansas (Mr. BROWNBACK), the Senator security. That is why I support the Mr. KYL. The following Senators are from New Hampshire (Mr. GREGG), and ratification. That is why I urge my col- necessarily absent: the Senator from the Senator from Oklahoma (Mr. leagues to support the ratification. Missouri (Mr. BOND), the Senator from COBURN). Yes, it is appropriate in our advise- Kansas (Mr. BROWNBACK), and the Sen- The PRESIDING OFFICER. Are there and-consent role for us to take up ator from New Hampshire (Mr. GREGG). any other Senators in the Chamber de- issues that are relevant to the subject The PRESIDING OFFICER. Are there siring to vote? matter of the treaty. The problem is, any other Senators in the Chamber de- The result was announced—yeas 61, the issues the Senator from Idaho is siring to vote? nays 32, as follows: bringing up are not relevant to the sub- The result was announced—yeas 32, [Rollcall Vote No. 294 Ex.] ject matter of the treaty. Therefore, it nays 63, as follows: YEAS—61 is the wrong vehicle to take up this [Rollcall Vote No. 293 Ex.] issue. Akaka Cardin Feingold YEAS—32 I do not want the Senator from Idaho Alexander Carper Feinstein Barrasso Crapo Inhofe Baucus Casey Franken to interpret my opposition to his Brown (MA) DeMint Isakson Begich Collins Hagan amendment as opposing what he is try- Bunning Ensign Johanns Bennet Conrad Harkin ing to do. I agree with what he is try- Burr Enzi Kirk Bennett Coons Inouye ing to do. It is the wrong vehicle on Chambliss Graham Kyl Bingaman Corker Johnson Coburn Grassley LeMieux Boxer Dodd Kerry which to put it. I urge the Senator to Cochran Hatch McCain Brown (OH) Dorgan Kirk work with Senator SHAHEEN, work with Cornyn Hutchison McConnell Cantwell Durbin Klobuchar

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10904 CONGRESSIONAL RECORD — SENATE December 21, 2010 Kohl Mikulski Shaheen (Purpose: To provide an understanding that Background: The New START Treaty au- Landrieu Murkowski Specter provisions adopted in the Bilateral Con- thorizes the Parties to use the Bilateral Con- Lautenberg Murray Stabenow sultative Commission that affect sub- sultative Commission (BCC) to reach agree- Leahy Nelson (NE) Tester Levin Nelson (FL) stantive rights or obligations under the ment on changes in the Protocol to the Trea- Udall (CO) Treaty are those that create new rights or ty, including its Annexes, that do not affect Lincoln Pryor Udall (NM) obligations for the United States and must substantive rights or obligations. The Lugar Reed Warner Manchin Reid Webb therefore be submitted to the Senate for START Treaty’s Joint Compliance and In- McCaskill Rockefeller Whitehouse its advice and consent) spection Commission and the Intermediate Menendez Sanders At the end of subsection (b) of the Resolu- and Shorter Range Nuclear Forces Treaty’s Merkley Schumer tion of Ratification, add the following: Special Verification Commission were as- NAYS—32 (4) BILATERAL CONSULTATIVE COMMISSION.— signed similar responsibilities by those trea- It is the understanding of the United States ties. Barrasso Graham McConnell that provisions adopted in the Bilateral Con- The Chemical Weapons Convention, the Brown (MA) Grassley Risch Open Skies Treaty, and the Conventional Bunning Hatch sultative Commission that affect substantive Roberts Forces in Europe Treaty provide similar au- Burr Hutchison Sessions rights or obligations under the Treaty are Chambliss Inhofe Shelby those that create new rights or obligations thority to effect technical changes that are Cochran Isakson Snowe for the United States and must therefore be deemed necessary by the Parties during the Cornyn Johanns Thune submitted to the Senate for its advice and implementation of the respective treaty. Crapo Kyl Vitter consent. Authority of the BCC: In addition to mak- DeMint LeMieux Voinovich ing technical changes to the Protocol, in- Ensign Lieberman Mr. WICKER. Mr. President, I rise Wicker cluding its Annexes, that do not affect sub- Enzi McCain this evening to offer another amend- stantive rights or obligations, the BCC may: ment to the resolution of ratification. NOT VOTING—7 resolve questions relating to compliance This amendment rises out of concerns with the obligations assumed by the Parties; Bayh Coburn Wyden over the Bilateral Consultative Com- Bond Gillibrand agree upon such additional measures as may Brownback Gregg mission known as the BCC. The BCC be necessary to improve the viability and ef- has been referred to numerous times in fectiveness of the Treaty; discuss the unique The motion was agreed to. debate today. Article XII of the treaty features of missiles and their launchers, Mr. KERRY. Mr. President, I move to establishes the BCC as a forum for the other than ICBMs and ICBM launchers, or parties to resolve issues concerning im- SLBMs and SLBM launchers, referred to in reconsider the vote. paragraph 3 of Article V of the Treaty, that Mr. CORKER. I move to lay that mo- plementation of the treaty. Part six of distinguish such missiles and their launchers tion on the table. the protocol says the BCC has the au- from ICBMs and ICBM launchers, or SLBMs thority to resolve questions relating to The motion to lay on the table was and SLBM launchers; discuss on an annual compliance, agree to additional meas- basis the exchange of telemetric information agreed to. ures to improve the viability and effec- under the Treaty; resolve questions related The PRESIDING OFFICER. The ma- tiveness of the treaty, and discuss to the applicability of provisions of the Trea- jority leader is recognized. other issues raised by either party. ty to a new kind of strategic offensive arm; This clearly is very broad authority and discuss other issues raised by either Mr. REID. Mr. President, we are in a Party. position now—we don’t have the con- given to the BCC. In effect, the subject If amendments to the Treaty are nec- sent agreement completely fixed, but matter jurisdiction of the BCC seems essary, the Parties may use the BCC as a we know what we are going to do. We limitless, based on the clear language framework within which to negotiate such are going to have three votes, three dif- of article XII. amendments. However, once negotiated, such ferent amendments. There would be a Former National Security Adviser amendments may enter into force only in ac- half hour debate on each amendment. under President George W. Bush, Ste- cordance with procedures governing entry So we likely will have a series of votes phen Hadley, appeared before the For- into force of the Treaty. This means that they would be subject to the advice and con- at 8:15 or thereabouts tonight. Senator eign Relations Committee and ex- pressed concerns over this treaty. He sent of the United States Senate. KERRY will offer a consent agreement This provision ensures that the Senate’s to this effect very shortly. In the stated, with regard to the Bilateral Constitutional role in providing advice and meantime, we can start debating one of Consultative Commission: consent to the ratification of treaties is not the amendments. The Bilateral Consultative Commission undermined. seems to have been given authority to adopt, RULES GOVERNING THE WORK OF THE BCC The PRESIDING OFFICER. The Sen- without Senate review, measures to improve ator from Massachusetts. the viability and effectiveness of the treaty The BCC is required to meet at least twice each year in Geneva, Switzerland, unless the Mr. KERRY. Mr. President, I under- which could include restrictions on missile defense. Parties agree otherwise. stand there will be three amendments The work of the BCC is confidential, except we will proceed with. Two will be of- It is that element of Senate review if the Parties agree in the BCC to release the fered by Senator KYL and one by Sen- that this amendment would inject back details of the work. ator WICKER. Senator WICKER is pre- into the process. BCC agreements reached or results of its pared to call up his amendment. Others have voiced concern that the work recorded in writing are not confiden- mandate of the BCC is overly broad. tial, except as otherwise agreed by the BCC. The PRESIDING OFFICER. The Sen- This should trouble Senators. It is why ator from Mississippi is recognized. Mr. WICKER. The fax sheet mentions I offer this amendment to place proper on more than one occasion that AMENDMENT NO. 4895 limits on the power of the BCC. changes adopted by the BCC cannot af- Mr. WICKER. I ask unanimous con- I hold in my hand a fax sheet written fect substantive rights or obligations. sent to call up amendment No. 4895 by by the Department of State Bureau of It says under background: ‘‘The New Wicker and Kyl. Verification, Compliance, and Imple- START treaty authorizes the parties mentation, dated August 11, 2010. I ask The PRESIDING OFFICER. Without to use the Bilateral Consultative Com- unanimous consent that it be printed objection, it is so ordered. mission, BCC, to reach agreement on in the RECORD. changes in the protocol to the treaty, The clerk will report. There being no objection, the mate- including its annexes, that do not af- The legislative clerk read as follows: rial was ordered to be printed in the fect substantive rights or obligations.’’ RECORD, as follows: The Senator from Mississippi [Mr. WICK- Further down under authority of the [FROM THE BUREAU OF VERIFICATION, COMPLI- ER], for himself and Mr. KYL, proposes an BCC, the State Department fax sheet ANCE, AND IMPLEMENTATION, AUG. 11, 2010] amendment numbered 4895. says: ‘‘In addition to making technical BILATERAL CONSULTATIVE COMMISSION (BCC) changes to the protocol, including its Mr. WICKER. I ask unanimous con- Key Point: The New START Treaty estab- annexes that do not affect substantive sent that reading of the amendment be lishes the BCC to work questions related to rights or obligations, the BCC may,’’ dispensed with. Treaty implementation. The use of treaty- and then it lists the six bullets. First, The PRESIDING OFFICER. Without based commissions to agree on limited tech- nical changes to improve or clarify imple- resolve questions relating to compli- objection, it is so ordered. mentation of treaty provisions is a well-es- ance with the obligations assumed by The amendment is as follows: tablished practice in arms control treaties. the parties. Secondly, agree upon such

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On the other side, it ICBM launchers or SLBM and SLBM necessary to improve the viability and is a dangerous amendment because it launchers referred to in paragraph 3 of the effectiveness of the treaty.’’ If forces us to delay for months the im- article V of the treaty that distinguish those additional measures they might plementation of technical agreements such missiles and their launchers from approve at some point in time are that our inspectors ought to be allowed ICBM and ICBM launchers and SLBM changes to the protocol or to its an- to implement without delay. and SLBM launchers. Next, discuss on nexes and if the changes don’t affect I reserve the remainder of my time an annual basis the exchange of tele- substantive rights or obligations under and ask unanimous consent that upon metric information under the treaty. the treaty, then it is entirely allowable the use or yielding back of time speci- Fifth, resolve questions related to the for those changes to be adopted with- fied below, the Senate proceed to votes applicability of provisions of the treaty out referring them back to the Senate in relation to the following amend- to a new kind of strategic offensive for any advice or ratification. The Sen- ments to the resolution of ratification: arm. And finally, discuss other issues ators’ proposed amendment would Wicker 4895, Kyl 4860, and Kyl 4893; fur- raised by either party. But the changes make it U.S. policy all of a sudden that ther, that prior to the votes there be no may not affect substantive rights or the phrase ‘‘do not affect substantive second-degree amendment in order to obligations of the parties. rights or obligations’’ means ‘‘doesn’t any of the amendments and that there ‘‘Rules governing the work of the create new rights or obligations.’’ So be 30 minutes of debate on each amend- BCC: The BCC is required to meet at there is a distinction between affecting ment equally divided between the spon- least twice a year in Geneva unless the substantive rights and then having the sors of the amendment and myself and/ parties agree otherwise. The work of operative language that kicks it into or my designee or the designee of the gear become the creation of rights or the BCC is confidential, except if the sponsors; further, I ask unanimous con- obligations. This proposal is unneces- parties agree in the BCC to release de- sent that the time already consumed sary. by Senator WICKER and myself be tails of the work,’’ and ‘‘BCC agree- Why? We have operated without it ments reached or result of its work re- counted toward this agreement. for 15 years under the START treaty The PRESIDING OFFICER. Without corded in writing are not confidential without a single problem. The New . . . ’’ The BCC can agree to amend- objection, it is so ordered. START treaty uses the exact same ap- Mr. KERRY. How much time do I ments in the treaty, but they must be proach that has worked for 15 years. have remaining? submitted back to the Senate for ad- We have a lot of experience in deter- The PRESIDING OFFICER. The Sen- vice and consent. It is a very powerful mining what constitutes substantive ator has 9 minutes remaining on the commission, no doubt. And it is reas- rights or obligations. Wicker amendment. suring to have this fax sheet saying More importantly, I mentioned a mo- Mr. KERRY. I yield 3 minutes to the that substantive changes cannot be ment ago that this could be harmful to Senator from Maryland. made by the BCC. American interests. Here is how. It Mr. CARDIN. Let me thank Senator It would be more reassuring if we put would actually require that agree- WICKER for bringing forward this this in writing, and that is what the ments we want to move on and that act amendment. I know it is an amend- Wicker-Kyl amendment 4895 does. It is in our national security interest would ment he feels very strongly about. I very simple and it uses the State De- be delayed and referred to the Senate, compliment him because I believe a partment language, stating that provi- and we all know how long that could good part of what he was concerned sions adopted by the BCC that affect take, even if the new rights or obliga- about is already in the resolution of substantive rights—and these are the tions that they created were absolutely advice and consent on ratification. words used by the State Department in technical in nature. No matter how As the Senator pointed out, there is a the fax sheet—are those that create technical or trivial, they have to come consultation process before the Bilat- new rights or obligations for the to the Senate to become hostage to one eral Consultative Commission to meet United States and must therefore be Senator or another Senator’s other on any changes that would modify the submitted to the Senate for its advice agenda in terms of our ability to move, treaty itself. There has to be consulta- and consent. at least as structured here. tion with Congress on those issues, as The bottom line is this: If it is deter- Under START, the compliance com- the Senator pointed out in his com- mined that a substantive change has mission adopted provisions on how in- ments. So I think we have already been made by a decision of the BCC, spectors would use radiation detection taken care of the major concern the then that change should be subject to equipment to determine that the ob- Senator has that it would be a sub- the advice and consent of the Senate. jects on a missile that Russia declared stantive decision made by the Bilateral I urge a ‘‘yes’’ vote to this very sim- not to be warheads were, in fact, non- Consultative Commission. ple but straightforward amendment. nuclear and, therefore, not warheads. Secondly, let me point out that The PRESIDING OFFICER. The Sen- There was absolutely no need for the whatever the Bilateral Consultative ator from Massachusetts. Senate to hold hearings, write reports, Commission does, it is limited by the Mr. KERRY. Mr. President, the or have a floor debate on that provi- treaty itself, which, hopefully, will amendment offered by Senator WICKER sion, even though it created a new have been ratified by both the United is an amendment that is looking for an right for the inspecting side and a new States and Russia. So there will be a issue. There is no issue that is joined obligation for the hosting side in an in- limit on the ratification already in the here with respect to the bilateral com- spection. We don’t want to take away process. mission or what it might do with re- our ability to be able to do that. This As Senator KERRY pointed out, we spect to the creation of rights. But if amendment would do that. certainly do not want to hold up Sen- this amendment were to pass, there Similarly, the commission under ate ratification for minor administra- would be an issue, not only an issue START reached agreement from time tive issues, knowing how long Senate with respect to Russian participation to time on changes in the types of in- ratification of anything related to a but actually an issue that could be spection and equipment that a country treaty could take. harmful to the United States. This is a could use. Equipment changes over The last point I want to bring out is, little bit technical and it is a tricky time, as we know. Technology ad- the Senator mentioned missile defense, thing to follow in some ways, but let vances, so the equipment changes. Giv- and I know this has been brought up me lay this out. ing U.S. inspectors the new right to use over and over and over. But in our ad- Under the START treaty, the prior that equipment or the new obligation vice and consent to the ratification of treaty under which we have lived since to let Russian inspectors use it hardly the treaty, we have already put in that: 1992, and now under the proposed New warrants referral to the Senate for its . . . the New START Treaty does not im- START treaty, the consultative com- advice and consent. pose any limitations on the deployment of

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I think it is unworkable to try to get As part of START I, we reached a So we already put in the resolution the Senate involved in all the changes binding side agreement—a side agree- the concern that the Senator has in trying to say what is substantive ment—because the Senate had said we voiced as the major reason he wanted and what is not. I think you would be needed to include these weapons in the to expand the consultative process, interfering with the administration of treaty. So a side agreement was which is also already included in the the verification systems, et cetera. So reached that they would limit a de- resolution. I would just urge our colleagues to re- ployment of sea-launched cruise mis- I think the point Senator KERRY has ject the amendment. siles or the SLCMs due to their impact raised is that this would make it tech- I say to Senator WICKER, I think on on strategic stability, the point being nically unworkable for the Bilateral our side we are prepared to yield back. that whether these sea-launched cruise Consultative Commission to do its So if the Senator would like to—— missiles are deemed tactical or stra- work if we required Senate consulta- Mr. WICKER. Mr. President, I yield tegic, they actually have a strategic tion or ratification every time the back. component, especially if they are sit- Commission wanted to meet. Mr. CARDIN. Mr. President, we yield ting right off your coast and they are For all those reasons, I urge my col- back the time on this amendment. launched and they can hit your coun- leagues to reject the amendment. As I understand the unanimous con- try. So that agreement was put into a The PRESIDING OFFICER. Who side agreement between the then-So- yields time? sent agreement, it is 30 minutes per amendment. Then I think we are pre- viet Union and the United States. The Senator from Mississippi. But when this New START treaty Mr. WICKER. Mr. President, if no one pared to go to Senator KYL for his amendment. was negotiated, there was no similar else seeks time on this amendment, I side agreement. So there were no re- would be prepared to close. The PRESIDING OFFICER. The Sen- ator from Arizona. strictions on SLCM deployments. The It may be that my friend from Mary- side agreement in the START treaty land is satisfied that there are no re- Mr. KYL. Mr. President, a point of inquiry before I begin. Is there a reason limited both nations to fewer than 800 strictions on missile defense in this as- SLCMs with a range greater than 600 pect of the treaty. But it did not sat- I should speak to either amendment No. 4860 or amendment No. 4893 first? kilometers. In the 2010 Nuclear Posture isfy Stephen Hadley, the National Se- Review, the administration committed curity Adviser to former President The PRESIDING OFFICER. The Sen- ator can speak in whatever order he to unilaterally eliminating our SLCM George W. Bush, who came before our capability. committee with concerns. wishes, but neither amendment has been offered. The United States will retire the nuclear- It seems to me we have a very simple equipped sea-launched cruise missile (TLAM- way to address those concerns. Let me Mr. KYL. Thank you, Mr. President. N). reiterate to my colleagues the quote of AMENDMENT NO. 4860 Under Secretary Miller said: Mr. Hadley: Then, Mr. President, with that, I The timeline for its retirement will be over The Bilateral Consultative Commission would like to offer amendment No. the next two or three years. seems to have been given authority to adopt 4860, SLCM side agreement, which I be- Now Russia is developing a new without Senate review measures to improve lieve is pending at the desk. I would version of its SLCM, with a range of up the viability and effectiveness of the Treaty ask for its consideration. to, approximately, 5,000 kilometers, which could include restrictions on missile The PRESIDING OFFICER. Is there defense. which is a longer range than some of objection? the ballistic missiles that are covered I would also agree with my colleague Without objection, the clerk will re- by the New START treaty. from Maryland that, indeed, the BCC port the amendment. So that is why we believe there has the authority to negotiate amend- The assistant legislative clerk read should be a side agreement, just like ments to the treaty. That is acknowl- as follows: there was in START I, that deals with edged in the factsheet by the State De- The Senator from Arizona [Mr. KYL] pro- these SLCMs. We are not going to have partment. poses an amendment numbered 4860. them, Russia is. Yet there is nothing in The simple step beyond that I am Mr. KYL. Mr. President, I ask unani- the treaty that would count their trying to do with my amendment is to mous consent that reading of the SLCMs against the total limit of war- make it clear, using the terms supplied amendment be dispensed with. heads or delivery vehicles that are al- to us by the State Department that The PRESIDING OFFICER. Without lowed under the treaty or in any other say: The BCC cannot make changes objection, it is so ordered. way deal with them. that affect the substantive rights or The amendment is as follows: The administration assures us we obligations of the United States. I am (Purpose: To require a certification that the should not be concerned about a lack of trying to make that part of the resolu- President has negotiated a legally binding a formal agreement. Secretary Clinton tion of ratification, and that is all it side agreement with the Russian Federa- noted that the START I treaty did does. It says if the BCC adopts provi- tion that the Russian Federation will not have a limitation on sea-launched sions that affect substantive rights or deploy a significant number of nuclear- cruise missiles and said that both par- obligations under the treaty that cre- armed sea-launched cruise missiles during ties ‘‘voluntarily agreed to cease de- the duration of the New START Treaty) ate new rights or obligations, that ploying any nuclear SLCMs on surface those changes must come back to the At the end of subsection (a) of the Resolu- ships or multipurpose submarines.’’ Senate. It is in addition to the require- tion of Ratification, add the following: But today it is obvious, with the in- (11) LIMITATION ON NUCLEAR-ARMED SEA- ment that amendments to the treaty formation about Russian plans, that LAUNCHED CRUISE MISSILES.—Prior to the come back to the Senate for ratifica- entry into force of the New START Treaty, there is going to be a great disparity tion, and it is a protection of the rights the President shall certify to the Senate between the United States and Russia. of this body to continue to have a role that the President has negotiated a legally As I said, it is not obvious that saying in substantive modifications that binding side agreement with the Russian one is tactical, as opposed to the stra- might come out of the BCC. Federation that the Russian Federation will tegic weapons that are otherwise lim- I urge the adoption of this amend- not deploy a significant number of nuclear- ited by this treaty, is a very important ment. armed sea-launched cruise missiles during distinction. I think it is really a dis- The PRESIDING OFFICER. Who the duration of the New START Treaty. tinction without a difference. yields time? Mr. KYL. Mr. President, this is actu- Steve Hadley, the former head of the The Senator from Maryland. ally a very straightforward amend- NSC, said: Mr. CARDIN. Mr. President, I will ment. It simply seeks to repeat in this And if you’re living in eastern or central say, I think we just have a disagree- New START treaty the same thing the Europe, a so-called tactical nuclear weapon,

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We have a lot of security If we were the Russians and the U.S. mony before the Foreign Relations issues as they relate to Russia, as they Senate said: We are not going to do Committee, said: relate to Europe, and as they relate to this until this, we would be looking at Every time I hear the term ‘‘nonstrategic the sea-launch cruise missiles. I a long road where we have reopened all nuclear weapons,’’ I recall that no nuclear couldn’t agree with the Senator more. of the different relationships and we weapon is nonstrategic. But this falls under the same category have discarded this one component of If you stop and think about it, that is of the discussion we had earlier about a our nuclear deterrent that we find so certainly true. side agreement on tactical weapons. critical, which is the submarine- So these weapons, which are very These are all beneficial issues, but it launched missiles, the intercontinental powerful, and can have a range of up to is not the key issue that is before us 5,000 kilometers, clearly need to be ballistic missiles, and the heavy bomb- today. If we were to adopt this amend- dealt with. ers. That is the heart of our nuclear de- Now, we did not want to insist that ment, I think we all would agree it terrence. We want to know what they they go back and renegotiate the trea- would cause a considerable delay in the are doing and they want to know what ty because we heard that argument be- implementation of the START treaty. we are doing, and that is how you pro- fore, so what we are suggesting by this Let me remind my colleagues that vide the greatest stability. amendment is simply to do the same the START treaty, according to our In addition to that, Secretary Gates thing we did in START I—just have it military experts, is needed now. We and Secretary Clinton have both rein- be a side agreement where the two par- have been a year without having in- forced that many times, but here is the ties would agree to limit the number. spection regimes in Russia so we can important thing to think about as we Our administration would limit the get the intelligence information we think about what the impact on this Russians so they would not have a sig- need by people on the ground. That ex- treaty would be. Nuclear-armed sea- nificant number of these particular pired in December of last year. So we launched cruise missiles—or SLCMs, as weapons. have already been delayed through this we call them in the crazy vernacular of Just a point, by the way: In the event year, and the longer we delay, the less this place—these are tactical weapons, there are folks who do not believe the reliable the information we have for and although this amendment seems to Russians intend to rely on their weap- our own national security. suggest that Russian SLCMs could ons such as the SLCMs, Under Sec- Although it would be nice to have all upset the strategic balance between retary of Defense Flournoy said: The of these side agreements with Russia the United States and Russia, the truth Russians are ‘‘actually increasing their on a lot of other issues, every time we is, they cannot. They don’t do what reliance on nuclear weapons and the ask our negotiators to do that, it takes this amendment seems to suggest. role of nuclear weapons in their strat- time. It takes a lot of time to nego- For many years, going back at least egy.’’ tiate. It is not all one-sided when you to the Reagan administration, we have Secretary Gates has made the same negotiate. My colleagues know that. considered these kinds of weapons to be point. He said: We know that here as we negotiate nonstrategic weapons, tactical weap- Ironically, that is the case with Russia issues. ons. Even if they are long range, we today, which has neither the money nor the This is an important issue, but it consider them that. Secretary Gates population to sustain its Cold War conven- shouldn’t delay the ratification and and Admiral Mullen explained why in tional force levels. Instead, we have seen an implementation of the New START their answer to a specific question increased reliance on its nuclear force with treaty so that we can get our inspec- from the Senate. They said: new ICBM and sea-based missiles, as well as tors on the ground, giving us the infor- Russian nuclear-armed sea-launched cruise a fully functional infrastructure that can mation we need for our own national manufacture a significant number of war- missiles . . . could not threaten deployed heads each year. security as it relates to the strategic submarine-launched ballistic missiles (which capacity of Russia. will comprise a significant fraction of U.S. And the Strategic Posture Commis- For all of those reasons, I urge my strategic force under New START), and sion noted: colleagues to reject the amendment. would pose a very limited threat to the hun- This imbalance in non-strategic nuclear The PRESIDING OFFICER. The Sen- dreds of silo-based ICBMs that the United weapons, which greatly favors Russia, is of ator from Massachusetts. States will retain under New START. rising concern and an illustration of the new In other words, Russian nuclear challenges of strategic stability as reduc- Mr. KERRY. Mr. President, the Sen- tions in strategic weapons proceed. ator from Maryland is absolutely cor- SLCMs can’t take out our nuclear de- The point has been made by many rect, and I appreciate him pointing terrent in a first strike. That means if others as well. that out. I think I have said many Russia were to use nuclear SLCMs So I think this is fairly straight- times in the course of this debate that against us, we could still use most of forward. It would require the United it is imperative for us to deal with the our strategic nuclear weapons and de- States to negotiate a side agreement issue of tactical nuclear weapons. In liver an absolutely devastating blow in with Russia, very similar to the side fact, the resolution of ratification has return. No logic in the sort of give-and- agreement we had under START I, to a section in it which specifically ad- take of war planning, as horrible and deal with a weapon that we are no dresses this and urges the President to as incomprehensible as it is to most longer going to have, but the Russians move to that. people with respect to nuclear weap- are apparently developing a new I might add that the Senator from ons, but it has all been done, appro- version of, that has a pretty substan- Florida, Mr. LEMIEUX—we are just fin- priately, because they do exist, and it tial range—5,000 kilometers. Clearly, it ishing up an agreement on an amend- is important to our security. But no is very difficult to distinguish the dif- ment which will, in fact, add an addi- warfighting under those situations is ference between a weapon like that and tional component. It is an amendment going to reduce our ability to not just the strategic offensive weapons that we intend to accept, and it will add an defend ourselves but to annihilate any- are otherwise dealt with in the treaty. additional emphasis on this question of one who would propose or think about I hope my colleagues will recognize tactical weapons. doing that. this is not a treaty killer, and it is But not only is there no benefit to Ironically, it was the Soviets who something that needs t be addressed. delaying this treaty from going into ef- once wanted to do what Senator KYL is Thank you, Mr. President. fect—I mean, that is what the amend- actually seeking to do. They wanted to The PRESIDING OFFICER. Who ment of the Senator from Arizona will categorize SLCMs as strategic weapons yields time? do. Until this new verification and lim- because we used to deploy a nuclear Mr. KERRY. Mr. President, I yield 5 itation mechanism is put into effect— version of the Tomahawk on our at- minutes to the Senator from Maryland. the fact is that most of our experts, tack submarines, and the Soviets

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If it SLCMs tactical weapons, and they also Mr. KERRY. Will the Senator yield? wasn’t, why wasn’t it? And if it was be- thought that limits on nuclear sea- Mr. KYL. On the Senator’s time, I cause we didn’t think there was any launched cruise missiles are inherently would be happy to. threat to the United States, then I unverifiable. That is, in part, because Mr. KERRY. I would be happy to think it would be very important to we didn’t want to give the Soviets that urge, if he wants to change the amend- ask some of our military folks why much access to our submarines in re- ment or if he wants to submit—it is too they think that is the case given the turn for access to theirs, and we don’t late now, but we could perhaps do a kinds of targets that could be held at want to do it now with the Russians. modification by unanimous consent to risk here and given the fact that we ap- Now, maybe people were wrong about urge the President to enter into an parently reached a different conclusion that, but I just don’t see the wisdom in agreement but not shelve the whole during the START I treaty implemen- putting the treaty we have agreed on treaty until that happens. That is the tation phase when the side agreement on the shelf while we go out and try to difference. So I am not going back on was negotiated with the then-Soviet experiment with a new approach that the notion. It would be great to get a Union. nobody has argued is imperative for side agreement, but don’t hold this So I don’t think it would delay any- the security of our country. agreement up in the effort to do it. thing. We do posit it as a side agree- Back then, we did agree in politically The PRESIDING OFFICER. The Sen- ment rather than an amendment. We binding declarations to a limit of 880 ator from Arizona. just say that the administration should deployed long-range nuclear SLCMs Mr. KYL. Mr. President, there was no negotiate so that there wouldn’t be a and to declare at the beginning of the delay in the implementation of the significant number of SLCM deploy- year how many SLCMs we intended to START I agreement because of a re- ments by the Russians given the fact deploy for that year. Those political quirement that a side agreement be en- that we are not doing any. declarations stayed operative for many tered into between the then-Soviet I do have to say that I fundamentally years, and, in fact, Secretary Gates Union and the United States on disagree with the assertion of my col- stated for the record that as recently SLCMs. So I don’t buy the notion that league that this kind of weapon can’t as December of 2008, Russia has de- this necessarily would delay anything. upset the strategic balance. If you have clared that it planned to deploy zero Secondly, we are not talking about a weapon that can fly over 3,000 miles nuclear SLCMs. tactical missile limitations generally. with a nuclear warhead, which could be Shortly after START was signed in All we are doing is talking about the just as big of a nuclear warhead as on 1991, the United States and Russia each same kinds of missiles that were the a bomber or an intercontinental bal- pledged as part of the Presidential nu- subject of the side agreement under listic missile, with all of the targets on clear initiative to cease deploying any START I. I suspect that part of the our eastern seaboard or western sea- nuclear SLCMs on surface ships or at- reason was because it is pretty difficult board that would be held at risk for tack submarines. So while we have four to distinguish as to whether these such a weapon—in fact, 3,000 miles— former ballistic missile submarines weapons are being used for a strategic you won’t have to be far off either of converted to cruise missile submarines, or a tactical purpose. Senator KERRY our two U.S. coasts to hit most targets we are no longer deploying our nuclear has said they cannot upset the stra- within the continental United States. Tomahawk missiles on any U.S. sub- tegic balance. I simply totally disagree This is a weapon that it seems to me marines. The Presidential nuclear ini- with that proposition. They absolutely we should be concerned about. There- tiatives are still operative for us and can upset the strategic balance, de- fore, I urge my colleagues to support for the Russians, and we think we are pending upon where they are located or calling for a side agreement that would more secure that way. how they intend to be used. That is one deal with the SLCMs just as we did So I see nothing to be gained from of the reasons I suspect they were lim- under the START I treaty. negotiating a new binding agreement ited under the START I treaty. I reserve the remainder of my time. in the context of holding up this trea- My colleague said they can’t threat- The PRESIDING OFFICER. Who ty, of putting it on the shelf, and of en our submarine fleet at sea and they yields time? going back in an effort to do that. pose only a limited threat to ICBM The PRESIDING OFFICER. The Sen- This amendment would delay the sites. Well, that may be the opinion of ator from Maryland is recognized. New START for months or years, our experts. They could sure threaten Mr. CARDIN. Mr. President, I say to throw an entire curveball back into our submarine bases in Washington Senator KYL, these missiles are not what I talked about yesterday, which State at King’s Bay. They could take strategic. Do they affect our strategic is that theory of negotiation that noth- out bases or other assets we have. balance? I say that everything in our ing is agreed upon until everything is In fact, let me quote from a Russian defense toolbox can affect our strategic agreed upon. And in this case, if we article, the RIA Novosti Report of balance. That was taken into consider- say: Oh, no, ain’t agreed upon, sorry, April 14, 2010, on the Graney class nu- ation in the negotiations. I thank him we are coming back to say you have to clear submarines: for bringing this issue to our attention, agree with us on tacticals before any of Graney class nuclear submarines are de- but for the reasons we have stated, we this becomes law, we have opened the signed to launch a variety of long-range urge our colleagues to reject the entire negotiation again. How reliable cruise missiles up to 3,100 miles or 500 kilo- amendment. and what kind of partnership is that? I meters with nuclear warheads and effec- We are prepared to go to the Sen- don’t think that makes sense. I fail to tively engage submarines, surface warships, ator’s next amendment if he is pre- see any point in going down that road. and land-based targets. pared to go forward. I urge my colleagues to defeat this Obviously, at 5,000 kilometers, as I Mr. KYL. Mr. President, I will re- amendment, and I reserve the remain- said, that is a range longer than some spond with about 30 seconds. Then I der of our time. of the ballistic missiles that are cov- will be prepared to go to my next The PRESIDING OFFICER. The Sen- ered by the New START treaty. So amendment. Perhaps I can reserve ator from Arizona has just under 8 these weapons—it is a little hard to whatever time I have left on there to minutes. characterize them as either tactical or make a closing argument. Mr. KYL. Mr. President, I am a little strategic. I think it depends upon how I really do sincerely appreciate the bit flummoxed here because I thought they are used. characterization of these issues we in a conversation I had a couple of days But the point is, if my colleague be- have raised as serious and important. I ago with Senator KERRY that side lieves they can’t threaten anything, do appreciate that. I do think, though,

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That is cess and monitoring, and is subject to a important because while we are not de- delayed when we reached a side agree- certification that the Russian Federation ment. veloping a new generation of missiles, has agreed that it will not deny telemetric the Russians are. We will be denied the I think, in any event, the question is exchanges on new ballistic missile systems telemetry of those missile tests if the this: Should the United States delay, if it deploys during the duration of the Trea- ty) Russians decide to deny it. Our intel- that is what is called for, in order to At the end of subsection (a) of the Resolu- ligence community has told us that improve the treaty in important re- tion of Ratification, add the following: this is of great value to us in assessing spects? If it is conceded that this is an (11) COVERS.—Prior to entry into force of the capabilities of Russian missiles. important aspect, then it seems to me the New START Treaty, the President shall Under the treaty, they don’t have to that it is worth taking time to do it certify to the Senate that the President has provide anything. They could provide right. reached an agreement with the Government telemetry on old missiles they are test- of the Russian Federation on the non-use of Most of the arguments that have ing, and they don’t have to provide any covers by the Russian Federation that tend on any of the new missiles they are been made in response to the amend- to interfere with Type One inspections and ments we have raised boil down to: The accurate warhead counting. testing. We believe that should be Russians won’t want to do what you (12) TELEMETRY.—Prior to entry into force done. The same thing with respect to say, and therefore we need to reject of the New START Treaty, the President any ballistic missiles deployed during your amendment because it would re- shall certify to the Senate that the United the duration of the treaty. quire some renegotiation. I get back to States has reached a legally-binding agree- Then we turn to the subject of in- ment with the Russian Federation that each the point I have made over and over: spections. There are different kinds of party to the Treaty is obliged to provide the inspections, but we are talking here Then what is the Senate doing here? other full and unimpeded access to its telem- Why would the Founders have sug- about type one inspections in which we etry from all flight-test of strategic missiles say that the United States would con- gested we should have a role in relation limited by the Treaty. sider it a violation of the deployed war- to treaties if every time we try to (13) TELEMETRIC EXCHANGES ON BALLISTIC head limit and a material breach of the change something, the argument is MISSILES DEPLOYED BY THE RUSSIAN FEDERA- treaty if the Russians do one of two that you cannot change a comma be- TION.—Prior to the entry into force of the New START Treaty, the President shall cer- things: No. 1, any type one inspection cause the other side wouldn’t like that tify to the Senate that the Russian Federa- that revealed that the Russian Federa- and that would require renegotiation? tion has agreed that it will not deny tele- tion had deployed a number of war- There is nothing that serious about metric exchanges on new ballistic missile heads on any one missile in excess of this treaty that it has to go into effect systems it deploys during the duration of the the number they declared for that mis- Treaty. tomorrow. The Washington Post had an sile; No. 2, any action by the Russian editorial, and they said that no great At the end of subsection (b), add the fol- lowing: Federation that impedes the ability of calamity will befall the United States (4) TYPE ONE INSPECTIONS.—The United the United States to determine the if this treaty is not concluded before States would consider as a violation of the number of warheads deployed on any the end of the year. I think that is al- deployed warhead limit in section 1(b) of Ar- one missile prior to or during a type most a direct quotation. There is no ticle II of the Treaty and as a material one inspection. immediate national security reason to breach of the Treaty either of the following That gets to the issue of covers do so. I know the administration would actions: again. Why is this important? Because like to get on with it, but no great (A) Any Type One inspection that revealed we are supposedly counting weapons in the Russian Federation had deployed a num- this treaty, warheads. There is a limit harm will befall us if we take time to ber of warheads on any one missile in excess do it right. If we are not willing to do of the number they declared for that missile. of 1,550 warheads. How can we possibly that, the Senate might as well (B) Any action by the Russian Federation verify compliance if, when we seek to rubberstamp what the President sends that impedes the ability of the United States count the number of warheads on top up because the argument will be that if to determine the number of warheads de- of missiles we have designated and we try to suggest changes, the other ployed on any one missile prior to or during have a right to inspect, we can’t count side will reject them and we could not a Type One inspection. the warheads? You tell me how we are possibly abide that. Mr. KYL. Mr. President, I would have supposed to assume how many war- preferred to deal with each of the sub- heads there are on the top of that par- I will reserve the remainder of time jects in this amendment individually on this amendment. ticular missile or why we should not because each one is very important. To deem it a material breach if they de- AMENDMENT NO. 4893 accommodate the other side’s desire to clared a certain number of warheads try to get as much done as quickly as Mr. President, I call up amendment and it turns out there are more. possible, we consolidated some amend- I think these are commonsense No. 4893, which I believe is at the desk, ments, and there is a lot in this. I re- changes that would strengthen the ver- and ask for its immediate consider- gret that we don’t have time to get ification provisions of the treaty. ation. into detail about each one of them. It is too bad Senator BOND is not here The PRESIDING OFFICER. The This amendment amounts to an ef- tonight. He is the ranking Republican clerk will report. fort to try to improve the verification member of the Intelligence Committee. The assistant legislative clerk read of the treaty to deal with a variety of In the classified session we had yester- as follows: issues which have been raised in the day, he talked about the deficiencies in past and which we believe are inad- verification under this treaty. This The Senator from Arizona [Mr. KYL] pro- equately dealt with by the treaty. One subject doesn’t permit us to get into a poses an amendment numbered 4893. of them involves covers, the kinds of lot of detail in open session. Mr. KYL. I ask unanimous consent things the then-Soviet Union and now We have heard a lot about past cheat- that reading of the amendment be dis- Russians consistently put over the ing by the Russians and the kinds of pensed with. warheads so that it is impossible for things that were done. What we are our inspectors to see what is under trying to do with these basic compo- The PRESIDING OFFICER. Without them, to see how many warheads are nents is to make it less likely that the objection, it is so ordered. under them. That has been a problem Russians would cheat, and if they do, it The amendment is as follows: in the past. would less likely have an impact on the

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So neither not true. The verification provisions of vealed the Russians had deployed a side is sort of looking at the actual this treaty are not as strong as under number of warheads on any one missile warhead. The START treaty—the the START I treaty. There is an argu- in excess of the number they declared original START treaty, therefore, to ment that they don’t need to be for for that missile or that they continued deal with that issue, lets the inspected various reasons or the Russians weren’t to use covers that deny us the ability party cover the warheads on the front willing to allow them to be for various to see exactly how many warheads of the inspected missile, but it allows reasons. I don’t think you can say the they have on their missiles. us to inspect any cover before it is used verification is better. Mr. President, I hope my colleagues so that we know what it can and can’t Former Secretary of State James would recognize that verification is a conceal. We know what that cover is Baker, who testified, said: problem under the treaty. This is a permitting us to see. modest way to try to deal with specific What is more, paragraph 11 of section The verification mechanism in the New (2) in the treaty’s annex on inspections START Treaty does not appear as rigorous aspects of that verification. I hope my or extensive as the one that verified the nu- colleagues would be willing to support says explicitly—this is in New START: merous and diverse treaty obligations and the amendment. The covers shall not hamper inspectors. prohibitions under START I. This complex I reserve the remainder of my time. We did not have that previously. part of the treaty is even more crucial when Mr. KERRY. Mr. President, I ask That is new to this treaty. fewer deployed nuclear warheads are allowed unanimous consent that when the Sen- As a result of what we have learned than were allowed in the past. ate votes on the three amendments, as in START, we have learned how to That is obvious. The more you get provided under the previous order, look and how to ask for things more down to a smaller number, the more those votes occur in the order listed in appropriately, and our negotiators important cheating is, the more dra- that agreement. worked that into this treaty so as to matic the effect can be, and the better The PRESIDING OFFICER. Without protect our interests. verification you need. objection, it is so ordered. In fact, the covers are not allowed to Senator MCCAIN said this: Mr. KYL. Might we also add that the hamper the inspectors in ascertaining The New START Treaty’s permissive ap- second two votes would be 10-minute that the front section contains a num- proach to verification will result in less votes? ber of reentry vehicles equal to the transparency and create additional chal- Mr. KERRY. That is a good sugges- number of reentry vehicles that were lenges for our ability to monitor Russia’s tion. I ask unanimous consent that the declared for that deployed ICBM or de- current and future capabilities. second two votes be 10 minutes in ployed SLBM. The virtue of the New START treaty Former CIA Director James Woolsey length. is that these declarations and the spe- said: The PRESIDING OFFICER. Without cific alphanumeric numbers that are New START’s verification provisions will objection, it is so ordered. provide little or no help in detecting illegal Mr. KERRY. Mr. President, let me going to be attached to the launchers and these warheads allow us enormous activity at locations the Russians fail to de- first compliment my colleague from clare, are off-limits to U.S. inspectors, or are certainty in the randomness of our Arizona, who has been dogged, if noth- underground or otherwise hidden from our choices of where we go. If the Russians ing else, in his advocacy with respect satellites. are cheating or somebody is over for to his points of view regarding this Senator BOND made a comment that one reason or another, we have great treaty. And while I and other Senators I have quoted before, which is this: capacity to decide where that might may disagree with a specific amend- be, where we think the best target of New START suffers from fundamental ver- ment he proposes because of its impact ification flaws that no amount of tinkering opportunity is, and to lock that place as well as, in some cases, because of around the edges can fix. . . . The Select down and go in and check it. There are something else, that doesn’t mean the Committee on Intelligence has been looking enormous risks of being discovered as a at this issue closely over the past several Senator isn’t raising valid questions consequence of the way we have set months. . . . There is no doubt in my mind for future discussions and things on that up. that the United States cannot reliably verify which we ought to be focused. I know The treaty already forbids Russia the treaty’s 1,550 limit on deployed war- he spends a lot of time with this. I heads. from using covers that interfere with think all of us have a lot of respect for warhead counting. It would create a To conclude, the amendment would the ways in which he has already im- very dangerous precedent, in my judg- require the President to certify that he pacted this treaty. I give him credit for ment, to require that we negotiate has reached an agreement with Russia that. now, before we put the treaty into ef- on the nonuse of covers that interfere This particular amendment is a com- fect, a side agreement on the very same with type one inspections and accurate bination of about four different amend- thing. That might suggest that other warhead counting during those inspec- ments that have come together. I un- New START provisions do not need to tions. It doesn’t solve the problem of derstand why that happened. I am not be obeyed because there is no side deal determining the total number of war- complaining about that at all. It is just reinforcing them. What is the impact heads Russia deploys, but it would re- that there is a lot in it, and therefore of the side deal? Does the side agree- duce a method of deception Russia has there are different reasons one ought ment, incidentally, have to be ratified used in the past. to oppose this amendment. by the Senate before it goes into ef- On telemetry, the amendment would Let me say that, first of all, the New fect? There are a lot of imponderables require the President to certify that he START, I think in most people’s judg- here. has reached a legally binding agree- ment, addresses the concerns that have With respect to the agreement on te- ment with Russia that each party is been raised by the Senator from Ari- lemetry, the requirement for a legally obliged to provide the other full and zona. binding agreement with Russia that unimpeded access to its telemetry from The purpose of warhead inspections both parties have to provide telemetry all flight tests of strategic missiles, in- is to count the number of warheads on on all flight tests of ICBMs and cluding on new ballistic missile sys- the missile. Neither side is comfortable SLBMs, which is what the Senator is tems deployed by the Russians. They with the other actually seeing the war- seeking, would also delay the START are free now to encrypt those tests. heads, looking into it and seeing it. We treaty into force by the same months That makes it much harder to get in- are not comfortable with them doing or years about which we talked. formation we have found to be very that to us, and they are not com- That argument has been hammered valuable. fortable with us doing that to them. around here the last 7 days adequately.

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The Russians one inspections. believe, therefore, that if we make this would have to give us the good stuff If you are for the treaty, there is treaty condition precedent on the while we would give them telemetry only one vote, and it is to vote no. I agreement of a side agreement, which from launches that were no different very much regret this because I respect we know the Russians hate to do, that from 30 other tests over the last 20 the Senator. As I see it—and there are is a way of buying into gridlock, dead- years. things I cannot go into here that I lock, nothing. I have to tell you, that sort of agree- tried to go into yesterday—this is a I do not think anybody would sug- ment is not going to happen. It is in a poison pill amendment. gest—we have already been through fantasy land, and the President would The PRESIDING OFFICER. Who this a little bit, incidentally. I and oth- never get that side deal with Russia. yields time? ers strongly urged the President and The New START treaty would never The Senator from Arizona. Mr. KYL. Might I inquire how much his negotiators to seek as significant come into force. telemetry as possible. For a lot of rea- I yield the remainder of my time to time remains on this side? The PRESIDING OFFICER. There is sons, it did not turn out that it was the Senator from New Hampshire. 7 minutes remaining. achievable from their side, but it also The PRESIDING OFFICER. The Sen- Mr. KYL. Mr. President, let me take did not turn out it was desirable on our ator from New Hampshire. 3, 4, 5 of those minutes. I appreciate my side altogether. Mrs. SHAHEEN. Mr. President, I will colleagues’ compliments about impor- Russia is testing new systems such as speak only for about 1 minute and then tant issues being brought up, and I also the Belava SLBM, and the United give the rest of my time to Senator appreciate their concern that amend- States may test only existing types of FEINSTEIN who wishes to speak to the ments of this significance would cause missiles during the next decade. That question of the covers. heartburn for the Russians and might is a reason why the Russians obviously I do not want to speak to the tech- well require them to want to renego- resist this very significantly. nicalities that have been raised, but I tiate aspects of the treaty. I am trying A lot of people have suggested that want to make two points in response to to address that through the mechanism our military does not want to share the Senator KYL’s concern about verifica- of the side agreement rather than telemetry on all our flight tests of tion. amendment to the treaty or some kind ICBMs and SLBMs. They are pretty We should all be concerned about the of other more restrictive method. I happy the way the treaty is structured fact that right now we have no inspec- thought that would be the preferable now, including the provisions for te- tors on the ground. We have no way to way to do it. lemetry which allow us five telemetry verify what is going on in Russia. Any- It is not my intention, as with the exchanges. We have to agree on them, thing that delays our ability to get previous amendment, to delay things. I but they are allowed under the treaty. that intelligence back on the ground in do not think it necessarily would. But If that were not true, there is no way Russia adds to the urgency of the situ- I do appreciate that on a couple of the Chairman of the Joint Chiefs of ation. That is a very important point. these items the Russians would not Staff Admiral Mullen would have sent The other issue he raised was relative likely want to renegotiate. the letter he sent to the entire Senate to why do we need to do this now. The I am not so sure that would be the where he stated he wants this treaty fact is, as Senator KERRY pointed out, case with regard to the covers, this ratified now, he wants it implemented we received a letter from ADM Mike question of the kind of shroud or cover now, and he believes, consistent with Mullen, the Chairman of the Joint you put over the missile bus, the top of everything people said within our na- Chiefs, yesterday that said the sooner the missile that has the warheads since tional security network, that this trea- we ratify the treaty, the better. James the treaty does deal with it, as my col- ty is both verifiable and enhances our Clapper, Director of National Intel- leagues have pointed out, but I do not capacity to be able to count and know ligence, said about New START the think it does so in a conclusive way. what the Russians are doing. earlier, the sooner, the better we get The 2005 compliance report issued by The requirement for Russian agree- this done. There is a lot of reason to the State Department to discuss com- ment not to deny telemetry on the new believe we need to act on this treaty pliance of the Russian Government ballistic missile systems it develops and need to do it now. with respect to the START I treaty had during the duration of the treaty is re- I yield to the Senator from Cali- a couple of longstanding issues. The dundant with the previous part about fornia. issue of shrouds was one that they which we just talked. The PRESIDING OFFICER. The Sen- characterized as of long standing. They Again, the amendment requires a ator from California. had a very hard time getting that re- side agreement with the Russians. It is Mrs. FEINSTEIN. Mr. President, I solved with the Russians. In the end, the absolute equivalent of amending thank the Senator from New Hamp- there was a particular accommodation the treaty itself and, therefore, I would shire. reached, but it took forever. And dur- oppose that. Senator KYL is a very smart man. ing that time, we did not have the kind The New START’s telemetry ex- This is a major amendment. In my of satisfaction we wanted. change regime involves negotiating the view, it is a deal breaker. It is a poison We asked how disputes would be beginning of next year, assuming this pill for the entire treaty. It essentially dealt with, and we get the same basic goes into effect, which missile tests provides real changes in the treaty. answer. That would go to the Bilateral from the past year we are willing to It says the President, prior to the Consultative Commission, the group of share. treaty going into effect, must certify Russian and U.S. negotiators who are May I ask how much time I have? that he has achieved certain side agree- supposed to work these things out. The PRESIDING OFFICER. The Sen- ments, and those side agreements What I can see is a kind of repeat of ator from Massachusetts has 6 min- strike directly at some of the heart of what we had before. They like to cover utes. the treaty. Therefore, it will effec- these things up and that does not seem Mr. KERRY. Mr. President, I want to tively, in my view, be unacceptable to to me the way to enter into a treaty reserve time for the Senator from New the Russians and will destroy the trea- where we are supposed to be in agree- Hampshire. ty. ment with our counterparts and yet we The New START regime requires us The treaty now says you cannot have unresolved issues we have to leave to negotiate at the beginning of next block an inspector’s ability to ascer- to another day to be resolved through a year what we are going to share. If we tain warheads on a reentry vehicle. long and probably difficult negotiation do not offer anything interesting, Rus- That covers the cover issue. This again process.

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I suggest I we are not going to be engaging in a KYL’s amendment does, which is to say do not think the intelligence commu- multiple nuclear exchange with an- prior to the entry into force of that nity would use a phrase such as ‘‘enor- other country but might well have a treaty the President shall certify to mous certainty.’’ We cannot get into need based upon intelligence that does the Senate that there was a legally here the degree of percentage they at- not have a very long shelf life that we binding side agreement. That was not tach to being able to know certain want to send a conventional warhead part of START I, and it would seem to things under this treaty. to a specific target and that is some- me would absolutely derail this New Suffice it to say that we are not ab- thing we would like to develop but the START agreement. solutely sure we can do what needs to Russians are not interested in doing Second, that was a political agree- be done here, and I do not think char- that. So did we say to the Russians: So ment, that side agreement that was en- acterizing it as ‘‘enormous certainty’’ because you are not doing it and we tered into, which would last as long as would be an accurate way to do it. are, therefore, we are not going to have the Presidents of both countries were Let me mention with regard to te- any limitation on this? No. We agreed, in office but would not necessarily last lemetry—first of all, let me correct one in fact, to a very important limitation. beyond that because it was not a le- thing that is a little bit of misdirection Any missiles we use in that regard gally binding agreement in that sense. and then agree with my colleagues on have to be counted as if there were a So there are two major differences something else. nuclear warhead on top of it. So there between what happened at the time of There is a suggestion that we can get is a 700-vehicle limit. That is all the START I and what is being proposed telemetry on five missiles, and that is number of missiles we can have. And here by Senator KYL. I hope we could true if the Russians agree. In other yet any missiles that we put a conven- defeat the Kyl amendment No. 4860. words, they have to volunteer to do it. tional warhead on that have this ICBM The PRESIDING OFFICER. The Sen- The five missiles they tell us about can range have to be counted against that ator from Massachusetts. be old missiles. They do not have to be limit. Mr. KERRY. Mr. President, if any new missiles. It is a fact there is noth- Well, the Russians aren’t doing it, so time remains, we yield it back. ing in this treaty that requires the why did we have to agree to something The PRESIDING OFFICER. Time is Russians or the United States to ex- they are not doing? That is asymmet- yielded back. Mr. KERRY. What is the parliamen- change telemetry on new missile tests; rical. That is not parity. So it is okay for the Russians to say: tary situation, Mr. President? that is to say, tests of missiles cur- The PRESIDING OFFICER. There is rently being developed. There are at Hey, if we are doing something you are not doing, we are not going to be bound still time remaining on the Wicker least two the Russians are developing amendment, and Kyl 4860. right now. by anything in the treaty on it. But by the way, if you are doing something we Mr. KYL. Mr. President, I wish to That leads to the second point. I speak briefly to that now, in direct re- think it is probably true the reason are not doing, we are going to hold you accountable and bind you with a very sponse to my colleague from Michigan. they did not want to agree to this is it Mr. KERRY. Mr. President, before he important limitation in the treaty. would require them to give us very val- does that, do we have time remaining uable information. Right now, they You see, the argument doesn’t hold water. Russia and the United States on either of those amendments? would not be getting any information The PRESIDING OFFICER. The Sen- are not acting exactly the same with from the United States because we are ator from Massachusetts has time re- regard to our weapons. So to argue not testing missiles. But I ask, is that maining on both amendments. an asymmetry that is justified or that that anything we are doing differently Mr. KERRY. I thank the Chair. justifies a provision that says if you from the other shouldn’t count in the The PRESIDING OFFICER. The Sen- are not modernizing your forces and we treaty is suspicious. And, in any event, ator from Arizona. are modernizing our forces, it is not it turns out we don’t make that argu- Mr. KYL. Mr. President, let me quote fair to have us tell you what our mis- ment. from the START I treaty, Text of Res- siles are like? The PRESIDING OFFICER. The Sen- olution of Advice and Consent to Rati- Under the previous treaty, both sides ator’s time on this amendment has ex- fication as Approved by the Senate: had to do that, and it gave both sides pired. The Senator has time remaining The Senate’s advice and consent to the more confidence. The Russians are de- on the previous amendment. ratification of the START Treaty is subject veloping new missiles. Should we not Mr. KYL. Let me finish my sentence to the following conditions, which shall be have some understanding of the capa- on this. binding upon the President: Legal and Polit- In any event, what is good for the bility of those missiles? We are not de- ical Obligations of U.S.S.R.: That the legal goose is good for the gander. If we put and political obligations of the Union of So- veloping any. It is almost as if the a limitation on the United States on viet Socialist Republics reflected in the four United States would have to be mod- something they are not developing, related separate agreements, seven legally ernizing its forces too in order to be then it is only fair to put a limitation binding letters, four areas of correspondence, able to justify a provision that said we on them with regard to something we two politically binding declarations, thir- had to exchange telemetry. teen joint statements . . . Maybe the United States ought to are not developing. The PRESIDING OFFICER. The Sen- And so on. The two politically bind- get on with the modernization of our ator from Massachusetts. ing declarations are precisely the ref- missile force so we can then go back to Mr. KERRY. Mr. President, do we erence to the limitation of the SLCM the Russians and say: You are modern- have any time remaining? numbers for both countries. I mean izing, we are modernizing, now how The PRESIDING OFFICER. There is there is a dispute about whether it is about the exchange. To me that is not 1 minute 40 seconds remaining. legally binding in the same sense that an argument to require the Russians Mr. KERRY. I yield all that time to the treaty itself is, but the heading of not to provide us information. And in the Senator from Michigan, the chair- this is Legal and Political Obligations fact, when the shoe is on the other man of the Armed Services Committee. of the U.S.S.R., and it goes on to talk foot, that argument falls by the way- The PRESIDING OFFICER. The Sen- about . . . side, and we end up putting limitations ator from Michigan. The United States shall regard actions in- in the treaty. Mr. LEVIN. Mr. President, I thank consistent with these legal obligations as Here is an example. The Russians are my good friend from Massachusetts. equivalent under international law to ac- not developing and do not seem to have There has been reference made to a tions inconsistent with the START Treaty. any intention of developing something side agreement which was entered into And so on and so on. We believe these called conventional Prompt Global at the time of START I. There is a were binding and should be. It is no ar- Strike, which is a fancy way of saying: major difference between what hap- gument, however, to say that if some- Put a conventional warhead on top of pened then and what is being proposed body else didn’t see it that way, there- an ICBM so you do not have to send a by Senator KYL now. fore, what we are asking for here is not

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Whether you call Grassley Kyl Sessions Gillibrand Lincoln Rockefeller it binding legally or binding politi- Hatch LeMieux Snowe Hagan Lugar Sanders Hutchison McCain Thune Harkin Manchin Schumer cally, in any event, I wish to see it Inhofe McConnell Vitter Inouye McCaskill Shaheen done, because there is no limitation on Isakson Murkowski Wicker Isakson Menendez Specter the SLCMs the Russians are planning Johanns Risch Johnson Merkley Stabenow Kirk Roberts Kerry Mikulski to develop, and the submarine that is Tester Klobuchar Murkowski Udall (CO) NAYS—59 Kohl Murray under development to carry them, and Udall (NM) Landrieu Nelson (NE) they could have a strategic value as Akaka Gillibrand Murray Voinovich Lautenberg Nelson (FL) well as a tactical value. They were a Baucus Hagan Nelson (NE) Warner Bennet Harkin Leahy Pryor Nelson (FL) Webb subject of the previous START I agree- Bennett Inouye Levin Reed Pryor Whitehouse ment and I think they should be a sub- Bingaman Johnson Reed Lieberman Reid ject of this agreement as well. Boxer Kerry Reid NOT VOTING—7 Brown (OH) Klobuchar Rockefeller Let me summarize. The first amend- Bayh Brownback Wyden Cantwell Kohl Sanders ment our colleagues will be voting on Cardin Landrieu Begich Gregg Schumer Carper Lautenberg Bond Shelby is, I believe, the Wicker amendment, Shaheen and then the second amendment is the Casey Leahy Conrad Levin Specter The amendment (No. 4860) was re- amendment which would provide a side Coons Lieberman Stabenow jected. agreement for a limitation on the num- Corker Lincoln Tester Mr. KERRY. Mr. President, I move to ber of Russian SLCMs—the submarine Dodd Lugar Udall (CO) reconsider the vote and to lay that mo- Dorgan Manchin Udall (NM) launch cruise missiles—and the third Durbin McCaskill Voinovich tion on the table. vote will be on the Kyl amendment rel- Feingold Menendez Warner The motion to lay on the table was ative to verification relating to covers Feinstein Merkley Webb agreed to. on the ICBMs and telemetry on ICBM Franken Mikulski Whitehouse The PRESIDING OFFICER. The ma- tests. NOT VOTING—7 jority leader is recognized. The PRESIDING OFFICER. The Sen- Bayh Brownback Wyden Mr. REID. Mr. President, we are ator’s time has expired. Begich Gregg going to have one more vote tonight. The Senator from Massachusetts. Bond Shelby Senators KERRY, LUGAR, KYL, and oth- Mr. KERRY. How much times re- The amendment (No. 4895) was re- ers are working on how we are going to mains? jected. work tomorrow morning. They will The PRESIDING OFFICER. The Sen- VOTE ON AMENDMENT NO. 4860 work this evening. Hopefully, we can ator from Massachusetts has 3 minutes The PRESIDING OFFICER. Under come in at 9 in the morning with, hope- on the Kyl amendment and 5 minutes the previous order, the question is on fully, an hour of debate on an amend- on the Wicker amendment. agreeing to amendment No. 4860 offered ment, and then we will find out where Mr. KERRY. Mr. President, is Sen- by the Senator from Arizona. we are after that. The reason I asked ator WICKER here? Mr. INOUYE. Mr. President, I ask for for the attention of the Senate was to I wonder, Senator KYL, if we can the yeas and nays. announce that. However, I ask unanimous consent yield back time. I know colleagues are The PRESIDING OFFICER. Is there a that Senator LEVIN, chairman of the waiting to vote. sufficient second? Armed Services Committee, and the Mr. President, by unanimous consent There appears to be a sufficient sec- ranking member, Senator MCCAIN, we yield back all time on both sides ond. each be recognized for 2 minutes to ex- and go to regular order. The clerk will call the roll. plain something they are working on The PRESIDING OFFICER. If all The legislative clerk called the roll. time is yielded back, under the pre- on the Defense authorization bill. Mr. DURBIN. I announce that the The PRESIDING OFFICER. Without vious order, the question is on agreeing Senator from Indiana (Mr. BAYH), the to amendment No. 4895 offered by the objection, it is so ordered. Senator from Alaska (Mr. BEGICH), and The Senator from Michigan. Senator from Mississippi, Mr. WICKER. the Senator from Oregon (Mr. WYDEN) Mr. LEVIN. Mr. President, I think all Mr. KERRY. I ask for the yeas and are necessarily absent. of us have an interest in the Defense nays. Mr. KYL. The following Senators are authorization bill. Senator MCCAIN and The PRESIDING OFFICER. Is there a necessarily absent: the Senator from I have been working on this bill with sufficient second? Missouri (Mr. BOND), the Senator from members of the committee for about a There appears to be a sufficient sec- Kansas (Mr. BROWNBACK), the Senator year. This is a bill that has a lot of pro- ond. from New Hampshire (Mr. GREGG), and visions critically important to our The clerk will call the roll. the Senator from Alabama (Mr. SHEL- troops. The bill clerk called the roll. BY). To give a few examples, it authorizes Mr. DURBIN. I announce that the The PRESIDING OFFICER. Are there health care coverage for military chil- Senator from Indiana (Mr. BAYH), the any other Senators in the Chamber de- dren, impact aid to local civilian Senator from Alaska (Mr. BEGICH), and siring to vote? schools, so-called CERP authority, the Senator from Oregon (Mr. WYDEN) The result was announced—yeas 31, which is the commander’s emergency are necessarily absent. nays 62, as follows: response program, and transfer of de- Mr. KYL. The following Senators are [Rollcall Vote No. 296 Ex.] fense articles to the Afghan Army. It is necessarily absent: the Senator from YEAS—31 about 800 pages. We have removed from Missouri (Mr. BOND), the Senator from Barrasso Ensign McCain this bill what we thought were the con- Kansas (Mr. BROWNBACK), the Senator Brown (MA) Enzi McConnell troversial items so that we could get it from New Hampshire (Mr. GREGG), and Bunning Graham Risch passed. We don’t have the time to go the Senator from Alabama (Mr. SHEL- Burr Grassley Roberts through them, but that was our intent. BY). Chambliss Hatch Sessions Coburn Hutchison We missed one controversial item The PRESIDING OFFICER. Are there Snowe Cochran Inhofe Thune which came over from the House hav- any other Senators in the Chamber de- Collins Johanns Vitter ing to do with Guam funding. We have siring to vote? Cornyn Kirk Wicker now reached an agreement that we The result was announced—yeas 34, Crapo Kyl DeMint LeMieux would remove that provision from the nays 59, as follows: NAYS—62 bill. That is a removal. But we can’t [Rollcall Vote No. 295 Ex.] Akaka Brown (OH) Corker add any controversial items to this YEAS—34 Alexander Cantwell Dodd bill; it will be objected to. Alexander Chambliss Crapo Baucus Cardin Dorgan The only way we can do this for the Barrasso Coburn DeMint Bennet Carper Durbin troops, as we have done for 45 years, is Brown (MA) Cochran Ensign Bennett Casey Feingold Bunning Collins Enzi Bingaman Conrad Feinstein if we proceed with a unanimous con- Burr Cornyn Graham Boxer Coons Franken sent agreement tonight. We haven’t

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Senator MCCAIN, I know, will speak Leahy Nelson (FL) Voinovich I appreciate the generosity of the Levin Pryor Warner senior Senator from Massachusetts and on his support. But this is a plea from Lieberman Reed Webb the two of us who have worked so hard Lincoln Reid Whitehouse especially his leadership on one of the most important debates in the 4 years with Members and our staffs on a criti- NOT VOTING—7 cally important bill. I have been in the Senate. I thank Sen- Bayh Brownback Wyden ERRY The PRESIDING OFFICER. The Sen- Begich Gregg ator K for that. ator from Arizona. Bond Shelby OMNIBUS TRADE ACT/TAA AND HCTC Mr. MCCAIN. The only thing I would The amendment (No. 4893) was re- Mr. President, I hold in my hand 500 add to the comments of Senator LEVIN jected. pieces of paper, 500 testimonials from is that there are policy provisions re- Mr. KERRY. Mr. President, I move to retirees who lost their pensions and garding training and equipment and reconsider the vote. health care during the GM bankruptcy. readiness that cannot be just done by Mr. DURBIN. I move to lay that mo- These are some of the 50,000 Americans money. These are important policy de- tion on the table. who will be hurt if we do not pass an cisions, important authorizations, in- The motion to lay on the table was extension of the health coverage tax cluding a pay raise—not for us. I urge agreed to. credit this week before the year is out. my colleagues not to object to this De- The PRESIDING OFFICER. The Sen- This stack of paper here does not rep- fense Authorization Act. I argue it is ator from Massachusetts. resent Delta retirees and it does not critical to sustaining this Nation’s se- Mr. KERRY. Mr. President, let me represent other retirees—thousands of curity. say to colleagues how we are going to others—who are in the same boat as Mr. LEVIN. Mr. President, we will proceed. With the consent of the Sen- the Delphi/GM retirees. offer this later tonight. We are not of- ator from Arizona and Senator LUGAR, Their pensions have been cut. Their fering it at this time. we are going to accept two amend- employee-sponsored health care has The PRESIDING OFFICER. Under ments, I believe. One of them we are been eliminated. If we do not pass the the previous order, the question is on checking with the White House and omnibus trade bill—which includes agreeing to amendment No. 4893 offered making certain we are all in sync on it. GSP, trade adjustment, the Andean by the Senator from Arizona, Mr. KYL. But assuming we are, we will be able to trade agreement, and the health care Mr. KERRY. I ask for the yeas and have Senator LEMIEUX of Florida speak tax credit, and some miscellaneous tar- nays. for a few minutes on his amendment. iffs—if we do not pass this, H.R. 6517, The PRESIDING OFFICER. Is there a In addition, there is Senator KYL’s they will take in another economic sufficient second? amendment, which we will accept. blow. The blood from this one will be There appears to be a sufficient sec- Subsequent to that, I believe Senator on our hands. ond. THUNE wants to raise an issue regard- We must pass the omnibus trade bill The clerk will call the roll. ing an amendment. We will do that. before this Congress ends. I want to The assistant legislative clerk called Then I think we will probably be at a share a handful of letters. I know the the roll. point where we will have an oppor- Senator from Massachusetts yielded Mr. DURBIN. I announce that the tunity if people want to talk on the for 5 minutes, so I will do this quickly. Senator from Indiana (Mr. BAYH), the treaty, or conceivably even on some- Mary Ann from Warren, OH, writes Senator from Alaska (Mr. BEGICH), and thing else, I imagine there may be a that she lost 40 percent of her pension, the Senator from Oregon (Mr. WYDEN) moment there, but I do not want to all her health care, and all her life in- are necessarily absent. speak for the leadership on that yet surance earned from GM/Delphi. Here Mr. KYL. The following Senators are until we have cleared it. is what she said: necessarily absent: the Senator from Mr. President, I ask unanimous con- My husband is self employed and he is on sent—the Senator from Ohio has been Missouri, (Mr. BOND), the Senator from my healthcare. He suffers terribly with trying to get the floor for most of the Kansas (Mr. BROWNBACK), the Senator chronic pain due to degenerative disc dis- day, and because he wanted to give us ease. He forces himself to work at least part from New Hampshire (Mr. GREGG), and the opportunity to move on the amend- time but it’s a struggle. . . . I have a cere- the Senator from Alabama (Mr. SHEL- ments, he has been very patient. I ask bral condition recently diagnosed. I spent a BY). unanimous consent that he be granted week in the hospital early this year and am The PRESIDING OFFICER (Mr. 5 minutes to speak as in morning busi- still paying on that too. A 75 percent hike in MERKLEY). Are there any other Sen- our healthcare premiums— ness. ators in the Chamber desiring to vote? The PRESIDING OFFICER. Is there And that is what will happen if we do The result was announced—yeas 30, objection? not renew this, which will help these nays 63, as follows: Mr. KYL. Mr. President, reserving 500 and another 50,000— [Rollcall Vote No. 297 Ex.] the right to object. while we try to pay these medical balances YEAS—30 The PRESIDING OFFICER. The Sen- on a reduced pension would force us and Barrasso Ensign LeMieux ator from Arizona. many others into a downward spiral of exist- Brown (MA) Enzi McCain Mr. KYL. I ask the Senator, will you ence. Those who we entrust to represent us Bunning Graham McConnell go ahead and handle the unanimous must realize that our story could be theirs if Burr Grassley Risch life situations were different. When do we Chambliss Hatch Roberts consent agreement on the two amend- start treating others how we ourselves want Coburn Hutchison Sessions ments. I do not have to be here for to be treated? Cochran Inhofe Snowe that. Here are others. Cornyn Johanns Thune Mr. KERRY. Mr. President, I will do Crapo Kirk Vitter Dan from Columbus, IN, writes: DeMint Kyl Wicker that and guarantee the Senator that his amendment will be adopted. And I Dear Senator Brown—I am a retired Delta NAYS—63 Air Line pilot. During my retirement, Delta thank him. I want to thank Senator Akaka Cantwell Dodd took my retirement money that I had spent Alexander Cardin Dorgan KYL. He has actually—I know we have a career of time accumulating and left me Baucus Carper Durbin all been struggling here, but the Sen- out in the cold. The health care tax credit Bennet Casey Feingold ator has been extremely helpful in stepped in and helped by giving our family Bennett Collins Feinstein processing a lot of amendments this some insurance premium help. Now this is Bingaman Conrad Franken being destroyed too. Boxer Coons Gillibrand evening, and I want to thank him for Brown (OH) Corker Hagan his good-faith efforts in doing that. David from Atlanta, GA:

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10915 It is very important that the health care the number of tactical nuclear weapons AMENDMENT NO. 4908, AS MODIFIED tax credit . . . be continued. After losing the in a verifiable manner. (Purpose: To require negotiations to address pension income and insurance benefits I was Remember, the Russians have a 10- the disparity between tactical nuclear promised when I retired from Delta Airlines, to-1 ratio of tactical nuclear weapons weapons stockpiles) I have made significant adjustments to try At the end of subsection (a) of the resolu- to compensate for the losses. over us—3,000 to 300—not talked about Still, after cutting back, the cost of living, in this treaty, an important issue. This tion of advice and consent to the New skyrocketing insurance premiums, and 2 requires that the President will certify START Treaty, add the following: years of trying to sell my house at a substan- within a year’s time that the parties (11) TACTICAL NUCLEAR WEAPONS.—(A) Prior tial reduction of price while competing with to the entry into force of the New START are going to sit down and have a nego- Treaty, the President shall certify to the foreclosures, the finances of my friends and tiation about the disparity, about veri- me continued to erode. Senate that— fication, and about securing these (i) the United States will seek to initiate, Gary from Arrowhead, CA: Since weapons. It has been agreed to by all following consultation with NATO allies but Delta Airlines eliminated my pension parties. not later than one year after the entry into and health coverage, I looked forward With that, amendment No. 4908 has force of the New START Treaty, negotia- to a Kaiser Permanente HCTC qualified been cleared on both sides. I now ask tions with the Russian Federation on an health insurance policy starting Janu- that the amendment, as modified by agreement to address the disparity between ary 1. Without this HCTC passage, my the changes at the desk, be offered and the non-strategic (tactical) nuclear weapons premiums will be $2,600 a month. stockpiles of the Russian Federation and of agreed to. the United States and to secure and reduce These go on and on. The omnibus The PRESIDING OFFICER. Is there tactical nuclear weapons in a verifiable man- trade bill has received unanimous ap- objection? ner; and proval from every Democratic Member Mr. KERRY. Mr. President, reserving (ii) it is the policy of the United States of this body. It is supported by the U.S. the right to object, we just have to that such negotiations shall not include de- Chamber of Commerce, the National jump through a few hoops over here. fensive missile systems. Retail Federation, the AFL–CIO. It is We will not object ultimately, but if I (B) Not later than one year after the entry my understanding most Republicans could ask the Senator if we could just into force of the New START Treaty, and an- here support it. There are just a few nually thereafter for the duration of the New wait a little longer, I would object at START Treaty or until the conclusion of an blocking the passage of it. this time but not ultimately. We need agreement pursuant to subparagraph (A), the On Friday, Senator SESSIONS ob- to get this cleared and put all the next President shall submit to the Committees on jected to a request Senator CASEY and steps together into one effort, if we Foreign Relations and Armed Services of the I made to pass the trade act. I under- can. It doesn’t mean we can’t talk Senate a report— stand his objection. I believe it can be about some of the other issues, if you (i) detailing the steps taken to conclude worked through. Senator SESSIONS said want to, while we are waiting for that the agreement cited in subparagraph (A); and he supports the rest of the package. I to be ready. It might be better to just (ii) analyzing the reasons why such an agreement has not yet been concluded. hope this obstruction doesn’t interfere wait until we have the agreement. with the need to move on this omnibus (C) Recognizing the difficulty the United So, in the meantime, I suggest the States has faced in ascertaining with con- trade package. These 500 letters, if absence of a quorum. fidence the number of tactical nuclear weap- each of my colleagues would read two The PRESIDING OFFICER. The Sen- ons maintained by the Russian Federation or three of them, I think they would ator from Florida has the floor. and the security of those weapons, the Sen- see how important it is we pass the Mr. LEMIEUX. I suggest the absence ate urges the President to engage the Rus- Omnibus Trade Act. It is about the of a quorum. sian Federation with the objectives of— trade adjustment assistance language. The PRESIDING OFFICER. The (i) establishing cooperative measures to give each Party to the New START Treaty It is about 50,000 people who will not be clerk will call the roll. able to afford their health insurance improved confidence regarding the accurate The assistant legislative clerk pro- accounting and security of tactical nuclear come January 1. Happy New Year to ceeded to call the roll. weapons maintained by the other Party; and them. It also will help us with Colom- Mr. KERRY. Mr. President, I ask (ii) providing United States or other inter- bia and other countries around the unanimous consent that the order for national assistance to help the Russian Fed- world in our trade policies. This makes the quorum call be rescinded. eration ensure the accurate accounting and so much sense. The PRESIDING OFFICER. Without security of its tactical nuclear weapons. Tomorrow, Senator CASEY and I and objection, it is so ordered. Strike paragraph (11) of subsection (c) of perhaps some others will ask for a UC. Mr. KERRY. Mr. President, I know the resolution of advice and consent to the New START Treaty. I hope my colleagues can see fit to the Senator from Florida wants to move forward on this. It is supported speak on this amendment. I ask unani- Mr. KERRY. Mr. President, does the by business groups, by labor groups, by mous consent that the following two Senator wish to speak? the majority of people in this body. I amendments be considered and agreed The PRESIDING OFFICER. The Sen- am hopeful we can bring in the few peo- to: Senator KYL No. 4864 and LEMIEUX ator from Florida is recognized. ple who still disagree and make this No. 4908, as modified. Mr. LEMIEUX. Mr. President, I work for our country. The PRESIDING OFFICER. Is there thank the Senator from Massachusetts I yield the floor. I thank Senator objection? for working on this with us. I think KERRY for his indulgence. Without objection, it is so ordered. this is an important improvement that The PRESIDING OFFICER. The Sen- The amendments (Nos. 4864 and 4908, will require that the United States ator from Florida. as modified), were agreed to, as fol- seek to initiate negotiations with the Mr. LEMIEUX. Mr. President, I have lows: Russian Federation within a year’s pe- riod of time. I thank my colleague had the opportunity to work out with AMENDMENT NO. 4864 the Senator from Massachusetts an from Massachusetts, as well as other (Purpose: To require a certification that the amendment to the resolution, which I President intends to modernize the triad of colleagues who were willing to make will be offering in a second. strategic nuclear delivery vehicles) this happen as part of the ratification. To my colleagues, what this does—we At the end of subsection (a) of the Resolu- I yield the floor. had this discussion the other day on tion of Ratification, add the following: Mr. KERRY. Mr. President, I thank the treaty. This is an amendment to (11) STRATEGIC NUCLEAR DELIVERY VEHI- the Senator. This is a constructive the resolution that would require, CLES.—Prior to the entry into force of the amendment. We all agree that we need within a year’s time of ratification, New START Treaty, the President shall cer- to reduce tactical nuclear weapons. Ev- that the President of the United States tify to the Senate that the President intends erybody who testified to us reiterated certify to the Senate that the United to— the importance of that being the next States will seek to initiate with the (A) modernize or replace the triad of stra- step in terms of our relationship and tegic nuclear delivery systems: a heavy Russian Federation negotiations on the bomber and air-launched cruise missile, an increased stability. NATO allies also disparity between nonstrategic or tac- ICBM, and an SSBN and SLBM; and said it was essential to proceed to that. tical nuclear weapons and to make sure (B) maintain the United States rocket The Senator’s amendment helps us to we secure those weapons and reduce motor industrial base. make it clear that is the direction in

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Mr. President, I ask to Iran; (iii) the Government of the Russian Federation has assured the United States that I think is of great concern to unanimous consent that amended No. that neither it nor any entity subject to its America’s national security interests 4920 be made pending. jurisdiction and control will transfer to Iran as well as those of our allies. The PRESIDING OFFICER. Is there goods, services, or technology that con- Mr. President, the amendment, objection? tribute to the advancement of the nuclear or again, is very straightforward. It re- Mr. KERRY. Mr. President, I do ob- missile programs of the Government of Iran; quires a certification before the entry ject. I want to say to the Senator that and (iv) the Government of the Russian Fed- into force of the treaty, and then each eration has assured the United States that it I am delighted to have a discussion year thereafter about those basic con- with him about this particular issue. will support efforts at the United Nations Security Council and elsewhere to increase ditions that the Russians be in compli- But I think given the efforts we have political and economic pressure on the Gov- ance with U.N. Security Council reso- made thus far to deal with a fixed set ernment of Iran to abandon its nuclear weap- lutions, that they would not try to get of amendments has been affected some- ons program. the S–300 to the Iranians, directly or what by some of those amendments That would be a commitment, a cer- indirectly, and they would continue that were filed late, and also not ger- tification, that would be issued prior to putting pressure on the Iranians with mane, requiring colleagues at the last the entry in force of the treaty by the respect to their nuclear program. minute to consider a lot of issues on President each year, and on December We know too that the nuclear reactor the floor that are not pertaining di- 31 of each subsequent year a similar in Bashir is now producing plutonium. rectly to the treaty itself. certification would be issued by the Russia has fueled a nuclear reactor The subject the Senator wants to President. In fact, if the President fails there that is now producing plutonium bring up and talk about, which is Rus- to certify, then it would require that in Iran. That ought to be of great con- sian cooperation on Iran, is absolutely he consult with the Senate and submit cern to everybody here as we pass judg- essential to us as a matter of foreign a report on whether adherence to the ment on this treaty, which is obviously policy. I want to join with the Senator New START treaty remains in the U.S. important to our relationship with in emphasizing that. I look forward to national security interest. Russia, but also bears on the relation- hearing his comments about it. I think I say this because I think there is a ship we have with other countries we can have an important colloquy direct connection and correlation be- around the world. that could add to the record of our dis- tween this treaty and the efforts of the I think anybody in the foreign policy cussions with respect to this treaty Russians that we assume the Russians community that you talk to today, without negatively impacting the di- are going to commit to in terms of put- when you ask what is the most dan- rection we are moving in at this point. ting pressure on Iran regarding its nu- gerous threats the United States and The PRESIDING OFFICER. The Sen- clear program and not doing things its allies face around the world today, ator from South Dakota. that would put in jeopardy the security Iran and nuclear weapons in the hands Mr. THUNE. Mr. President, if I of the region. of Iran top that list. might, given that, speak to the amend- I have to say, obviously, this has a So the efforts that we make to per- ment. I regret that the amendment big impact on our great ally, Israel, as suade the Russians to put pressure on can’t be voted on. The process has been well as the whole region. It would be the Iranians and make sure there isn’t fairly open. A number of amendments very destabilizing if the Iranians have anything going on there that would de- have been considered. This amendment a nuclear weapon. So I think the effort stabilize or put in peril America’s na- was filed sometime this afternoon. It made by the administration to ‘‘reset tional security interest is certainly an deals with an important subject, which relations with Russia,’’ bears directly objective we have. is germane to the debate that we are on this treaty. As I said, it was stated This would require the President cer- having with regard to the New START clearly by the President as recently as tify that those things are taking place treaty. November 18, where he recognized that rather than relying on the statements One of the predicates for improving important relationship. I simply say and good intentions of the Russians. I the START treaty is the so-called reset this amendment, I don’t think, is any- wish, again, that I could get this of our relationship with Russia. Of thing that anybody would not agree amendment pending and get it voted course, the President, as recently as with. All it does is require not just a on. I think it is important to have the November 18, 2010, made a statement, statement that this is going to be part Senate on record with regard to this which is in this amendment: of our ongoing relationship with Rus- issue. I regret that the amendment has ‘‘The New START Treaty is also a corner- sia, but it provides an assurance, a cer- been objected to. stone of our relations with Russia’’ for the tification that the administration I appreciate the opportunity to at reason that ‘‘Russia has been fundamental to would make to the Senate before the least raise the issue, and I certainly our efforts to put strong sanctions in place hope it is something that the adminis- to put pressure on Iran to deal with its nu- treaty would enter into force and each clear program.’’ Accordingly, the advice and year subsequent to that with those tration and our leaders in the Senate consent of the Senate to ratification of the basic issues. and the entire military establishment New START Treaty is conditioned on the ex- The issues are fairly straightforward. of this country pays close attention to pectation that the Russian Federation will It simply requires a condition that the in the days ahead. This issue will not cooperate fully with United States and inter- Russian Federation is in full compli- go away. I think it bears definitely on national efforts to prevent the Government ance with all U.N. Security Council the treaty. of Iran from developing a nuclear weapons resolutions relating to Iran and the With that, I will conclude my re- capability. government of the Russian Federation marks and say I wish we had an oppor- What this amendment does is to pro- assures the United States that neither tunity to get a vote on it. vide some assurance that all those in- it nor any entity subject to its jurisdic- I yield the floor. tentions and statements actually come tion and control will transfer to Iran Mr. KERRY. Mr. President, in, I to pass. It would require the President the S–300 air defense system or other think, 7 days, I have not made an ob- to certify to the Senate the following: advanced weapons systems or any parts jection to an amendment that we tried Prior to entry into force of the New thereof or transfer such items to a to take up. I am sensitive to that be- START Treaty, 1, the President shall certify third party, which will in turn transfer cause we, obviously, want to provide as to the Senate that (i) the Russian Federation such items to Iran. much opportunity to go into these is in full compliance with all United Nations While the S–300—for the time being, issues as is possible. I say to my friend Security Council Resolutions relating to Iran; (ii) the Government of the Russian Fed- Russia has refrained from doing that. from South Dakota that I am happy to eration has assured the United States that There are concerns and reports that stay here with him and do as much as neither it nor any entity subject to its juris- Russia has recently provided Tehran we could do to impress on anybody the diction and control will (I) transfer to Iran with a new radar system allegedly importance of the issue he is raising.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10917 But if we stayed here and went through operation, and we will look at it hope- I suggest the absence of a quorum. the process of a vote, which would con- fully within the context of a START The PRESIDING OFFICER. The ceivably take us a lot longer in terms treaty that is going to be ratified by clerk will call the roll. of the other amendments we have to the Duma and implemented and that The legislative clerk proceeded to finish tomorrow morning, as well as can only strengthen the resolve of both call the roll. keep the Senate in even later, only the our countries to focus on the chal- Mr. KERRY. Mr. President, I ask votes—I think we had only one motion lenges of Iran. unanimous consent that the order for to table. Almost every vote has been I thank my colleague. I have been in the quorum call be rescinded. straight up or down. The votes have that position before when we have not The PRESIDING OFFICER. Without been 60 to 30, or 60-something to 28, or been able to get an amendment in. objection, it is so ordered. Mr. KERRY. Mr. President, Senator something like that. I think the reason I might add, the amendment was REID asked me a few minutes ago if I is that there is a fundamental flaw in filed a day and a half after cloture was would communicate where we are with the approach of this particular amend- filed. I said to JON KYL very clearly respect to the START treaty, and I will ment and the others we have had be- that we were going to try to be as flexi- ble as we could. That flexibility needed do so. cause they seek to prevent the treaty As it stands now, we have two to be mostly focused on those amend- from going into force. amendments that remain. One is an The language says ‘‘prior to the ments that directly affect the treaty or amendment by Senator KYL on mod- entry into force of the New START are to the treaty in its most direct ernization, which I believe is the inten- Treaty,’’ the President has to do a se- sense. If we raised a point of order, this tion, though not yet locked in, of the ries of things. Some of those may read would be an amendment that would be majority leader to try to take up in a fairly straightforward and literal found to be not germane because it is around 9 o’clock in the morning. We way, but they are not necessarily what outside those direct treaty issues. With expect to spend somewhere in the vi- can be done immediately or are even that in mind, I have taken the position cinity of an hour on it, maybe a little subject to our control, in which case I have taken. But I look forward to bit longer than that, to accommodate we wind up with a treaty that we have working with my colleague, if we can, the speakers for Senator KYL. Then actually partially ratified because it as we go forward from here. there will be one other amendment cannot go into force, and it may never The PRESIDING OFFICER. The Sen- after that on missile defense, I believe go into force, depending on what hap- ator from South Dakota. an amendment that will be offered by Mr. THUNE. Mr. President, I say to pens with some of those things that are Senator CORKER and Senator my friend from Massachusetts that if out of our control. LIEBERMAN together. That amendment There are a lot of reports requested he would allow me to vote on the will be the last barrier remaining be- on one thing or another. I think there amendment, I would try to break that fore we can get to the final vote on the is a more effective way to go at this, 35-vote threshold that we have seen, to treaty itself. personally, that doesn’t wind up with a blow through that cap. It would be my hope, depending on negative impact on the treaty, where I appreciate the fact that the Senator the negotiations going on and discus- we are veering from our military and shares the concerns I have about Iran. sions with respect to the 9/11 first re- national intelligence leaders who All I would say is I think what this sponders—those are discussions taking would like to see this put into effect as provides is an additional safeguard as place now—depending on that, we will rapidly as possible. The effect of this is we move into this process and we have have a better sense of when that final not to let that happen as rapidly as this treaty and a clearly established vote will be able to take place. I know possible. connection between what is a great a lot of colleagues are trying to figure The Senator is 100 percent correct threat, a regional threat and, I would that out in the context of flights, fam- about our concern about Iran. We need argue, a threat beyond the region, cer- ily, and other things. Our hope is that Russian cooperation in order to ever tainly to our national security as well, will become clearer in the next min- have a chance of enforcing the sanc- the Iranian threat, and the relation- utes, hours, moments of the Senate. tions that have been put in place, as ship we have with Russia and this trea- That is the lay of the land. I know well as finding the other tiers of co- ty and the good-faith effort that we are the chairman of the Armed Services operation that are going to be critical making through this treaty with the Committee and the ranking member as we go forward, absent Iranian shifts Russians to reset, that this would pro- have made their request to the Senate in policy. The fact is, what has hap- vide an additional level of assurance regarding the Defense authorization pened through Russian cooperation that they are, in fact, cooperating and bill. right now is that the most significant that they are following through on the Our hope is that tomorrow morning sanctions we have been able to put in commitments they are making to the we can move rapidly through the re- place to date have been put in place. administration and to us as we debate maining two amendments. It may even They were largely achieved because of this treaty. be possible for us to accept the amend- the relationship President Obama has Again, I will not belabor the point. ment on the missile defense. We are achieved with President Medvedev and The point has been made. I do think working on that language now. If that the reset button and the sense that we this is a germane amendment. I take happens, obviously it will clear the are coming together, not going apart. issue with the chairman’s contention possibilities of a final vote to an ear- It is easy for us in the Senate to that it is not. But at this particular lier hour, again dependent on this dis- stand here and say we have to require late hour and with his objection to cussion regarding the 9/11 first respond- this, we have to require that. A lot of this, I know I am probably not going to ers. these things I have found increas- have an opportunity to have this That is the state of play. ingly—particularly in this time I have amendment voted on, but I hope the Mr. COCHRAN. Mr. President, I am been chairman of this committee—a issue continues to stay front and cen- pleased to support the approval by the lot of the things we sometimes do with ter, in front of this body and before the Senate of the New START treaty. good intention in the Senate actually Foreign Relations Committee and the On December 16, I joined Senators very significantly complicate the life Armed Services Committee on which I INOUYE, FEINSTEIN and ALEXANDER in a and work of our diplomats who spend serve. letter to President Obama to express as much time trying to meet some kind The PRESIDING OFFICER. The Sen- my support for ratification of the trea- of certification as they do doing the di- ator from Massachusetts. ty and funding for the modernization of plomacy they are meant to do. Mr. KERRY. Mr. President, I say to our nuclear weapons arsenal. At the I am happy to work with the Senator the Senator, let’s commit to work to time, I was concerned that this might as chairman of this committee. We will make sure that happens. I certainly not be taken seriously as a long-term have hearings early next year on this will do that on my part. I look forward commitment. The President has re- topic of Iran and where we stand with to those hearings next year. Perhaps sponded to our request and assured me respect to that nuclear program. We the Senator would even want to find a that nuclear modernization is a pri- will look at this issue of Russian co- way to take part in them. ority for his administration and that

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With- thin due to two wars overseas and the Many of our colleagues have brought out this treaty, our inspectors do not threat from failed states and unstable forth ideas and offered amendments have the ability to monitor Russian ac- regimes in possession of nuclear weap- that will help address concerns about tivities. We have not had access to the ons the risk of nuclear proliferation the treaty. I share concerns about mis- Russian nuclear stockpile for over a has steadily increased. sile defense, tactical nuclear weapons, year. Our ability to ‘‘trust, but verify’’ That is why the goal articulated by and limits on delivery vehicles, but I must be restored. President Kennedy, built upon by Second, this treaty reinforces our im- cannot deny the potential national se- President Reagan, and further ad- portant relationship with Russia. It ad- curity consequences of not ratifying vanced by President Obama is more vances our Nation’s capacity to build the New START treaty. important than ever. Moving toward a durable, multilateral cooperation to After listening carefully to national world with zero nuclear weapons is a confront international security risks security experts and the debate on the move toward a safer and more peaceful from countries like Iran and North Senate floor, I have been convinced future. that failure to ratify this treaty would Korea. In addition, a strong relation- Through committed negotiations on diminish cooperation between our two ship with Russia helps to keep avail- the New START treaty, the U.S. and countries on several fronts, including able the supply chains that deliver Russia have renewed their commit- nuclear proliferation, and limit our un- equipment to the brave Americans ments to this important goal. Passing derstanding of Russian capabilities. serving in Afghanistan. New START would be another momen- Furthermore, failure to ratify this Finally, this treaty strengthens our tous step toward that more peaceful treaty would cause further delays in nonproliferation efforts around the world. getting our inspectors back to Russia world. By ratifying the New START after a 1-year absence. treaty and taking the focus off of stra- But, as we have all seen in recent While I am dissatisfied with the way tegic weapons, the United States and days, and over the course of the year this treaty has been considered by the Russia can increase their efforts on since the U.S. and Russia reached this Senate in a lameduck session, I take tactical nuclear weapons and prolifera- historic agreement, some in this Cham- our responsibility to provide advice tion. The risks associated with nuclear ber are playing partisan politics with and consent to international treaties proliferation are particularly serious an issue that has the potential to im- very seriously; and I do not think that and include acts of nuclear terrorism pact every person in America and the politics of the moment should against the United States and its allies across the world. trump our national security priorities. and the destabilizing effects of new nu- This political posturing is short- I am cognizant of the fact that the New clear arms races. sighted at best. And it is dangerous at For many years I have been con- START treaty has received unanimous worst. The threat of nuclear weapons is cerned about these risks. During the endorsement by both our country’s dip- not a partisan issue. It is an American 111th Congress, I have introduced bills lomatic and military leadership, and it issue. And, more importantly, a human that would decrease the spread of po- would be an unusual response for the issue. tentially dangerous nuclear tech- Senate not to respect and consider When START One was ratified in nologies around the world and imple- their views on how best to support our 1991, it was ratified not with just a sim- ment key nuclear nonproliferation rec- national security interests. ple majority but with 93 Members of ommendations offered by the Commis- I agree with them on the merits of the Senate voting in favor of the legis- sion on the Prevention of the Prolifera- this treaty, and I will support ratifica- lation. tion of Weapons of Mass Destruction tion. and Terrorism. I have also called for Similarly, START Two, ratified in Mr. AKAKA. Mr. President, I rise more oversight of the International 1993, had the support of 87 Members of today and proudly stand among the Atomic Energy Agency’s Technical Co- the Senate. long, bipartisan list of Senators, operation Program and its prolifera- The New START treaty deserves statesmen, and military leaders in sup- tion vulnerabilities. Ratifying the New similar support from this body. Ob- port of the New Strategic Arms Reduc- START treaty will reinforce these and struction of this treaty does not tion Treaty. The New START treaty is many other nuclear nonproliferation strengthen our country. It reduces our critical to our Nation’s security be- efforts. security. And arguments to the con- cause it places limits on U.S. and Rus- I urge my colleagues to strengthen trary go against decades of bipartisan sian nuclear arsenals, supports an im- national security by ratifying the New work to reduce the threat of nuclear proving bilateral relationship with START treaty. annihilation. Russia, and advances international nu- Mr. UDALL of New Mexico. Mr. Those opposed to ratification say clear nonproliferation efforts. President, I rise today to echo the call this treaty will diminish our national Over the last three decades, both the of the Senators and Presidents who security. They argue that we cannot United States and Russia have bene- have furthered the cause of peace. I rely on a smaller nuclear arsenal to ef- fited greatly from the bilateral reduc- rise to continue this body’s long- fectively deter an opponent. tion of nuclear weapons. Through the standing work to reduce the threat These concerns have been overhyped efforts of Presidents Ronald Reagan that nuclear weapons still pose to our and George H.W. Bush, the two super- and hyperpoliticized. And they fall flat Nation and world. in light of the scientific evidence pro- powers embarked on gradual nuclear Much has changed since the vided by our scientists and engineers at disarmament, agreeing to reduce the groundbreaking arms treaties of the the National Labs. number of their strategic warheads and 1990s. The cold war has ended, and with deployed delivery vehicles through the its end the balance of power changed Along with Senator BINGAMAN, I negotiation and signing of the first greatly. But the threat of nuclear war helped lead a visit to New Mexico’s Na- START treaty. Under President has not entirely gone away. tional Labs while the Senate Foreign Obama’s leadership, we are now consid- Over the last decade, we have seen Relations Committee was debating ering the New START treaty, which, the U.S. attacked on 9–11. And we ratification. The scientists and engi- when ratified, will reduce these num- learned about al-Qaida’s ambition to neers at the Labs briefed the delega- bers even more in both countries. acquire a weapon of mass destruction. tion, which also included Senators The ratification of the New START One mishap or one intentional attack KYL, CORKER, RISCH, and THUNE, on treaty is vital to our national security. is all that is needed to throw our entire issues pertinent to this debate. First, this treaty helps to decrease global society into a tailspin. After participating in these briefings, the threat of nuclear destruction and Thanks to the work done through I am confident of two things. One, that strategic miscalculation by requiring Nunn-Lugar, the U.S. has been in- the United States can assure our allies

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Fewer weapons also mean fewer Strike One: The 10 annual warhead New Mexico will be at the forefront opportunities for unstable regimes inspections allowed under New START of verification measures because the such as North Korea, Iran, or only permit us to sample 2 to 3 percent Los Alamos and Sandia National Labs Myanmar, or individuals with mali- of the Russian force. have the requisite professional exper- cious intentions to acquire or build a Strike Two: The inspections cannot tise to aid the monitoring of Russian nuclear weapon. provide conclusive evidence of whether forces. The two nations with the largest Russia is complying with the 1,550 war- I have been continually amazed by stockpile of nuclear weapons have a head limit. If we found a missile loaded the work of our National Labs in New duty to remain vigilant in protecting with more warheads than Russia de- Mexico. The Los Alamos and Sandia the rest of the world from the unthink- clared, it would be a faulty and sus- National Labs, and the hardworking able. By ratifying this treaty, the Sen- picious declaration. However, we could men and women who serve there, are ate is upholding its duty to protect our not infer that Russia had thereby vio- truly a treasure of the Nation. Nation and to protect our shared plan- lated the overall 1,550 limit. The Rus- Unfortunately, some on the other et. sians could just make some excuse for side of the aisle have derided the labs President Kennedy said the following the faulty declaration, as they have in as ‘‘decrepit and dangerous.’’ This during his 1962 State of the Union Ad- the past. poorly imagined and strikingly inac- dress: Strike Three: New START relies on a type of on-site inspections that Russia curate description couldn’t be further World order will be secured only when the from the truth. whole world has laid down these weapons illegally obstructed on certain missile Los Alamos National Labs Director which seem to offer us present security but types for almost the entire 15 year his- Michael Anastasio, Sandia National threaten the future survival of the human tory of START. Russia’s use of illegal, Labs Director Paul Hommert, and Law- race. oversized covers were a clear violation rence Livermore Director George Mil- By ratifying this treaty, we move a of our on-site inspection rights under ler, have been unequivocal in their tes- step closer toward realizing this legacy that treaty. As the old adage goes, timony to the Senate Armed Services and continuing a longstanding policy ‘‘fool me once, shame on you, fool me Committee and the Senate Foreign Re- goal of our country—the goal of cre- twice, shame on me.’’ lations Committee. ating a more peaceful and secure world. Common sense tells us that the worse They all agree that our labs are pre- Let us continue our work together by a treaty partner’s compliance history, pared to maintain our nuclear stock- ratifying this treaty and sending a the stronger verification should be. pile, and they are ready to lend their message to the world that the United However, according to official State scientific expertise to the overall mis- States of America will continue mak- Department reports by this adminis- sion of verification and reduction. ing significant steps towards peace. tration and the previous one, Russia To quote Director Anastasio’s Senate ∑ Mr. BOND. Mr. President, New has violated, or is still violating, im- testimony: START is a bad deal for the United portant provisions of most key arms control treaties to which they have I do not see New START fundamentally States. It requires us to reduce our de- changing the role of the Laboratory. What ployed strategic forces while the Rus- been a party. In addition to START, this includes the Chemical Weapons New START does do, however, is emphasize sians can add to theirs. This amounts Convention, the Biological Weapons the importance of the Laboratories’ mission to unilateral reductions. and the need for a healthy and vibrant Convention, the Conventional Forces The treaty gives Russia political le- science, technology and engineering base to in Europe Treaty, and Open Skies. verage, which they will use, to try to be able to continue to assure the stockpile We also know that the lower the lim- into the future: prevent us from expanding our missile its on our weapons, the stronger the Sandia National Labs also plays a defenses to protect us against North verification should be. But with these major role in stockpile stewardship, Korea and Iran. This is unacceptable. lower New START limits, our verifica- life extension, and stockpile surveil- The treaty fails to deal with Russia’s tion of warhead limits is much worse lance. reported ten to one advantage in tac- than under the previous START treaty, Director Hommert’s testimony tical nuclear weapons or their nuclear, with its higher limits. makes clear that Sandia understands sea-launched cruise missiles. However, With all these arguments against the the challenges involved under New the Treaty will limit our nonnuclear treaty, proponents can only point to START but that it is ready to under- ballistic missiles. one tangible benefit—that we will take those challenges. He said: Compounding these deficiencies, the know more about Russian forces with As a whole package, the documents de- treaty’s verification is weak and the the treaty than without it. This is scribing the future of U.S. nuclear policy Russians have a poor compliance hardly a ringing endorsement. represent a well founded, achievable path record. Learning more will hardly com- forward. As vice chairman of the Senate Se- pensate the United States for the I believe that it is no small coinci- lect Committee on Intelligence, I have major concessions included in this dence that the progression toward a reviewed all the relevant classified in- Treaty. What are these concessions? world without nuclear weapons will re- telligence concerning this treaty. I Unilateral limits, unlimited Russian quire the continued, diligent work of come away convinced that the United nuclear systems, limited U.S. non- those who first created and then se- States has no reliable means to verify nuclear systems, unreliable verifica- cured our arsenals. the treaty’s central 1,550 warhead tion, the forfeiture of our telemetry The safety, security, and reliability limit. rights, and perhaps most importantly, of our available nuclear weapons will It is also inexcusable that the United handing Russia a vote on our missile become increasingly important to our States has forfeited in this treaty the defense decisions. country as we reduce our stockpile. rights it enjoyed under START to full In many cases, concerns about par- For New Mexico, President Obama’s and open access to Russian telemetry. ticular treaties can be solved during strategy will mean an expanded role This amounts to giving up the ‘‘keys to the ratification process. My colleagues for our National Labs in managing our the kingdom,’’ as it will harm our abil- have my respect for their attempts to Nation’s nuclear deterrent. ity understand new Russian missile de- do so. Unfortunately, New START suf- For our country, President Obama’s velopments. fers from fundamental flaws that no strategy means that we are one step The administration has attempted to amount of tinkering around the edges closer to closing the curtain of the cold justify giving up Russian telemetry on can fix. war’s legacy of nuclear arms races. the basis that it is not needed to verify For these and other reasons, I cannot For the world, it means we will be the New START treaty. This is only in good conscience vote to ratify the taking a step forward toward greater true if you believe that the treaty’s ten New START treaty.∑

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10920 CONGRESSIONAL RECORD — SENATE December 21, 2010 Mr. MERKLEY. Madam President, I In a case such as this—the Oregon accounts, knowing they are doing good ask unanimous consent to speak as in Law Foundation—IOLTA funding work in the community by assisting morning business for up to 10 minutes. makes up 95 percent of their total rev- legal programs. The PRESIDING OFFICER (Ms. enue. So if the guarantee is not ex- I mentioned one of those programs in CANTWELL). Without objection, it is so tended for 2 more years, we have a real Oregon. Let me mention a couple more. ordered. problem, and it goes like this. A lawyer The Juvenile Rights Project provides INTEREST ON LEGAL TRUST ACCOUNTS has a fiduciary responsibility to a cli- legal services to children and families Mr. MERKLEY. Madam President, I ent to put the funds into an account who do not otherwise have the means rise this evening to talk about a pro- that protects the client. They would to retain counsel through individual gram that is of great importance to our not be able to put the funds into an representation in juvenile court and citizens across America who are strug- IOLTA account if it is not guaranteed, school proceedings and through gling to access legal services. There is if they have the option of putting it classwide advocacy in the courts, the a program that is called the Interest on into a noninterest-bearing fund that is legislature, and public agencies. It has Lawyer Trust Accounts or IOLTA. This guaranteed and, thus, the bank’s will- the only help line offering legal advice is a very interesting arrangement that ingness to pay interest. So the funding for children and teenagers in Oregon. I was not familiar with until I came to that goes for legal services across our So that is the Juvenile Rights Project. the Senate. Nation will disappear. Disability Rights Oregon. The Oregon Essentially, IOLTA is interest on I rise to talk about this because the Advocacy Center provides statewide lawyer trust accounts, and it works deadline for this is December 31. We legal services to Oregonians with dis- like this. When lawyers need to put have a bill to fix this before the Sen- abilities who are victims of abuse or money into a trust account, they are ate. But for those who are familiar, in neglect or have problems obtaining putting it in that account on behalf of the Senate, any Senator has the ability health care, special education, housing, a client or on behalf of an estate. It is to put a hold on legislation, and we employment, public benefits, and ac- not allowed under the law for the cli- have a situation where a Senator has cess to public and private services. Or- ent to earn interest. However, there is put a hold on this. I think, in general, egonians with disabilities look to an arrangement that has been made this hasn’t gotten much attention, the OAC—that is the Oregon Advocacy over the years in which banks agree to fact that this assistance that goes to Center or Disability Rights Oregon—to pay interest on those accounts, since low-income Americans across this protect and advocate for their rights in they are accessing those deposits— country will be deeply damaged, even if courts, with public agencies and with those funds—but the interest gets do- 99 Senators support this, because we the State legislature. nated to legal services for poor Ameri- don’t have 100 Senators. So I am rising The Classroom Law Project promotes cans across the United States of Amer- to basically make an appeal to my col- understanding of the law and legal ica. So it is a win-win. The client isn’t leagues to take a look at the legal pro- process for 15,000 elementary and sec- allowed to get the interest, but the grams in your States that are funded ondary school students in the State of banks pay the interest to benefit low- by this. Oregon by incorporating the lessons income Americans across our Nation. There are legal education programs and principles of democracy into That is the structure of the IOLTA that are funded. I hope my colleagues accounts. All 50 States have these pro- school curriculum. Their programs in- will recognize that what we have is a grams. Forty-two States require law- clude the High School Mock Trial Com- lose-lose situation if we don’t change yers to deposit client funds that do not petition. That is an extraordinary com- this law, and that lose-lose is legal edu- earn net interest for the client into petition. It is wonderful to see how a cation and legal services. The banks these IOLTA accounts so they will earn high school student can blossom when will actually make more money be- interest to pay for civil legal services preparing to argue before his or her for the poor. cause they will not have to pay inter- peers the facts of a case and the legal During the financial crisis, the FDIC est. So you have a lose-lose and a win— principles of a case. It is an enormous created a program to guarantee that a loss for the poor, a loss for the stu- education. the business and trust checking ac- dents wanting legal education, and a The Classroom Law Project also in- counts that do not pay interest are in- win for banks receiving greater profits. cludes the Summer Institute training sured—they are guaranteed—and In this situation, the banks have for teachers. This program enables IOLTA was included in this because been absolutely stellar citizens of our those teachers to better address the they do not pay interest to the client. communities. In Oregon, we have a issues of law and legal process in their The Dodd-Frank reform bill we had, host of banks that not only pay inter- classrooms. which extended these arrangements for est on these lawyer trust funds, but Also included is the We the People 2 years for accounts that do not pay in- they have agreed to maintain a floor of program on the Constitution and Bill terest to the clients, forgot to include 1 percent interest. I would like to men- of Rights. A lot of us often carry the the IOLTA accounts that do not pay in- tion these banks recognized by the Or- Constitution. We understand it is the terest to the clients but do pay interest egon Law Foundation as leadership foundation for our government of, by, that goes to fund civil legal services banks. I believe this list is as of the and for the people, and we want our for poor Americans in all 50 States. end of the year 2009. By mentioning children to get an education in the So we are seeking to fix this glitch. I these banks, I am basically saying Constitution. This is funded in this wish to note that hundreds of thou- thank you to these banks for being in- fashion. sands of Americans who don’t other- volved in this program. They include: We also have help for citizens who wise have access to legal services are the Albina Community Bank, the Bank are trying to get into a home mortgage in a position to benefit when they need of Eastern Oregon, the Bank of the modification, such as HAMP—the such services across our Nation. Cascades, the Bank of the West, Cap- Housing Affordable Modification Pro- In Oregon, we have the Oregon Law ital Pacific Bank, Century Bank, Co- gram—and also families who are work- Foundation, the nonprofit, nonpartisan lumbia River Bank, Key Bank, North- ing through issues of domestic vio- organization that administers legal aid west Bank, Peoples Bank of Commerce, lence. for the poor. They benefited to the the Pioneer Trust Bank, Premier West So here is the situation. Families ad- tune of over $1 million in revenue in Bank, Siuslaw Bank, South Valley dressing domestic violence issues, fam- 2009. When interest was a little better, Bank and Trust, the Bank of Oswego, ilies addressing wrongful home fore- they had more revenue in 2008—$2.2 the Commerce Bank of Oregon, Ump- closures, children—juveniles—seeking million. That was a decrease from 2007 qua Bank—a bank that originated in legal assistance, the disabled seeking of $3.6 million. So as interest rates southern Oregon, in timber country, resolution of issues regarding access to have declined, the amount of funds Douglas County, where I come from— health care, special education, housing that have gone to fund legal services U.S. Bank, Washington Trust Bank, or employment are being helped. The for the poor have declined, but still, a and Wells Fargo. Classroom Law Project is helping edu- few million dollars is better than none So all these banks have been willing cate our children about the Constitu- in terms of providing assistance. to pay interest on these lawyer trust tion, about the Bill of Rights, funding

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The financial press For 16 years, Robert Chatigny has 31. has reported about State and local gov- been a Federal judge in Connecticut, So I am rising to ask my colleagues, ernments that received bad advice serving as chief judge of the District of if you are the Senator who is holding from advisers and entered into swaps Connecticut from 2003 to 2009. In addi- this up, I encourage you to get the and other derivatives that they did not tion to ruling on a wide variety of facts from your State because all 50 fully understand, that are not per- cases, Judge Chatigny has earned a States participate, and then let this forming as promised, and that are now reputation for integrity, intelligence, funding, provided through a wonderful costing them tremendous amounts to and strict adherence to the rule of law. arrangement between the banks and unwind. Those swaps are often tied to I am pleased that Judge Chatigny has our lawyers and these trust accounts, municipal securities issued by those received the support of numerous go forward. Who knows how many same State and local governments and former Federal prosecutors in Con- thousands, the multiple of thousands Congress recognized the experience of necticut who understand the impor- who will be assisted in challenging sit- the MSRB in the regulation of the mu- tance of upholding the rule of law and uations if we fix this before we adjourn. nicipal markets. vouch for his character and his quali- I yield the floor. The act, which authorizes MSRB reg- fications. Let me quote from a letter to f ulation over municipal advisers, has the Judiciary Committee from three limited exceptions, including an excep- former U.S. Attorneys, each appointed REGISTRATION OF MUNICIPAL tion for commodity trading advisers by a Republican President: ADVISERS registered under the Commodity Ex- We believe that he is a fair minded and im- Mr. DODD. Madam President, on the change Act or their associated persons partial judge, who has the appropriate fit- occasion of the Municipal Securities who provide advice related to swaps. ness and temperament for the appellate Rulemaking Board’s, MSRB, imple- This exception covers swap dealers and court. mentation of congressionally man- major swap participants regulated by In addition, the Judiciary Committee dated registration of municipal advis- the CFTC. It does not extend to inde- has also received a letter signed by 17 ers, I would like to briefly speak on pendent swap advisers or other types of former assistant U.S. attorneys cur- this important development. Congress municipal advisers not explicitly ex- rently practicing law in Connecticut, in the Dodd-Frank Act of 2010 sought empted, which are meant to be subject in which they express their confidence to enhance the regulation of the $3 tril- to the MSRB rules. I expect that the that he will be ‘‘unbiased, compas- lion municipal securities market. The regulators of municipal swaps advisers sionate, and temperate.’’ law expanded the authority of the would adopt rules governing advisory This support demonstrates the high MSRB in recognition of the MSRB’s practices that are consistent with each regard in which Judge Chatigny is held deep and specialized expertise, and the other as well as relevant and appro- by the members of the legal commu- law expanded the mission of the MSRB priate for the municipal markets. nity in Connecticut that know him to protect issuers and other municipal Thus, municipal swaps advisers would best. In addition to the praise from the entities. It directed the MSRB to write be subject to practice rules embodying Connecticut Bar, Judge Chatigny has rules regulating municipal advisers— common principles, since they have the been unanimously rated ‘‘well quali- persons and firms that advise munici- same types of clients. fied’’ by the American Bar Association. palities and public pension funds or so- Judge Chatigny’s legal experience f licit their business on behalf of others, prior to his appointment reveals a rich which includes ‘‘financial advisers, NOMINATION OF ROBERT N. understanding of—and deep commit- placement agents, swap advisers’’ and CHATIGNY ment to—the American legal system. others. The law also reaffirmed the Mr. DODD. Madam President, I rise After graduating from Brown Univer- MSRB’s authority to regulate the con- today to express my strong support for sity and the Georgetown University duct of municipal securities dealers. At the nomination of Judge Robert Law Center, he served as a clerk to the same time, Congress required mu- Chatigny to serve on the U.S. Court of three Federal judges, including judges nicipal advisers to exercise a higher, fi- Appeals for the Second Circuit. I would Jon Newman and Jose Cabranes. Prior duciary standard of care to those mu- like to thank my dear friend and col- to his service on the court, he built an nicipal entities that seek their advice league, Chairman LEAHY, for his efforts excellent reputation in private prac- about municipal securities and other on this nomination. Chairman LEAHY, tice, first as an associate here in Wash- related financial matters. and his staff, does an outstanding job ington, before returning to private During the Senate-House Conference in seeking to ensure that the Federal practice in Hartford for nearly a dec- for the Dodd-Frank Act, the conferees courts function as our Constitution ade. carefully considered and debated alter- prescribes. I applaud him for his work In addition, Judge Chatigny has de- native approaches for overseeing mu- and his commitment to the rule of law. voted substantial time and effort to nicipal advisers and strengthening mu- Judge Chatigny was first nominated improving the legal profession. When nicipal securities market regulation. to the Second Circuit last year, but the Governor of Connecticut sought ex- We recognized that the MSRB has writ- after a sustained and, in my view, to- perienced and knowledgeable public ten a comprehensive set of rules on key tally unwarranted attack on him by servants to help make better public issues and said that the MSRB is well- some, my colleagues on the other side policy, Judge Chatigny was an easy equipped and experienced to write rules refused to grant consent to allow his choice, serving on both the State Judi- regulating participants in the munic- nomination to remain pending in the cial Selection Commission and the ipal markets. Over the past decades, Senate. As a result, under rule 31, his State Commission on Prison and Jail the MSRB has accumulated knowledge nomination, along with 12 others, in- Overcrowding. In addition, he has and hired specialized expertise to write cluding 4 other judicial nominees, was served in various roles with the Con- rules regulating the complex and var- returned to the President on August 5, necticut Bar Association, as well as ied municipal securities market. In ad- prior to the August recess. being an advisor to the congressionally dition, the Banking Committee in its While I was extremely disappointed created Federal Courts Study Com- report, S. Report No. 111–176 accom- by this development, I am pleased that mittee. panying S. 3217, said that the MSRB is President Obama decided to renomi- Unfortunately, Judge Chatigny has in the best position to assure that rules nate Judge Chatigny to this position. become the target of totally unjust at- are consistent with other rules gov- Judge Chatigny is an individual of out- tacks that threaten not only to defeat erning the municipal markets. standing character, keen intellect, and his nomination but also send a chilling

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The answer lies primarily in Court affirmed. Three days after this Ultimately, the new evidence did not Judge Chatigny’s role in the appeal of final ruling was handed down, Michael change the outcome of the case, and the first death penalty case in Con- Ross was executed. Ross was executed. But if Judge necticut in 40 years. Here are the facts. Thereafter, a State prosecutor filed a Chatigny had not intervened, an execu- Michael Ross raped and murdered complaint against Judge Chatigny al- tion would have occurred without the eight women. His crimes were heinous leging that his actions in the Ross case 6-day hearing that the State court and inhuman. He was convicted in the constituted judicial misconduct. The found necessary to determine the de- State courts of Connecticut and sen- chief judge of the Second Circuit con- fendant’s competency, and the assur- tenced to death. His defense of insan- vened a special three-judge panel to in- ance of compliance with constitutional ity, although seriously contested at vestigate the allegations. The panel in- requirements would have been lost. trial on the basis of conflicting psy- cluded former U.S. Attorney General After a call for an investigation by chiatric testimony, was rejected. Michael Mukasey, who was then chief some legislators in Connecticut was On January 21, 2005, 5 days before the judge of the U.S. District Court in made, the Bar Association’s president scheduled execution, a public defender Manhattan. The panel unanimously publicly stated that ‘‘no one should filed a petition for a writ of habeas cor- concluded that no judicial misconduct want decisions of life or death made pus in the Connecticut Federal district had occurred, and that ruling was without consideration of all relevant court that came before Judge unanimously adopted by the Judicial facts and circumstances,’’ and that the Chatigny. The petition presented sub- Council of the Second Circuit. attacks on the judge threatened to stantial evidence challenging Ross’s Despite the unanimous conclusion of ‘‘undermine’’ the independence of the competency, alleging that under the these distinguished jurists that Judge judiciary. Judge Chatigny’s handling of U.S. Supreme Court’s 1996 decision in Chatigny did nothing improper in his the Ross case was praised by both the Rees v. Payton, Ross was not com- handling of the Ross case, it has be- Hartford Courant and the Connecticut petent to waive legal challenges to his come a focal point for objections to his Law Tribune. death sentence, and that his execution confirmation. Some have argued that If Judge Chatigny is to be attacked would violate the 5th, 6th, 8th, and 14th the judge should not have intervened, for performing his constitutional func- amendments. even briefly, to delay the execution of tion as he saw it, what message does Three days later, on January 24, such an evil person as Michael Ross, an that send to other judges when con- Judge Chatigny conducted a hearing in admitted killer of 8 young women. fronted with constitutional claims in the habeas case and heard testimony I would, however, invite my col- cases that understandably arouse pub- from a psychiatrist supporting the leagues to consider carefully the impli- lic passions? Let me respond to one other criti- claim of incompetency. The judge cations of that criticism. Here was a cism that has been made concerning issued a stay of execution. The next district judge confronted with a sub- stantial claim, in a properly presented the Ross case. The critics have quoted day, January 25, the Second Circuit petition for a writ of habeas corpus, Judge Chatigny as saying that Ross Court of Appeals unanimously denied that new evidence put in doubt the should never have been convicted. the State’s motion to vacate Judge competency of a defendant about to be Their quotation is a serious distortion Chatigny’s stay and dismissed the executed. of what the judge said. State’s appeal from the stay order. The judge had two choices: he could Speaking with reference to the evi- Two days later, on January 27, the U.S. turn his back on the matter and let the dence of Ross’s insanity defense, the Supreme Court, by a vote of 5 to 4, va- execution proceed without any exam- judge said, expressing the traditional cated the stay of execution. ination of the new evidence, or he standard courts use in determining Later that same day, Judge Chatigny could insist that constitutional stand- whether there is sufficient evidence to received new evidence bearing on ards be followed and the new evidence present an issue to the jury, that Ross’s competency, and, mindful that be considered so that the execution, if ‘‘looking at the record in a light most he had been instructed not to enter any and when it occurred, would be carried favorable to Mr. ROSS, he never should order delaying the execution, neverthe- out in accordance with constitutional have been convicted.’’ Unfortunately, less felt it his duty to alert all counsel requirements. the critics have left out the important to the new evidence. He therefore faxed Turning his back on the case would first half of that statement. it to all counsel, and convened a tele- have been the easier course. Accepting Let me also briefly mention the con- phone conference to discuss the evi- the challenge to consider the habeas cerns raised by some about Judge dence. corpus petition, I believe, took consid- Chatigny’s treatment of Michael Ross’s The next day, January 28, Judge erable courage. The judge acted in con- attorney in regards to his law license. Chatigny convened another telephone formity with his oath of office, which I think this criticism does not stand up conference with all counsel and learned obliges him to uphold the Constitution to close scrutiny. of the existence of additional new evi- of the United States. And for that, he It is, of course, true that Judge dence bearing on the defendant’s men- is being savagely attacked. Chatigny had a heated discussion with tal competency. Some critics of Judge Chatigny’s the Ross’s lawyer regarding his client’s Shortly after midnight, the State nomination point out that the stay of competence. Judge Chatigny believed agreed to postpone the execution until execution issued by the judge was later strongly that a state court in Con- Monday, January 31, at 9 p.m. Later vacated by the U.S. Supreme Court by necticut should be given the oppor- that morning, on January 29, defense a vote of 5 to 4. And, of course, that 5 tunity to consider new evidence of counsel received information that the to 4 majority ultimately prevailed. Ross’s competence and tried to con- psychiatrist who had testified for the But it must be noted, in assessing vince the attorney of this. State might now have a different opin- Judge Chatigny’s decision to issue the There is no doubt that the exchange ion on the issue of mental competency stay, that of the 13 judges that re- between Judge Chatigny and the de- based on the new evidence. viewed the matter—1 district judge, 3 fense lawyer was intense. However, as Two days later, on January 31, de- Circuit Judges, and 9 Supreme Court the Judicial Council of the Second Cir- fense counsel filed a motion in State Justices—only 5 thought the stay cuit found, there was no misconduct in court to stay the execution. The State should not have been issued, and 8 this episode. In fact, the special com- did not oppose the motion, the motion thought it was proper. mittee’s report stated: was granted, and the death warrant ex- Even more significant is the fact that The judge was clearly concerned that [the pired. once the new evidence was brought to defense lawyer’s] reluctance to engage the

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Indi- both political parties. view and consent to his execution, in spite of viduals have attacked Judge Chatigny But let us assume, for a moment, indications that the client might be without because in some instances, he imposed that the criticism is valid. What I competence to make such a waiver. The a sentence below the sentencing guide- would then ask this body to consider is judge’s perception of the need for remedial lines in certain cases. this: is the criticism of the handling of action in his communications with the attor- What his detractors ignore is that one case out of the thousands over ney was reasonable. While his words were Judge Chatigny has also imposed sen- which Judge Chatigny has presided in strong, when properly understood they were tences at or above the top of the guide- not unreasonable. 16 years as an outstanding U.S. district lines’ range and that, according to Sen- judge a sufficient reason to oppose his Further, who among us in public life tencing Commission statistics, Judge confirmation for the court of appeals? during debates on contentious issues Chatigny’s sentences are well within Have we, as Senators, permitted the has never said anything that we would the mainstream of sentences of all the President’s selection of a well qualified perhaps not repeat? The next business judges in his district. judge with 16 years of outstanding judi- day after this episode, Judge Chatigny Indeed, the best commentary on cial service to be thwarted because in sought out the defense lawyer and Judge Chatigny’s sentences in criminal the hours before a scheduled execution, apologized for his actions. He recog- cases is the fact that in the 16 years he the first in Connecticut in 40 years, nized that his words were ‘‘excessive’’ has been a district judge, Federal pros- this judge thought it was his duty to and at the first chance available ecutors have not sought to appeal even make sure that constitutional stand- sought to apologize for them. I think one of these decisions. Let me repeat ards, as he understood them, required this shows exactly the sort of humble that: in 16 years as a Federal judge, him to act, not to overturn a convic- and self-examining personality that we prosecutors have never appealed one of tion, not to overturn a death sentence, need more of on the court. Judge Chatigny’s sentences. but simply to make sure that new evi- But perhaps most importantly, Mr. I have served in this body for nearly dence bearing on the defendant’s men- President, one verbal exchange be- 30 years. I am extremely proud of this tal competence was fairly considered? tween a judge and counsel, in the mid- institution and believe that it plays a It goes without saying that I am very dle of a highly contentious and emo- critical role in our republic. One of the disappointed the Senate will not be tional court case does not shed light on most important functions we have is to voting on this nomination before the the entire arc of a judge’s career. As vote on nominees to the executive and end of the 111th Congress. Judge demonstrated from the record and the judicial branches of our government. Chatigny is superbly qualified for a support he has received in Connecticut, It saddens me to note that this body seat on the Second Circuit, and I be- this episode is an aberration and one has let partisan politics and delaying lieve the Senate has made a serious not likely to be repeated. We should tactics interfere with our constitu- mistake by not confirming him. not unduly punish someone with an tional responsibility to provide advice outstanding record such as Judge and consent on the President’s nomi- f Chatigny because of one heated ex- nees. Unfortunately, Judge Chatigny is change. What type of judicial standard not the only eminently qualified judi- FLOODING IN COLOMBIA would we be asking of those who aspire cial nominee to face this challenge. to the bench? As of November 29, the Senate had Mr. LEAHY. Madam President, I The critics have also said that the only confirmed 41 of President Obama’s want to take a minute to call attention complete exoneration of Judge Federal circuit and district court to a humanitarian disaster that has re- Chatigny on the misconduct complaint nominees so far this Congress. By con- ceived only passing mention in the has little, if any, bearing on whether trast, during the first Congress of the international press and which many he should be confirmed for the court of George W. Bush administration, the Senators may be unaware of. appeals. Yet they persist in claiming Senate, which at that time was con- On December 7, Colombia’s President that the Judge did something improper trolled by Democrats, confirmed 100 of Juan Manuel Santos declared a state of when the claim of improper conduct that President Bush’s nominees to the ‘‘economic, social and ecologic emer- was totally rejected. Federal bench. gency’’ as a result of massive flooding On this last point, I believe it is also In addition, there have been repeated which he called a ‘‘public calamity.’’ worth reiterating that one of the roadblocks to the consideration of nu- Heavy rains over a period of months judges who served on that panel, Mi- merous well-qualified nominees to have caused landslides that have swept chael Mukasey, also served as U.S. at- critically important posts within the away homes and rivers to overflow torney general during the waning years executive branch. The Federal Govern- their banks, and now large areas of the of the Bush administration. ment has an immense amount of work country are inundated with water. Ac- But Michael Mukasey has done more to do, and obstructionist tactics have cording to a December 17 report by the than simply reject a misconduct com- only made that harder. U.N. Office for the Coordination of Hu- plaint. Once the nomination of Judge I am convinced that this Judge de- manitarian Affairs which is assisting Chatigny was made, Michael Mukasey serves to be confirmed. He has out- the Colombian government, so far 2.1 let it be known that he supported the standing qualifications and an out- million people have been affected by confirmation of Judge Chatigny for a standing record. No one, even his crit- the flooding, 270 have died, 62 are miss- seat on the court of appeals. Can any- ics, doubts either his qualifications or ing, and more than 300,000 houses have one seriously believe that a former his record. I believe he is being opposed been damaged or destroyed. Thousands U.S. attorney general would support a because he acted with great courage to of miles of roads have been obstructed, nominee to the Federal bench who was live up to his oath of office and uphold damaged or destroyed. not unquestionably deserving of con- constitutional standards in one widely Twenty-eight of the country’s 32 de- firmation? publicized case involving a despicable partments, which comprise 61 percent And Michael Mukasey’s support of murderer. of the country, have been affected. Judge Chatigny’s nomination does not Would that all judges display that President Santos said the number of stand alone. As I mentioned earlier, kind of courage when put to a similar homeless from the flooding could reach three former U.S. attorneys appointed test. 2 million, and that ‘‘the tragedy the by Republican Presidents, the prosecu- Let me conclude with one further country is going through has no prece- tors most familiar with Judge point. I recognize that some of my col- dents in our history.’’ What’s worse, Chatigny’s record, have publicly in- leagues believe that Judge Chatigny’s the rains are expected to continue formed the Senate Judiciary Com- handling of the Ross case merits criti- through next June.

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10924 CONGRESSIONAL RECORD — SENATE December 21, 2010 I do not have to remind anyone here are working to develop strategies to Louisiana who has helped guide the of our close relationship with Colom- protect the world’s most vulnerable Senate. We each, Senators on both bia. I also know Colombia has emer- people from this growing threat. We sides of the aisle, owe her our grati- gency response capabilities which may need to support this and work together. tude. She is a professional who helps not exist in remote areas of other I commend President Santos who has set the right tone for all of us—Sen- countries similarly affected by severe not only helped to alert the world to a ators, staff, and pages. flooding or other natural disasters, catastrophe that had previously gone The young people, high school stu- such as Pakistan. I was pleased to largely unnoticed outside his country, dents from around the country, who learn that the U.S. Army Corps of En- but who has taken other important continue their studies while serving as gineers has people in Colombia because steps in his first months of office that Senate pages for a semester or a sum- the devastation is on a scale more mas- have won the respect and support of mer are another group of beneficiaries sive than any developing country could the Colombian people. His efforts to of Lula’ s tutelage. She is a tough but deal with alone. There may also be diffuse tensions with Colombia’s neigh- fair taskmaster. Democratic pages other ways we can provide assistance. bors, to begin tackling head on the learn that every job, no matter how I also use this opportunity to note daunting economic, social and judicial small, needs to be done right. what appears to be the growing number challenges facing Colombia, and to ap- They learn lessons that will serve and intensity of natural disasters point several top officials who have the them throughout their lives. She has around the world that are straining the necessary qualifications and integrity, been a mentor, friend and role model to international community’s emergency are admirable. hundreds of youngsters from around response capabilities. While no single After a decade of Plan Colombia, the country over the years. At the end weather event can be definitively at- U.S.-Colombia relations are entering a of their tour of duty, they appreciate tributed to climate change, scientists new phase. While there will likely con- what she has given them and, I hope, have long predicted an increase in the tinue to be issues about which we dis- share her respect for the Senate. frequency and severity of extreme agree, I look forward to working with She has never failed to fulfill her du- weather events as a result of global President Santos and his government ties as she has steadfastly served with warming. They also predict that as on a wide range of issues of mutual in- a succession of Democratic leaders. In many as 200 million people could be terest and concern. truth, she has served not just the displaced by natural disasters and cli- f Democratic Senate caucus but the Sen- mate change by 2050. That would cause ate and the country. TRIBUTE TO LULU DAVIS incalculable havoc for many countries. I will miss Lula Davis and wanted to President Santos, who to his credit Mr. LEAHY. Madam President, as we say how much I appreciate all she has has been out in the countryside with approach the end of this Congress we done for each of us. people who have lost family members, are saying goodbye to people with f homes and, in many cases, everything whom we have been privileged to serve AMERICA COMPETES they own, said he canceled his trip to over the past years. We often talk REAUTHORIZATION ACT the U.N. Climate Change Conference in about Senators who have completed Cancun so he could deal with the dev- their terms. In that regard, a number Mr. BINGAMAN. Madam President, astation that climate change is causing of my friends will be leaving the Sen- last Friday the Senate in an act of bi- in his own country. Pakistani govern- ate and I am making statements about partisanship reauthorized the America ment officials likewise blamed climate them. COMPETES Act, which was first signed change for the massive floods there Today, I want to talk about a woman into law August 9, 2007. It did so this that have affected more than 20 million who has served the Senate and the time under unanimous consent; the people over the past several months. American people for three decades, and last time it took 3 days of debate. I Whatever the cause, and there isn’t whose career sets a high standard of would like to note that this reauthor- time today to discuss my views about professionalism and public service that ization continues the strong tradition the role that deforestation and the inspires countless others. She was not of bipartisanship which augurs well for burning of fossil fuels play in global elected to serve as a Senator, but she the ability of our Nation to conduct warming, the world’s climate is un- has been essential to the work of the cutting edge research while innovating questionably changing. And a dis- Senate for a number of years. and competing in our global economy. proportionate number of recent cli- Lula Johnson Davis began her Senate In a time of concern about our budget mate related disasters has occurred in career as a legislative correspondent deficit, the passing of this act by unan- the world’s poorest countries where for Senator Russell Long of Louisiana. imous consent is an acknowledgment most people’s lives depend on agri- She later worked for the Democratic by the Senate as a whole that tax dol- culture. They have seen their homes Policy Committee. In 1993, she became lars spent on these topics is money destroyed, crops drowned in water and a key member of our Democratic floor well spent. buried in mud, and what few posses- staff The floor staff is critical to the But behind that simple act of unani- sions they have swept away. Other proper functioning of the Senate. mous consent laid almost 2 years of countries have suffered years of They advise Senators on floor proce- hard work at the staff and Member drought, and water sources that have dure and help keep the Senate oper- level in the Senate. sustained life for centuries have dried ating within the formal Senate Rules First and foremost, I would like to up. In as little as 25 years, glaciers that and the informal Senate practices that acknowledge the leadership of Senator millions of people and their livestock honor our traditions of courtesy and ci- LAMAR ALEXANDER. Senator ALEX- depend on for drinking water have vility. When Senators are not bollixing ANDER worked with members of his Re- shrunk to a fraction of their size. up the proceedings, the floor staff fa- publican caucus to ensure their views These issues are going to occupy our cilitates the business of the Senate. were incorporated into this bill. He has time and severely tax our resources for They are the unseen and unrecog- kept his unwavering belief that the the foreseeable future, and we and nized teachers for new Senators. They strength of our Nation, its ability to other countries urgently need to de- help guide all of us through Senate proposer and create good paying jobs, velop plans to try to prevent and adapt consideration and voting on every rests on the investment we make in to climate change and to respond when measure that comes before this body. educating our children in science and disaster strikes. She leaves the Senate having started education, conducting research at uni- I am encouraged that there is a new as a legislative correspondent and hav- versities and laboratories and using a field of research specifically focused on ing risen to become the Secretary of well educated workforce to promote in- better understanding, preventing and the Majority of the U.S. Senate. novation in our global economy. responding to large scale displacement Through the decade of the 1990s and The America COMPETES Act in- of people as a result of climate change this first decade of the new century, as volved the work of three Senate com- and natural disasters. Nongovern- the assistant secretary and now sec- mittees: the Senate Commerce, Science mental and international organizations retary, it has been this woman from and Transportation Committee; the

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10925 Senate Committee on Health Edu- luctantly after numerous failed at- practitioner’s order for a controlled cation, Labor and Pensions, HELP; and tempts to work with the agency for substance, specifically schedule II the Senate Energy and Natural Re- over a year on the issue of delivering drugs, to DEA-licensed pharmacies sources Committee. As before, Matt pain medication to nursing home resi- orally or by fax. The nursing home, Sonnesyn, who participated in the last dents in a timely matter. while not licensed by DEA, will des- America COMPETES effort provided a At a Special Committee on Aging ignate those authorized to transmit a stable and steady push to keep the bill hearing I chaired earlier this year, pan- practitioner’s order and to make a list on track. In the Commerce Committee, elists detailed a recent DEA enforce- of those authorized agents available to Ann Zulkosky on Senator ROCKE- ment initiative that has delayed many the pharmacy. In exchange, nursing FELLER’s staff worked long hours nursing home patients from receiving homes, practitioners, and pharmacies through a markup and subsequent staff much-needed medication to control will be required to take certain steps drafts of the bill while at the same their pain. For several years, nurses to verify their accountability. time managing to reauthorize NASA. had been able to call into pharmacies I happily submit for the record a doc- Maryam Khan and Hugh Derr on Sen- urgently needed prescriptions fol- ument detailing the specifics of our ator Hutchinson’s staff worked with lowing a doctor’s order. Pharmacies agreed-upon framework for the legisla- Ann throughout this time; Robin would fill the order, patients would get tion outlined above. I am confident Juliano on Senator HARKIN’s staff on their pain medication, and doctors that it will ensure our mutual interests the HELP committee worked with would follow up with written confirma- are met by enabling nursing home resi- Christopher Eyler on Senator ENZI’s tion of the prescription. Due to the dents to have the pain medication they HELP staff to ensure education pro- DEA’s new enforcement initiative, need while preventing drug diversion grams were updated where appropriate; pharmacies face huge administrative and misuse. I would like to thank At- Jonathan Epstein on my Energy Com- fines if they continue to follow this torney General Holder for his strong mittee staff worked tirelessly, as he practice. Most disturbingly, nursing commitment to seeing that a Federal did on the original bill, and along with home residents sometimes must endure legislative solution can be moved for- Isaac Edwards on Senator MURKOWSKI’s the pain for hours or even days as nurs- ward in the opening weeks of the 112th Energy Committee staff worked ing home staff try to adhere to the Congress. After all, time is of the es- through energy programs and updated newly enforced regulations. Finally, sence for nursing home residents who them to account for changes since the nursing homes have been forced to send are in need of immediate pain relief. last COMPETES Act. frail and pain-ridden residents to the f There are other important staff I emergency room, at great cost, simply CONFIRMATION OF ALBERT DIAZ would like to acknowledge who made to get pain medication that they used this effort in the Senate a success: to be able to get in their nursing home. Mr. CARDIN. Madam President, I am David Cleary on the HELP Committee, At Ms. Leonhart’s nominating hear- pleased the Senate has confirmed the Adam Rondinone and Neena Imam in ing before the Judiciary Committee in nomination of Albert Diaz of North Senator ALEXANDER’s personal office, November, I expressed my disappoint- Carolina to be a U.S. circuit judge for Ann Begeman, Senator Hutchinson’s ment that the DEA had not followed the Fourth Circuit. Commerce Committee Staff Director, through on the pledges made to the Judge Diaz is strongly supported by Ellen Doneski, staff director for the Aging panel in March to work with us his home State Senators, Senators majority and Chris Martin, Andrew to address the problem swiftly. Nearly HAGAN and BURR, and he received the Ruffin, Bruce Andrews, and Brian Hen- 2 weeks after her confirmation hear- highest possible rating of ‘‘well quali- dricks of the Commerce Committee; ing—and three months after submit- fied’’ from the American Bar Associa- Trudy Vincent, my legislative director ting a draft proposal to DEA—I was tion’s rating committee. The process and Peter Zamora, my education coun- told that any solution would require Senators HAGAN and BURR used to rec- sel; Robyn Hiestand on the Budget each State to grant nursing homes the ommend these nominations to the Committee, Rachel Sotsky in Senator authority to dispense controlled sub- President—working in a bipartisan LIEBERMAN’s personal office, Lula stances pain medications. However, fashion with each other and the White Davis, the secretary for the majority, any solution requiring ‘‘state-by-state’’ House—is a model for how we can im- Tim Mitchell on Senator REID’s floor action would take many years to prove the judicial selection and con- staff, Laura Dove the assistant sec- achieve. The urgent pain relief situa- firmation process going forward. retary for the minority and Bob Simon, tion in nursing homes will not permit I chaired the confirmation hearing my Energy Committee staff director. such a long-term approach. When the for Judge Diaz in December 2009, and in Finally, I need to give a special thanks Judiciary Committee approved Ms. January 2010 the Judiciary Committee to the legislative counsels who worked Leonhart’s nomination, I asked to see unanimously approved his nomination with staff to accurately draft the bill— meaningful progress on the issue prior by a 19–0 vote. Lloyd Ator on the Commerce Com- to her final confirmation. I am disappointed that it has taken mittee, Amy Gaynor who drafted the I am pleased to have recently re- the Senate almost a full year to take HELP Committee text and Gary Endi- ceived Attorney General Eric Holder’s final action on this nomination. cott who drafted the Energy Com- assurance that he will promptly deliver I take a special interest in the mittee text. the DOJ’s support for a legislative fix. Fourth Circuit, as it includes my home As you can see, the America COM- As a result of our discussion, I am re- State of Maryland. When President PETES Act involved a large number of leasing the hold on Michele Leonhart’s Bush was in office, in May 2008 I bipartisan staff, all working together nomination, and I look forward to in- chaired the confirmation hearing for for the common goal of promoting the troducing a mutually acceptable legis- Justice Steven Agee, who served on the ability of our nation to compete in a lative fix in the opening days of the Virginia Supreme Court and was con- global economy. I am grateful to all of 112th Congress. firmed to be a U.S. circuit judge for the the them for their hard work. Based on our agreement, DOJ will de- Fourth Circuit. Since President Obama I am also delighted that today, De- liver draft legislation to me in January has taken office, in April 2009 I chaired cember 21, the House of Representa- to permit the timely delivery of pain the confirmation hearing for Judge tives passed this bill as well. medications to nursing home residents. Andre Davis of Maryland, a Federal f The legislation will deem certain district judge in Baltimore, who was nurses or other licensed health care confirmed last year to be a judge on LEONHART NOMINATION professionals to be ‘‘authorized the Fourth Circuit. In October 2009, I Mr. KOHL. Madam President, I rise agents.’’ Those agents will be chosen chaired the confirmation hearing of to announce that I have lifted the hold and designated by the nursing home as Justice Barbara Keenan of Virginia, I placed earlier this month on Michele agents of DEA-licensed practitioners— who had served on the Virginia Su- Leonhart’s nomination to be Adminis- practitioners being the resident’s at- preme Court and was confirmed in trator of the U.S. Drug Enforcement tending physician or specialist. They March of this year by the Senate. Fi- Agency, DEA. I had placed the hold re- will be authorized to transmit the nally, in December 2009, I chaired the

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10926 CONGRESSIONAL RECORD — SENATE December 21, 2010 confirmation hearing of James Wynn of mately chief review officer. He then His essay discusses public diplomacy North Carolina, who had served as an moved to the Navy’s Office of the at the local level and mentions my associate judge of the North Carolina Judge Advocate General, JAG, where home town of Tulsa, OK, as an example Court of Appeals, and was confirmed by he served for 4 years as appellate gov- of a community that has developed in- the Senate in August 2010. ernment counsel handling criminal ap- novative international visitor pro- I mention these nominations by way peals. Upon entering private practice, grams. Public diplomacy is vital to of background for my colleagues, be- Judge Diaz remained in the Marine keeping our country safe. The best way cause the Fourth Circuit has had one of Corps Reserves, serving over the years to defeat the forces of extremism is to the highest vacancy rates in the coun- as a defense lawyer, trial judge, and ap- educate people around the globe about try. When I came to the Senate in 2007, pellate judge. America and our values, culture, and out of the 15 seats authorized by Con- Judge Diaz was the first Latino ap- people. gress, 5 of the seats of the Fourth Cir- pointed to the North Carolina Superior I strongly support Richard’s work cuit were vacant. That means that one- Court when he was named as a resident around the world and I ask unanimous third of the court’s seats were vacant. superior court judge in 2001. consent that the statement by Richard Our circuit courts of appeals are the I therefore pleased that the Senate Soudriette be printed in the RECORD. final word for most of our civil and has confirmed Judge Diaz, an out- There being no objection, the mate- criminal litigants, as the Supreme standing nominee who enjoys bipar- rial was ordered to be printed in the Court only accepts a handful of cases. tisan support from his home State Sen- RECORD, as follows: We should also be working to in- ators and a unanimous endorsement PUBLIC DIPLOMACY: BUILDING BRIDGES OF crease the diversity of the judges of the from the Judiciary Committee. By con- UNDERSTANDING Fourth Circuit. The Fourth Circuit is firming Judge Diaz, the Senate takes [By Richard W. Soudriette, Center for one of the most diverse circuits in the an important step in bringing the va- Diplomacy and Democracy, December 8, 2010] Nation, according to the most recent cancy rate down on the Fourth Circuit, Ever since the proclamation of the Dec- Census estimates. In terms of the and for the first time in many years laration of Independence in Philadelphia Fourth Circuit—which consists of the confirmed judges on the Fourth over 200 years ago, America has championed Maryland, Virginia, West Virginia, Circuit will be almost up to full the power of the human spirit. Across the globe, America is a beacon of freedom that North Carolina and South Carolina—22 strength. Finally, we will have a more gives hope to people living under oppression. percent of the residents are African diverse bench that better represents Our country faces many challenges never American. In my home State of Mary- the population of this circuit. envisioned by the Founding Fathers in 1776. land, African Americans constitute 30 f The deadly attacks on America that oc- percent of the population. By way of curred on September 11, 2001 revealed that DIPLOMACY comparison, the U.S. population is 12 extremist elements seek to destroy America percent African American. Mr. INHOFE. Madam President, and all that it symbolizes. Al-Qaeda and Ironically, the judges on the Fourth today I wish to talk about public diplo- their cohorts are dedicated to the eradi- macy. I have spent a lot of time in Af- cation of human rights and democracy. Is- Circuit have not historically been lamic extremists do a great injustice to Mus- known for their diversity. The first rica and have built close relationships lims who reject the extremist philosophy of woman to sit on the Fourth Circuit was with many African leaders. As you hatred, ignorance, and intolerance. not appointed until 1992. The first Afri- know, our country’s official diplomacy Defeating the forces of extremism will re- can American to sit on the Fourth Cir- is conducted by the State Department. quire more than military power. It also will cuit was not appointed until 2001. However, public diplomacy involving require tenacious public diplomacy to edu- In recent years I am pleased that the people-to-people interaction is equally cate people from Muslim countries, as well important for promoting a positive as elsewhere, about America. Fourth Circuit has indeed become more Public diplomacy is a term that was coined diverse and representative of the popu- image of America to the world. The by respected career U.S. diplomat, Edmund lation it oversees. The Senate took an- United States is admired as a beacon of Gullion, who also served as dean of the other important step forward to in- freedom for oppressed people every- Fletcher School at Tufts University. Ambas- crease diversity on the Fourth Circuit where. The attacks on the U.S. of 9/11 sador Gullion described public diplomacy as with the confirmation of Judge James demonstrate the new challenge we face the way sovereign nations openly and trans- Wynn before our August recess. I am by the forces of ignorance and intoler- parently communicate their ideas, culture, pleased that 4 out of the 15 judges on ance that seek the destruction of our and values to people of other countries. country. Public diplomacy has become an essential the Fourth Circuit—about one-quarter component of U.S. foreign policy. The Obama of the court—are now African Amer- Today I include in the record an in- Administration has sought increases in pub- ican. And I am also pleased that in sightful essay that I will share with lic diplomacy funding. The current Under 2007, for the first time in history, a the members of the Senate Foreign Re- Secretary of State for Public Diplomacy and woman served as chief judge of the lations Committee about the critical Public Affairs, Judith McHale, recently un- Fourth Circuit. Until a vacancy oc- role of public diplomacy in building veiled ‘‘The Strategic Plan for Public Diplo- curred last year, women made up 3 out bridges of good will for the United macy for America in the 21st Century.’’ Despite bipartisan support for public diplo- of the 15 judges on the Fourth Circuit, States. The author is Richard Soudriette, the president of the Center macy, the image of the U.S. continues to or one-fifth of the court. I look forward lose ground in many parts of the globe. Our to further increasing the diversity of for Diplomacy and Democracy in Colo- image problem in many countries is docu- the Fourth Circuit in the future. rado Springs, CO. Mr. Soudriette is the mented by the work of the Pew Charitable With the nomination of Judge Diaz, founding president of the International Trusts Global Image Project. Some respected the Senate has another opportunity to Foundation for Electoral Systems, organizations such as the Council on Foreign increase diversity on the Fourth Cir- IFES, which has promoted free and fair Relations have focused on the failings of our cuit. Judge Diaz is the first Latino elections in over 120 countries. public diplomacy apparatus. The morphing judge to ever sit on the Fourth Circuit I have a long and personal history of the United States Information Agency with Richard as he was my chief of into the State Department during the Clin- in its history. ton Administration is identified as a major Judge Albert Diaz also comes to the staff in my office as mayor of Tulsa. cause for deficiencies in our public diplo- Senate with a broad range of both judi- Since then, he went on to be the found- macy efforts. The Council on Foreign Rela- cial and legal experience in both the ci- ing president of the International tions has offered recommendations to the vilian and military court systems. Foundation for Electoral System, State Department to fix our public diplo- Judge Diaz currently serves as a spe- IFES, which has promoted free and fair macy, but these will require time and fund- cial superior court judge for complex elections in over 120 countries. Richard ing to implement. business cases, one of only three in and I share the same heart for Africa The State Department already has the and the same vision for developing means to improve our public diplomacy out- North Carolina. reach to the world. For example, the State Judge Diaz began his legal career in countries around the world; that they Department should make certain that am- the U.S. Marine Corps legal services continue to move towards self-suffi- bassadors and foreign service officers are support section, where he served as a ciency and become thriving economic fully briefed on the State Department’s pub- prosecutor, defense counsel, and ulti- nations. lic diplomacy strategic plan before they are

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10927 posted abroad. Also, it should be made clear International visitor programs play a key ADDITIONAL STATEMENTS that a major part of their duties will be to role in successful public diplomacy. For assist the Secretary of State in imple- nearly sixty years, the State Department menting the plan. has funded visits by thousands of inter- MISSOURI 2009 MALCOLM Foreign service officers provide an imme- national visitors to acquaint them with our BALDRIGE AWARD RECIPIENTS diate opportunity for the U.S. to engage in country. Often, these visitors eventually be- ∑ effective public diplomacy. In 2008, the come leaders in their countries. The Presi- Mrs. MCCASKILL. Madam President, United States Advisory Commission on Pub- dent of France, Nicolas Sarkozy, traveled to I think that every Senator is under- lic Diplomacy issued a report entitled ‘‘Get- the U.S. in 1985 on a State Department spon- standably proud of their own State, but ting the People Part Right: A Report on the sored trip. Today he is regarded as one of the today I have special reason to be proud Human Resources Dimension of Public Di- most pro-U.S. leaders in France. of Missouri. Just last week, Vice Presi- plomacy.’’ This report highlights the public The State Department’s Bureau of Edu- dent BIDEN awarded the 2009 Malcolm diplomacy void that has existed since 1999 cational and Cultural Affairs funds most of when the United States Information Agency Baldrige National Quality Awards to the government sponsored international vis- was eliminated and its functions were five different companies and three of itor and scholarship programs. The bureau merged into the State Department. The re- those five companies hailed from the has rules in place stipulating that prime con- port states that most foreign service officers great State of Missouri. The Baldrige tractors and grantees for State Department fail to grasp the importance of public diplo- funds must be in existence for a minimum of Award recognizes only the highest per- macy, and at best, they merely pay lip serv- four years. These rules stifle innovative pro- forming companies in the U.S. in terms ice to it. The report also discusses the lack gramming by new organizations and inhibit of quality and performance, and the of recruitment of U.S. diplomats with the ap- the ability of community based groups be- fact that three out of the five awards propriate people skills for public diplomacy. yond the Capital Beltway to access funding. went to Missouri companies is a testa- The report cites the need for more training for our diplomats so that they might have For most international visitor programs, ment to the spirit and work ethics of the knowledge and the skills to effectively the State Department contracts with the Missourians. interact with people from other countries. same large East Coast organizations. These Heartland Health is a health system Newly hired foreign service officers fre- organizations rely on a patchwork of com- based in St. Joseph, MO, that has an quently work at U.S. Consulates processing munity based groups across the U.S. to orga- extraordinary commitment to improv- visa applications for persons wishing to trav- nize meaningful professional, educational, ing their patients’ health rather than el to the U.S. This is a high stress job and it and cultural programs for international visi- tors. Unfortunately, these East Coast organi- just treating patients’ sicknesses, as is demands that they possess strong inter- all too often seen in the healthcare personal skills. While serving as the director zations pass on very little, if any, funding to of the Peace Corps program in the Domini- communities that have agreed to receive community. The staff at Heartland can Republic, I frequently heard anecdotes international visitors. Hosting of inter- Health recognizes that while providing from Dominicans who had received rude national visitors relies on local volunteers world-class treatment for acute ill- treatment when seeking visas at the U.S. and in-kind support. The lack of financial re- nesses is vital, it is equally important Consulate. While the visa application process sources at the local level results in a huge to understand why individuals become requires extensive screening, all visa appli- disparity in the quality of programming that ill, and they do everything possible to international visitors receive. cants should receive prompt and courteous prevent those patients from ever need- service. U.S. diplomats who engage in arro- Some communities like Tulsa, Oklahoma ing hospital care in the first place. gant behavior towards visa applicants create do a superb job in organizing and managing ill will and plant seeds of hatred towards international visitor programs. Since 1995, Their mission is: ‘‘To improve the America. the Tulsa Global Alliance has provided excel- health of individuals and communities Another aspect of public diplomacy that lent programs in this area. Tulsa has devel- located in the Heartland Health region needs attention is the manner in which offi- oped an organizational model that relies on and provide the right care, at the right cers of the Bureau of Customs and Border a mix of professional and volunteer support. time, in the right place, at the right Protection receive and process arriving The Tulsa program has been successful in de- cost with outcomes second to none.’’ international visitors. Since the events of veloping a broad funding base that provides This is not just a catchy slogan, but in- 2001, the work of Customs and Border Protec- more than $400,000 per year for international stead it is a commitment that has tion officers has become more stressful and visitor activities. Funding comes from cor- challenging. While most officers perform porations, individual donors, foundations, yielded results. Heartland Health is well, there are some who do not receive program fees, and limited grants from the among the top 15 percent of all U.S. international visitors with courtesy. Cus- State Department. hospitals in patient safety; they have toms and Border Protection officers play a It is recommended that the State Depart- achieved 90 percent patient satisfac- huge public diplomacy role. When officers ment modify its rules for funding inter- tion, and they have done all this while are surly, they offend international visitors national visitor programs. Contracts for at the same time saving millions of to the United States. large organizations should require that they dollars by realizing efficiencies. As our The Bureau of Customs and Border Protec- provide grants of at least 25 percent of their entire country struggles with providing tion should incorporate customer service total project budgets to be passed on to training into its curriculum for all per- quality healthcare at affordable prices, international visitor committees at the local I invite anyone to visit the ‘‘Show Me’’ sonnel. When developing this training, it level. This funding will help provide needed would be wise to tap the experience of com- resources to ensure that high quality pro- State, where Heartland Health stands panies like the Disney Corporation which grams are offered to international visitors. as an example for how a commitment has a track record of receiving throngs of The public diplomacy implications of these to quality can yield the best care avail- people with respect and courtesy. Courteous international visitor programs are too im- able affordably. They have been appro- treatment upon arrival in our Nation can portant not to have sufficient funding. priately recognized with the Malcolm pay dividends by promoting a positive image of the United States. The Bureau of Educational and Cultural Baldrige National Quality Award, join- The State Department and the U.S. Agen- Affairs of the State Department should give ing a select group of companies that cy for International Development (USAID) priority to funding small and newly estab- are the best of the best, and I applaud can achieve immediate impact in public di- lished organizations engaged in inter- Heartland Health and all of the great plomacy by requiring all contractors and national visitor programs. The Bureau should be encouraged to make available up men and women who make up its team grantees to incorporate public diplomacy as- for their achievement and their work. pects into their work. USAID utilizes many to 25 percent of its budget for international visitor programs to small and newly estab- Honeywell Federal Manufacturing & for-profit and not-for-profit organizations to Technologies in Kansas City, MO, plays provide services in areas such as democracy, lished organizations. This new approach economic development, governance, health, would open the door for communities across an integral role in the underappre- public works, and rule of law. All organiza- America to develop their own capacity to ciated work of keeping our Nation’s tions that undertake work abroad on behalf implement high quality international visitor nuclear arsenal in working order. The of USAID have an important public diplo- programs. The end goal would be that each Kansas City Plant works to provide the macy responsibility. international visitor would have a fulfilling National Nuclear Security Administra- experience in the U.S. USAID should require grantees and con- tion with electrical, mechanical and tractors, whenever feasible, to hire project The security of America and the future of material components manufactured to managers who speak the language of the our democracy demand more commitment to country where they are working. Personnel public diplomacy. To keep America safe and exacting quality specifications to help working abroad on USAID funded projects to protect our values, ideals, and principles, meet key national security objectives. should undergo orientation training about we must build bridges of understanding with Honeywell Federal Manufacturing & local culture and customs. people across the globe. Technologies uses a Six Sigma Plus

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10928 CONGRESSIONAL RECORD — SENATE December 21, 2010 Continuous Improvement Model and it 2009 Malcolm Baldrige National Qual- S. 3874. An act to amend the Safe Drinking has resulted in an unmatched level of ity Award. I look forward to seeing Water Act to reduce lead in drinking water. customer satisfaction. Honeywell has what these companies and their em- H.R. 628. An act to establish a pilot pro- gram in certain United States district courts also been a key partner in the transi- ployees accomplish next. I know it will ∑ to encourage enhancement of expertise in tion to the new state-of-the-art Kansas be something great. patent cases among district judges. City Responsive Infrastructure, Manu- f H.R. 4973. An act to amend the Fish and facturing and Sourcing, KCRIMS, facil- Wildlife Act of 1956 to reauthorize volunteer ity, which officially broke ground in TRIBUTE TO DR. ANTHONY programs and community partnerships for September. They have been a steward CERNERA national wildlife refuges, and for other pur- poses. in ensuring safety, quality and effi- ∑ Mr. LIEBERMAN. Madam President, ciency in all areas of their work, espe- today I recognize the tremendous work The enrolled bills were subsequently cially with respect to the production of of Dr. Anthony Cernera, a good friend signed by the President pro tempore the nonnuclear components for the Na- and the very accomplished president of (Mr. INOUYE). tion’s nuclear weapons with NNSA. Sacred Heart University in Fairfield, ENROLLED BILLS SIGNED Honeywell’s outstanding work has also CT. After 22 years of distinguished At 12:27 p.m., a message from the provided an essential foundation for a service to the Sacred Heart commu- House of Representatives, delivered by continued partnership at the new nity, Tony is moving on to pursue new Mr. Novotny, one of its reading clerks, KCRIMS facility and the company’s and different opportunities in Catholic announced that the Speaker has signed ongoing role as a strong member of the education and beyond. the following enrolled bills: local Kansas City community. I am Since 1988, Dr. Cernera has led Sacred H.R. 1107. An act to enact certain laws re- deeply proud of the work the men and Heart with purpose and grace as he lating to public contracts as title 41, United women on the Honeywell team carry helped to fulfill the college’s mission of States Code, ‘‘Public Contracts’’. out at the Kansas City Plant and of its H.R. 6473. An act to amend the Internal preparing its students to be contrib- central importance to our Nation’s na- Revenue Code of 1986 to extend the funding uting members of the global commu- tional security and I could not be more and expenditure authority of the Airport and nity. He expanded this noble mission pleased to see them recognized for Airway Trust Fund, to amend title 49, United by increasing the school’s reach and States Code, to extend the airport improve- their work with this preeminent award. ment program, and for other purposes. MidwayUSA is a family-owned busi- the opportunities it offers, all while preserving the rich Catholic intellec- H.R. 6510. An act to direct the Adminis- ness located in Columbia, MO, that has trator of General Services to convey a parcel been providing shooting, hunting and tual tradition that forms its identity. He helped transform Sacred Heart from of real property in Houston, Texas, to the reloading supplies for over 30 years. Military Museum of Texas, and for other The company, started by Larry a small commuter school serving Fair- purposes. Potterfield and his wife Brenda, exem- field and the neighboring community H.R. 6533. An act to implement the rec- plifies the ‘‘Made in America’’ motto into a vibrant residential university, ommendations of the Federal Communica- tions Commission report to the Congress re- by employing hundreds of Missourians introducing new and innovative degree programs and course offerings to keep garding low-power FM service, and for other who are themselves passionate about purposes. hunting and shooting, two activities pace with an ever-changing world. The The enrolled bills were subsequently that are centerpieces of Missouri’s rich progress he achieved helped advance a signed by the President pro tempore sportsman culture. The passion of value-driven education that will enrich (Mr. INOUYE). Larry and Brenda shows in the quality the lives of all who receive it. Dr. Cernera embodies the many deep- of the work of their entire team. At 12:47 p.m., a message from the MidwayUSA has earned 98 percent cus- ly held values that Sacred Heart es- pouses. He does not see the world House of Representatives, delivered by tomer retention, and a 93 percent cus- Mr. Novotny, one of its reading clerks, tomer satisfaction rating, both re- around him for what it is, but instead for what it can be. Where he sees prom- announced that the House has passed markable achievements. While the following bills, without amend- MidwayUSA has progressed over time ise, he leads through action. With the creation in 1992 of the Center for Chris- ment: from taking orders by mail, then S. 118. An act to amend section 202 of the phone, and now via the internet, one tian-Jewish Understanding of Sacred Heart University, Dr. Cernera has Housing Act of 1959, to improve the program thing that has not changed is its mis- under such section for supportive housing for sion, ‘‘To be the best-run business in striven for a world of greater interreli- the elderly, and for other purposes. America, for the benefit of our Cus- gious dialogue, understanding and re- S. 1481. An act to amend section 811 of the tomers.’’ They are doing a great job ac- spect. As President of the Inter- Cranston-Gonzalez National Affordable complishing just this. In pursuit of national Federation of Catholic Uni- Housing Act to improve the program under versities, a federation of over 200 such section for supportive housing for per- that goal they have become ISO 9000 sons with disabilities. certified, won the Missouri Quality Catholic educational institutions ENROLLED BILL SIGNED Award for Performance Excellence, and around the world, Dr. Cernera has led At 3:10 p.m., a message from the now they have been recognized with at a global level, spreading the faith House of Representatives, delivered by the 2009 Malcolm Baldrige National and values that define his life’s work. Mrs. Cole, one of its reading clerks, an- Quality Award. In growing from noth- In a world too rife with conflict and nounced that the Speaker has signed ing more than a simple idea to one of distrust, he has been a model member the following enrolled bill: the leading shooting supply retailers, of the global community. MidwayUSA has shown what dedica- Dr. Cernera leaves behind a lasting H.R. 2965. An act to amend the Small Busi- ness Act with respect to the Small Business tion to quality and performance, cou- legacy at Sacred Heart University, with an impact that reaches far beyond Innovation Research Program and the Small pled with building an exceptionally Business Technology Transfer Program, and committed, dedicated and skilled the halls on campus and that will touch many lives for a long time to for other purposes. workforce, can produce in a business. I The enrolled bill was subsequently would like to congratulate the entire come. I wish him and his wife Ruth my very best as they embark on the next signed by the President pro tempore MidwayUSA team on their success. ∑ (Mr. INOUYE). These three companies, which are not great chapter of their lives. just among Missouri’s finest, but, as we f At 5:15 p.m., a message from the now know, among our Nation’s very MESSAGES FROM THE HOUSE House of Representatives, delivered by best, have so much to be proud of. They Mr. Novotny, one of its reading clerks, embody the ‘‘Show Me’’ spirit when it ENROLLED BILLS SIGNED announced that the House has passed comes to showing how a business At 11:23 a.m., a message from the the following bill, in which it requests should operate. Congratulations Heart- House of Representatives, delivered by the concurrence of the Senate: land Health, Honeywell Federal Manu- Mrs. Cole, one of its reading clerks, an- H.R. 6540. An act to require the Secretary facturing & Technologies in Kansas nounced that the Speaker has signed of Defense, in awarding a contract for the City and MidwayUSA on winning the the following enrolled bills: KC-X Aerial Refueling Aircraft Program, to

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10929 consider any unfair competitive advantage the Speaker appoints the following Mr. Novotny, one of its reading clerks, that an offeror may possess. member on the part of the House of announced that the Speaker has signed The message also announced that the Representatives to the National Com- the following enrolled bills: House agrees to the amendment of the mittee on Vital and Health Statistics S. 118. An act to amend section 202 of the Senate to the bill (H.R. 2142) to require for a term of 4 years: Dr. Vickie M. Housing Act of 1959, to improve the program quarterly performance assessments of Mays of Los Angeles, California. under such section for supportive housing for Government programs for purposes of the elderly, and for other purposes. assessing agency performance and im- At 7:09 p.m., a message from the S. 1481. An act to amend section 811 of the Cranston-Gonzalez National Affordable provement, and to establish agency House of Representatives, delivered by Mr. Novotny, one of its reading clerks, Housing Act to improve the program under performance improvement officers and such section for supportive housing for per- the Performance Improvement Council. announced that the House has passed sons with disabilities. The message further announced that the following bills, without amend- H.R. 81. An act to amend the High Seas the House agrees to the amendments of ment: Driftnet Fishing Moratorium Protection Act the Senate to the bill (H.R. 2751) to ac- S. 3243. An act to require U.S. Customs and and the Magnuson-Stevens Fishery Con- celerate motor fuel savings nationwide Border Patrol to administer polygraph ex- servation and Management Act to improve and provide incentives to registered aminations to all applicants for law enforce- the conservation of sharks. ment positions with U.S. Customs and Bor- f owners of high polluting automobiles der Protection, to require U.S. Customs and to replace such automobiles with new Border Protection to initiate all periodic REPORTS OF COMMITTEES fuel efficient and less polluting auto- background reinvestigations of certain law The following reports of committees mobiles. enforcement personnel, and for other pur- were submitted: The message also announced that the poses. S. 3592. An act to designate the facility of By Mr. ROCKEFELLER, from the Com- House agrees to the amendment of the mittee on Commerce, Science, and Transpor- Senate to the bill (H.R. 5116) to invest the United States Postal Service located at 100 Commerce Drive in Tyrone, Georgia, as tation: in innovation through research and de- Report to accompany S. 2889, a bill to reau- the ‘‘First Lieutenant Robert Wilson Collins thorize the Surface Transportation Board, velopment, to improve the competi- Post Office Building’’. tiveness of the United States, and for and for other purposes (Rept. No. 111–380). The message also announced that the other purposes. Report to accompany S. 3302, a bill to House has passed the following bill, amend title 49, United States Code, to estab- The message further announced that with an amendment: lish new automobile safety standards, make the House agrees to the amendments of better motor vehicle safety information the Senate to the bill (H.R. 5809) to S. 2925. An act to establish a grant pro- gram to benefit victims of sex trafficking, available to the National Highway Traffic amend the Controlled Substances Act and for other purposes. Safety Administration and the public, and to provide for take-back disposal of for other purposes (Rept. No. 111–381). ENROLLED BILLS SIGNED controlled substances in certain in- Report to accompany S. 3566, a bill to au- At 7:20 p.m., a message from the stances, and for other purposes. thorize certain maritime programs of the De- House of Representatives, delivered by partment of Transportation, and for other At 6:00 p.m., a message from the Mr. Novotny, one of its reading clerks, purposes (Rept. No. 111–382). House of Representatives, delivered by announced that the Speaker has signed By Mr. KERRY, from the Committee on the following enrolled bills: Foreign Relations, with an amendment in Mr. Novotny, one of its reading clerks, the nature of a substitute: H.R. 1746. An act to amend the Robert T. announced that the House agrees to S. 1633. A bill to require the Secretary of Stafford Disaster Relief and Emergency As- the amendment of the Senate to the Homeland Security, in consultation with the sistance Act to reauthorize the pre-disaster bill (H.R. 81) to amend the High Seas Secretary of State, to establish a program to mitigation program of the Federal Emer- issue Asia-Pacific Economic Cooperation Driftnet Fishing Moratorium Protec- gency Management Agency. Business Travel Cards, and for other pur- tion Act and the Magnuson-Stevens H.R. 4748. An act to amend the Office of poses. Fishery Conservation and Management National Drug Control Policy Reauthoriza- S. 2982. A bill to combat international vio- tion Act of 2006 to require a northern border Act to improve the conservation of lence against women and girls. sharks. counternarcotics strategy, and for other pur- S. 3798. A bill to authorize appropriations The message also announced that the poses. of United States assistance to help eliminate H.R. 6412. An act to amend title 28, United House agrees to the amendment of the conditions in foreign prisons and other de- States Code, to require the Attorney General tention facilities that do not meet minimum Senate to the bill (H.R. 1746) to amend to share criminal records with State sen- human standards of health, sanitation, and the Robert T. Stafford Disaster Relief tencing commissions, and for other purposes. and Emergency Assistance Act to reau- safety, and for other purposes. The enrolled bills were subsequently By Mr. KERRY, from the Committee on thorize the pre-disaster mitigation pro- signed by the President pro tempore Foreign Relations, with an amendment in gram of the Federal Emergency Man- (Mr. INOUYE). the nature of a substitute and an amendment agement Agency. to the title and with an amended preamble: The message further announced that At 7:49 p.m., a message from the S.J. Res. 37. A joint resolution calling upon the House agrees to the amendment of House of Representatives, delivered by the President to issue a proclamation recog- the Senate to the bill (H.R. 4748) to Mr. Novotny, one of its reading clerks, nizing the 35th anniversary of the Helsinki amend the Office of National Drug Con- Final Act. announced that the House has agreed By Mr. KERRY, from the Committee on trol Policy Reauthorization Act of 2006 to the amendment of the Senate to the Foreign Relations, with an amendment in to require a northern border counter- amendment of the House to the amend- the nature of a substitute and with an narcotics strategy, and for other pur- ment of the Senate to the bill (H.R. amended preamble: poses. 3082) making appropriations for mili- S. Con. Res. 71. A concurrent resolution The message also announced that tary construction, the Department of recognizing the United States national inter- pursuant to section 5605 of the Patient Veterans Affairs, and related agencies est in helping to prevent and mitigate acts of Protection and Affordable Care Act for the fiscal year ending September 30, genocide and other mass atrocities against (Public Law 111–148), and the order of civilians, and supporting and encouraging ef- 2010, and for other purposes. forts to develop a whole of government ap- the House of January 6, 2009, the ENROLLED BILL SIGNED proach to prevent and mitigate such acts. Speaker appoints the following mem- The message also announced that the f bers on the part of the House of Rep- Speaker has signed the following en- resentatives to the Commission on Key rolled bill: INTRODUCTION OF BILLS AND JOINT RESOLUTIONS National Indicators: Dr. Stephen H.R. 3082. An act making appropriations Heintz of New York, New York, and Dr. for military construction, the Department of The following bills and joint resolu- Marta Tienda of Princeton, New Jer- Veterans Affairs, and related agencies for tions were introduced, read the first sey. the fiscal year ending September 30, 2010, and and second times by unanimous con- The message further announced that for other purposes. sent, and referred as indicated: pursuant to section 306(k) of the Health ENROLLED BILLS SIGNED By Mr. CARDIN: Service Act (42 U.S.C. 242k), and the At 9:05 p.m., a message from the S. 4051. A bill to improve, modernize, and order of the House of January 6, 2009, House of Representatives, delivered by clarify the espionage statutes contained in

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10930 CONGRESSIONAL RECORD — SENATE December 21, 2010 chapter 37 of title 18, United States Code, to AMENDMENT NO. 4904 classified by the Executive branch promote Federal whistleblower protection At the request of Mr. CORKER, the today. statutes and regulations, to deter unauthor- name of the Senator from Tennessee Legal scholars and commentators ized disclosures of classified information, (Mr. ALEXANDER) was added as a co- have criticized the current framework, and for other purposes; to the Committee on sponsor of amendment No. 4904 pro- and over the years, some federal courts the Judiciary. posed to Treaty Doc. 111–5, treaty be- have as well. In 2006, after reviewing f tween the United States of America the many developments in the law and ADDITIONAL COSPONSORS and the Russian Federation on Meas- changes in society that had taken place since the enactment of the espio- S. 619 ures for the Further Reduction and nage statutes, one district court judge At the request of Mrs. FEINSTEIN, the Limitation of Strategic Offensive name of the Senator from California Arms, signed in Prague on April 8, 2010, stated that ‘‘the time is ripe for Con- gress’’ to reexamine them. United States (Mrs. BOXER) was added as a cosponsor with Protocol. v. Rosen, 445 F. Supp. 2d 602, 646 E.D. of S. 619, a bill to amend the Federal AMENDMENT NO. 4913 Va. 2006, Ellis, J. Nearly 20 years ear- Food, Drug, and Cosmetic Act to pre- At the request of Mr. LIEBERMAN, the lier in the Morison case, one federal ap- serve the effectiveness of medically im- name of the Senator from Tennessee (Mr. CORKER) was added as a cosponsor pellate judge stated that ‘‘[i]f one thing portant antibiotics used in the treat- is clear, it is that the Espionage Act ment of human and animal diseases. of amendment No. 4913 intended to be proposed to Treaty Doc. 111–5, treaty statutes as now broadly drawn are un- S. 3424 wieldy and imprecise instruments for At the request of Mr. DURBIN, the between the United States of America and the Russian Federation on Meas- prosecuting government ‘leakers’ to names of the Senator from California the press as opposed to government ures for the Further Reduction and (Mrs. BOXER) and the Senator from ‘moles’ in the service of other coun- Limitation of Strategic Offensive Rhode Island (Mr. REED) were added as tries.’’ That judge also stated that Arms, signed in Prague on April 8, 2010, cosponsors of S. 3424, a bill to amend ‘‘carefully drawn legislation’’ was a with Protocol. the Animal Welfare Act to provide fur- ‘‘better long-term resolution’’ than ju- ther protection for puppies. f dicial intervention. See United States v. S. 3914 STATEMENTS ON INTRODUCED Morison, 844 F.2d 1057, 1086, 4th Cir. At the request of Mrs. MURRAY, the BILLS AND JOINT RESOLUTIONS 1988. name of the Senator from New Mexico As Chairman of the Senate Judi- By Mr. CARDIN: (Mr. UDALL) was added as a cosponsor ciary’s Terrorism and Homeland Secu- S. 4051. A bill to improve, modernize, of S. 3914, a bill to amend title VIII of rity Subcommittee, I chaired a Sub- and clarify the espionage statutes con- the Elementary and Secondary Edu- committee hearing on May 12, 2010, en- tained in chapter 37 of title 18, United cation Act of 1965 to require the Sec- titled ‘‘The Espionage Statutes: A States Code, to promote Federal whis- retary of Education to complete pay- Look Back and A Look Forward.’’ At tleblower protection statutes and regu- ments under such title to local edu- that Subcommittee hearing, I ques- lations, to deter unauthorized disclo- cational agencies eligible for such pay- tioned a number of witnesses, which in- sures of classified information, and for ments within 3 fiscal years. cluded witnesses from academia as well other purposes; to the Committee on as former officials from the intel- S.J. RES. 37 the Judiciary. At the request of Mr. CARDIN, the ligence and law enforcement commu- Mr. CARDIN. Mr. President, the cur- nities, about how well the espionage name of the Senator from Delaware rent framework concerning the espio- (Mr. COONS) was added as a cosponsor statutes have been working. Since that nage statutes was designed to address hearing, I have been closely and care- of S.J. Res. 37, a joint resolution call- classic spy cases involving persons who ing upon the President to issue a proc- fully reviewing these statutes, particu- intended to aid foreign governments larly in the context of recent events. I lamation recognizing the 35th anniver- and harm the United States. The cur- sary of the Helsinki Final Act. am now convinced that changes in rent framework traces its roots to the technology and society, combined with S. CON. RES. 71 Espionage Act of 1917, which made it a statutory and judicial changes to the At the request of Mr. FEINGOLD, the crime to disclose defense information name of the Senator from Delaware law, have rendered some aspects of our during wartime. The basic idea behind espionage laws less effective than they (Mr. COONS) was added as a cosponsor the legislation, which was upheld by need to be to protect the national secu- of S. Con. Res. 71, a concurrent resolu- the U.S. Supreme Court as constitu- rity. I also believe that we need to en- tion recognizing the United States na- tional in 1919, was to stop citizens from hance our ability to prosecute spies as tional interest in helping to prevent spying or interfering with military ac- well as those who make unauthorized and mitigate acts of genocide and other tions during World War I. The current disclosures of classified information if mass atrocities against civilians, and framework was formed at a time when we add to the existing statutes. We supporting and encouraging efforts to intelligence and national security in- don’t need an Official State Secrets develop a whole of government ap- formation existed primarily in some Act, and we must be careful not to proach to prevent and mitigate such tangible form, such as blueprints, pho- chill protected First Amendment ac- acts. tographs, maps, and other documents. tivities. We do, however, need to do a S. RES. 680 Our Nation, however, has witnessed better job of preventing unauthorized At the request of Mr. KERRY, the dramatic changes to nearly every facet disclosures of classified information name of the Senator from Delaware of our lives over the last 100 years, in- that can harm the United States, and (Mr. COONS) was added as a cosponsor cluding technological advances which at the same time we need to ensure of S. Res. 680, a resolution supporting have revolutionized our information that public debates continue to take international tiger conservation efforts gathering abilities as well as the medi- place on important national security and the upcoming Global Tiger Sum- ums utilized to communicate such in- and foreign policy issues. mit in St. Petersburg, Russia. formation. Yet, the basic terms and As a result, I am introducing the Es- AMENDMENT NO. 4851 structure of the espionage statutes pionage Statutes Modernization Act, At the request of Mr. SESSIONS, the have remained relatively unchanged ESMA, of 2010. This legislation makes name of the Senator from Oklahoma since their inception. Moreover, issues important improvements to the espio- (Mr. INHOFE) was added as a cosponsor have arisen in the prosecution and de- nage statutes to make them more ef- of amendment No. 4851 intended to be fense of criminal cases when the stat- fective and relevant in the 21st cen- proposed to Treaty Doc. 111–5, treaty utes have been applied to persons who tury. This legislation is narrowly-tai- between the United States of America may be disclosing classified informa- lored and balanced, and will enable the and the Russian Federation on Meas- tion for purposes other than to aid a government to use a separate criminal ures for the Further Reduction and foreign government or to harm the statute to prosecute government em- Limitation of Strategic Offensive United States. In addition, the statutes ployees who make unauthorized disclo- Arms, signed in Prague on April 8, 2010, contain some terms which are outdated sures of classified information in viola- with Protocol. and do not reflect how information is tion of the nondisclosure agreements

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 21, 2010 CONGRESSIONAL RECORD — SENATE S10931 they have entered, irrespective of (7) Congress can deter unauthorized disclo- the Classified Information Procedures Act whether they intend to aid a foreign sures of classified information and thereby (18 U.S.C. App.); government or harm the United States. protect the national security by— ‘‘(2) the term ‘foreign power’ has the mean- (A) enacting laws that improve, modernize, ing given the term in section 101 of the For- This legislation is not designed to and clarify the espionage statutes and make eign Intelligence Surveillance Act of 1978 (50 make it easier for the government to the espionage statutes more relevant and ef- U.S.C. 1801); and prosecute the press, to chill First fective in the 21st century in the prosecution ‘‘(3) the term ‘national security’ has the Amendment freedoms, or to make it of persons working on behalf of foreign pow- meaning given the term in section 1 of the more difficult to expose government ers; Classified Information Procedures Act (18 wrongdoing. In fact, the proposed legis- (B) promoting Federal whistleblower pro- U.S.C. App.).’’. lation promotes the use of Federal tection statutes and regulations to enable (b) TECHNICAL AND CONFORMING AMEND- whistleblower statutes and regulations Government officers, employees, contrac- MENT.—The table of section for chapter 37 of tors, or consultants to report unlawful and title 18, United States Code, is amended— to report unlawful and other improper improper conduct; and (1) by striking the item relating to section conduct. Unauthorized leaks of classi- (C) enacting laws that separately punish 793 and inserting the following: fied information, however, are harmful the unauthorized disclosure of classified in- ‘‘793. Gathering, transmitting, or losing na- to the national security and could en- formation by Government officers, employ- tional security information.’’; ees, contractors, or consultants who know- danger lives. Thus, in addition to pro- (2) by striking the item relating to section ingly and intentionally violate a classified posing important refinements to the 794 and inserting the following: information nondisclosure agreement, irre- espionage statutes, this legislation will ‘‘794. Gathering or delivering national secu- deter unauthorized leaks of classified spective of whether the officers, employees, contractors, or consultants intend to aid a rity information to aid foreign information by government employees foreign power or harm the United States. powers.’’; who knowingly and intentionally vio- SEC. 3. CRIMES. and late classified information nondisclo- (a) IN GENERAL.—Chapter 37 of title 18, (3) by adding at the end the following: sure agreements. United States Code, is amended— ‘‘800. Definitions.’’. Mr. President, I ask unanimous con- (1) in section 793— SEC. 4. VIOLATION OF CLASSIFIED INFORMATION sent that the text of the bill be printed (A) in the section heading, by striking ‘‘OR NONDISCLOSURE AGREEMENT. ’’ and in- in the RECORD. LOSING DEFENSE INFORMATION (a) IN GENERAL.—Chapter 93 of title 18, serting ‘‘OR, LOSING NATIONAL SECURITY United States Code, is amended by adding at There being no objection, the text of INFORMATION’’; the end the following: the bill was ordered to be printed in (B) by striking ‘‘the national defense’’ each ‘‘§ 1925. Violation of classified information the RECORD, as follows: place it appears and inserting ‘‘national se- nondisclosure agreement curity’’; S. 4051 ‘‘(a) DEFINITIONS.—In this section— (C) by striking ‘‘foreign nation’’ each place Be it enacted by the Senate and House of ‘‘(1) the term ‘classified information’ has it appears and inserting ‘‘foreign power’’; Representatives of the United States of America the meaning given the term in section 1 of (D) in subsection (b), by inserting ‘‘classi- in Congress assembled, the Classified Information Procedures Act fied information, or other’’ before ‘‘sketch’’; (18 U.S.C. App.); and SECTION 1. SHORT TITLE. (E) in subsection (c), by inserting ‘‘classi- ‘‘(2) the term ‘covered individual’ means an This Act may be cited as the ‘‘The Espio- fied information, or other’’ before ‘‘docu- officer, employee, contractor, or consultant nage Statutes Modernization Act of 2010’’. ment’’; of an agency of the Federal Government (F) in subsection (d), by inserting ‘‘classi- SEC. 2. FINDINGS. who, by virtue of the office, employment, po- fied information, or other’’ before ‘‘docu- Congress finds the following: sition, or contract held by the individual, ment’’; (1) As of 2010, the statutory framework knowingly and intentionally agrees to be le- (G) in subsection (e), by inserting ‘‘classi- with respect to the espionage statutes is a gally bound by the terms of a classified in- fied information, or other’’ before ‘‘docu- compilation of statutes that began with Act formation nondisclosure agreement. ment’’; of June 15, 1917 (40 Stat. 217, chapter ‘‘(b) OFFENSE.— (H) in subsection (f), by inserting ‘‘classi- 30)(commonly known as the ‘‘Espionage Act ‘‘(1) IN GENERAL.—Except as otherwise pro- of 1917’’), which targeted classic espionage fied information,’’ before ‘‘document’’; and vided in this section, it shall be unlawful for cases involving persons working on behalf of (I) in subsection (h)(1), by striking ‘‘foreign a covered individual to intentionally dis- foreign nations. government’’ and inserting ‘‘foreign power’’; close, deliver, communicate, or transmit (2) The statutory framework was formed at (2) in section 794— classified information, without the author- a time when intelligence and national secu- (A) in the section heading, by striking ization of the head of the Federal agency, or rity information existed primarily in a tan- ‘‘GATHERING’’ and all that follows and in- an authorized designee, knowing or having gible form, such as blueprints, photographs, serting ‘‘GATHERING OR DELIVERING NA- reason to know that the disclosure, delivery, maps, and other documents. TIONAL SECURITY INFORMATION TO AID communication, or transmission of the clas- (3) Since 1917, the United States has wit- FOREIGN POWERS’’; and sified information is a violation of the terms nessed dramatic changes in intelligence and (B) in subsection (a)— of the classified information nondisclosure national security information, including (i) by striking ‘‘foreign nation’’ and insert- agreement entered by the covered individual. ing ‘‘foreign power’’; technological advances that have revolution- ‘‘(2) PENALTY.—A covered individual who ized information gathering abilities as well (ii) by striking ‘‘foreign government’’ and violates paragraph (1) shall be fined under as the mediums used to communicate such inserting ‘‘foreign power’’; this title, imprisoned for not more than 5 information. (iii) by inserting ‘‘classified information,’’ years, or both. before ‘‘document’’; (4) Some of the terms used in the espionage ‘‘(c) WHISTLEBLOWER PROTECTION.—The dis- statutes are obsolete and the statutes do not (iv) by striking ‘‘the national defense’’ and closure, delivery, communication, or trans- fully take into account the classification inserting ‘‘national security’’; and mission of classified information by a cov- levels that apply to national security infor- (v) by striking ‘‘(as defined in section ered individual in accordance with a Federal mation in the 21st century. 101(a) of the Foreign Intelligence Surveil- whistleblower protection statute or regula- (5) In addition, the statutory framework lance Act of 1978)’’; tion applicable to the Federal agency of was originally designed to address classic es- (3) in section 795(a), by striking ‘‘national which the covered individual is an officer, pionage cases involving persons working on defense’’ and inserting ‘‘national security’’; employee, contractor, or consultant shall behalf of foreign nations. However, the na- (4) in section 798— not be a violation of subsection (b)(1). tional security of the United States could be (A) in subsection (a), by striking ‘‘foreign ‘‘(d) REBUTTABLE PRESUMPTION.—For pur- harmed, and lives may be put at risk, when government’’ each place it appears and in- poses of this section, there shall be a rebut- a Government officer, employee, contractor, serting ‘‘foreign power’’; and table presumption that information has been or consultant with access to classified infor- (B) in subsection (b)— properly classified if the information has mation makes an unauthorized disclosure of (i) by striking the first undesignated para- been marked as classified information in ac- the classified information, irrespective of graph (relating to the term ‘‘classified infor- cordance with Executive Order 12958 (60 Fed. whether the Government officer, employee, mation’’); and Reg. 19825) or a successor or predecessor to contractor, or consultant intended to aid a (ii) by striking the third undesignated the order. foreign nation or harm the United States. paragraph (relating to the term ‘‘foreign ‘‘(e) DEFENSE OF IMPROPER CLASSIFICA- (6) Federal whistleblower protection stat- government’’); and TION.—The disclosure, delivery, communica- utes and regulations that enable Govern- (5) by adding at the end the following: tion, or transmission of classified informa- ment officers, employees, contractors, and ‘‘§ 800. Definitions tion by a covered individual shall not violate consultants to report unlawful and improper ‘‘In this chapter— subsection (b)(1) if the covered individual conduct are appropriate mechanisms for re- ‘‘(1) the term ‘classified information’ has proves by clear and convincing evidence that porting such conduct. the meaning given the term in section 1 of at the time the information was originally

VerDate Mar 15 2010 03:02 Jun 10, 2011 Jkt 099060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S21DE0.REC S21DE0 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S10932 CONGRESSIONAL RECORD — SENATE December 21, 2010 classified, no reasonable person with original Treaty between the United States of Amer- and the Russian Federation on Meas- classification authority under Executive ica and the Russian Federation on Measures ures for the Further Reduction and Order 13292 (68 Fed. Reg. 15315), or any suc- for the Further Reduction and Limitation of Limitation of Strategic Offensive cessor order, could have identified or de- Strategic Offensive Arms, signed in Prague Arms, signed in Prague on April 8, 2010, scribed any damage to national security that on April 8, 2010, with Protocol; which was or- reasonably could be expected to be caused by dered to lie on the table. with Protocol; which was ordered to lie the unauthorized disclosure of the informa- SA 4919. Mr. CONRAD (for himself, Mr. on the table; as follows: tion. BAUCUS, and Mr. TESTER) submitted an On page ll of the amendment, between ‘‘(f) EXTRATERRITORIAL JURISDICTION.— amendment intended to be proposed to lines ll and ll, insert the following: There is jurisdiction over an offense under amendment SA 4884 submitted by Mr. (ll) PRESIDENTIAL CERTIFICATION REJECT- this section if— BARRASSO (for himself and Mr. ENZI) and in- ING INTERRELATIONSHIP BETWEEN STRATEGIC ‘‘(1) the offense occurs in whole or in part tended to be proposed to Treaty Doc. 111–5, OFFENSIVE AND STRATEGIC DEFENSIVE ARMS.— within the United States; supra; which was ordered to lie on the table. The New START Treaty shall not enter into ‘‘(2) regardless of where the offense is com- SA 4920. Mr. THUNE (for himself and Mr. force until the President certifies to the Sen- mitted, the alleged offender is— KYL) submitted an amendment intended to ate and notifies the President of the Russian ‘‘(A) a national of the United States (as de- be proposed by him to Treaty Doc. 111–5, Federation in writing that the President re- fined in section 101(a) of the Immigration supra; which was ordered to lie on the table. jects the following recognition stated in the and Nationality Act (8 U.S.C. 1101(a))); preamble to the New START Treaty: ‘‘Rec- f ‘‘(B) an alien lawfully admitted for perma- ognizing the existence of the interrelation- nent residence in the United States (as de- TEXT OF AMENDMENTS ship between strategic offensive arms and fined in section 101(a) of the Immigration strategic defensive arms, that this inter- and Nationality Act (8 U.S.C. 1101(a))); or SA 4917. Mr. HARKIN (for Mr. CARDIN relationship will become more important as ‘‘(C) a stateless person whose habitual resi- (for himself, Mr. VOINOVICH, Ms. CANT- strategic nuclear arms are reduced, and that dence is in the United States; WELL, Mrs. MURRAY, and Mr. INHOFE)) current strategic defensive arms do not un- ‘‘(3) after the offense occurs, the offender is proposed an amendment to the bill S. dermine the viability and effectiveness of brought into or found in the United States, 3481, to amend the Federal Water Pol- the strategic offensive arms of the Parties’’. even if the conduct required for the offense lution Control Act to clarify Federal (ll) PRESIDENTIAL CERTIFICATION REGARD- occurs outside the United States; or ING ADDITIONAL GROUND-BASED INTERCEP- responsibility for stormwater pollu- ‘‘(4) an offender aids or abets or conspires TORS.—The New START Treaty shall not with any person over whom jurisdiction ex- tion; as follows: enter into force until the President certifies ists under this paragraph in committing an Strike all after the enacting clause and in- to the Senate and notifies the President of offense under subsection (b)(1).’’. sert the following: the Russian Federation in writing that the (b) TECHNICAL AND CONFORMING AMEND- SECTION 1. FEDERAL RESPONSIBILITY TO PAY President intends to continue to improve MENT.—The table of sections for chapter 93 of FOR STORMWATER PROGRAMS. and modernize the United States ground- title 18, United States Code, is amended by Section 313 of the Federal Water Pollution based midcourse defense system, including— adding at the end the following: Control Act (33 U.S.C. 1323) is amended by (A) two-stage interceptors that could be deployed in Europe if the Iranian ICBM ‘‘1925. Violation of classified information adding at the end the following: threat emerges before Phases 3 and 4 of the nondisclosure agreement.’’. ‘‘(c) REASONABLE SERVICE CHARGES.— ‘‘(1) IN GENERAL.—For the purposes of this Phased Adaptive Approach are ready; and SEC. 5. DIRECTIVE TO SENTENCING COMMIS- (B) three stage ground-based interceptors SION. Act, reasonable service charges described in subsection (a) include any reasonable non- in the United States, including additional (a) IN GENERAL.—Pursuant to its authority discriminatory fee, charge, or assessment missiles for testing and emergency deploy- under section 994 of title 28, United States that is— ment, as necessary. Code, and in accordance with this section, ‘‘(A) based on some fair approximation of the United States Sentencing Commission, the proportionate contribution of the prop- SA 4919. Mr. CONRAD (for himself, shall review and, if appropriate, amend the erty or facility to stormwater pollution (in Mr. BAUCUS, and Mr. TESTER) sub- Federal Sentencing Guidelines and policy terms of quantities of pollutants, or volume statements applicable to a person convicted mitted an amendment intended to be or rate of stormwater discharge or runoff of an offense under section 1925 of title 18, proposed to amendment SA 4884 sub- from the property or facility); and mitted by Mr. BARRASSO (for himself United States Code, as added by this Act. ‘‘(B) used to pay or reimburse the costs as- (b) CONSIDERATIONS.—In carrying out this sociated with any stormwater management and Mr. ENZI) and intended to be pro- section, the Sentencing Commission shall program (whether associated with a separate posed to Treaty Doc. 111–5, Treaty be- ensure that the sentencing guidelines ac- storm sewer system or a sewer system that tween the United States of America count for all relevant conduct, including— manages a combination of stormwater and and the Russian Federation of Meas- (1) multiple instances of unauthorized dis- sanitary waste), including the full range of ures for the Further Reduction and closure, delivery, communication, or trans- programmatic and structural costs attrib- Limitation of Strategic Offensive mission of the classified information; utable to collecting stormwater, reducing (2) the volume of the classified information Arms, signed in Prague on April 8, 2010, pollutants in stormwater, and reducing the with Protocol; which was ordered to lie that was disclosed, delivered, communicated, volume and rate of stormwater discharge, re- or transmitted; gardless of whether that reasonable fee, on the table; as follows: (3) the classification level of the classified charge, or assessment is denominated a tax. On page 2 of the amendment, beginning on information; ‘‘(2) LIMITATION ON ACCOUNTS.— line 3, strike ‘‘that—’’ and all that follows (4) the harm to the national security of the ‘‘(A) LIMITATION.—The payment or reim- through line 7 and insert ‘‘that the Depart- United States that reasonably could be ex- bursement of any fee, charge, or assessment ment of Defense will maintain not fewer pected to be caused by the disclosure, deliv- described in paragraph (1) shall not be made than 450 deployed and non-deployed ICBM ery, communication, or transmission of the using funds from any permanent authoriza- launchers silos for the duration of the trea- classified information; and tion account in the Treasury. ty.’’ (5) the nature and manner in which the ‘‘(B) REIMBURSEMENT OR PAYMENT OBLIGA- classified information was disclosed, deliv- TION OF FEDERAL GOVERNMENT.—Each depart- Mr. THUNE (for himself and ered, communicated, or transmitted. SA 4920. ment, agency, or instrumentality of the ex- Mr. KYL) submitted an amendment in- f ecutive, legislative, and judicial branches of tended to be proposed by him to Treaty the Federal Government, as described in sub- AMENDMENTS SUBMITTED AND section (a), shall not be obligated to pay or Doc. 111–5, Treaty between the United PROPOSED reimburse any fee, charge, or assessment de- States of America and the Russian scribed in paragraph (1), except to the extent Federation of Measures for the Further SA 4917. Mr. HARKIN (for Mr. CARDIN (for and in an amount provided in advance by Reduction and Limitation of Strategic himself, Mr. VOINOVICH, Ms. CANTWELL, Mrs. any appropriations Act to pay or reimburse Offensive Arms, signed in Prague on MURRAY, and Mr. INHOFE)) proposed an the fee, charge, or assessment.’’. amendment to the bill S. 3481, to amend the April 8, 2010, with Protocol; which was ordered to lie on the table; as follows: Federal Water Pollution Control Act to clar- SA 4918. Mr. CORNYN (for himself ify Federal responsibility for stormwater At the end of subsection (a) of the resolu- and Mr. RISCH) submitted an amend- pollution. tion of ratification, add the following: ment intended to be proposed to SA 4918. Mr. CORNYN (for himself and Mr. (11) RUSSIAN COOPERATION ON IRAN.—(A) In RISCH) submitted an amendment intended to amendment SA 4904 submitted by Mr. giving its advice and consent to ratification be proposed to amendment SA 4904 sub- CORKER to Treaty Doc. 111–5, Treaty of the New START Treaty, the Senate has mitted by Mr. CORKER to Treaty Doc. 111–5, between the United States of America accepted and relied upon the representation

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of President Barack Obama, including the the Russian Federation to fully support ‘‘(c) REASONABLE SERVICE CHARGES.— statement on November 18, 2010, that ‘‘[t]he United States and international efforts to ‘‘(1) IN GENERAL.—For the purposes of this New START treaty is also a cornerstone of prevent the Government of Iran from devel- Act, reasonable service charges described in our relations with Russia’’ for the reason oping a nuclear weapons capability; and subsection (a) include any reasonable non- that ‘‘Russia has been fundamental to our ef- (iii) submit a report to the Senate prompt- discriminatory fee, charge, or assessment forts to put strong sanctions in place to put ly thereafter, detailing— that is— pressure on Iran to deal with its nuclear pro- (I) whether adherence to the New START ‘‘(A) based on some fair approximation of gram’’. Accordingly, the advice and consent Treaty remains in the national security in- the proportionate contribution of the prop- of the Senate to ratification of the New terests of the United States; and erty or facility to stormwater pollution (in START Treaty is conditioned on the expec- (II) how the United States will redress the terms of quantities of pollutants, or volume tation that the Russian Federation will co- impact of the actions of the Russian Federa- or rate of stormwater discharge or runoff operate fully with United States and inter- tion on the national security interests of the from the property or facility); and national efforts to prevent the Government United States. ‘‘(B) used to pay or reimburse the costs as- of Iran from developing a nuclear weapons At the end of subsection(c), add the fol- sociated with any stormwater management capability. lowing: program (whether associated with a separate (B) Prior to the entry into force of the New (14) RUSSIAN COOPERATION ON IRAN.—It is storm sewer system or a sewer system that START Treaty, the President shall certify to the sense of the Senate that failure by the manages a combination of stormwater and the Senate that— Russian Federation to cooperate with United sanitary waste), including the full range of (i) the Russian Federation is in full com- States and international efforts to prevent programmatic and structural costs attrib- pliance with all United Nations Security Iran from developing a nuclear weapons ca- utable to collecting stormwater, reducing Council Resolutions relating to Iran; pability would lead to an increased threat to pollutants in stormwater, and reducing the (ii) the Government of the Russian Federa- the United States and its allies, undermining volume and rate of stormwater discharge, re- tion has assured the United States that nei- the long-term foundation of the New START gardless of whether that reasonable fee, ther it nor any entity subject to its jurisdic- Treaty. charge, or assessment is denominated a tax. tion and control will— f ‘‘(2) LIMITATION ON ACCOUNTS.— (I) transfer to Iran the S-300 air defense AUTHORITY FOR COMMITTEES TO ‘‘(A) LIMITATION.—The payment or reim- system or other advanced weapons systems bursement of any fee, charge, or assessment or any parts thereof; or MEET described in paragraph (1) shall not be made (II) transfer such items to a third party SELECT COMMITTEE ON INTELLIGENCE using funds from any permanent authoriza- which will in turn transfer such items to tion account in the Treasury. Iran; Mr. CASEY. Mr. President, I ask ‘‘(B) REIMBURSEMENT OR PAYMENT OBLIGA- (iii) the Government of the Russian Fed- unanimous consent that the Select TION OF FEDERAL GOVERNMENT.—Each depart- eration has assured the United States that Committee on Intelligence be author- ized to meet during the session of the ment, agency, or instrumentality of the ex- neither it nor any entity subject to its juris- ecutive, legislative, and judicial branches of diction and control will transfer to Iran Senate on December 21, 2010 at 2:30 the Federal Government, as described in sub- goods, services, or technology that con- p.m. section (a), shall not be obligated to pay or tribute to the advancement of the nuclear or The PRESIDING OFFICER. Without reimburse any fee, charge, or assessment de- missile programs of the Government of Iran; objection, it is so ordered. scribed in paragraph (1), except to the extent and and in an amount provided in advance by (iv) the Government of the Russian Federa- f any appropriations Act to pay or reimburse tion has assured the United States that it ORDER OF PROCEDURE the fee, charge, or assessment.’’. will support efforts at the United Nations Security Council and elsewhere to increase Mr. KERRY. Madam President, I ask The bill (S. 3481), as amended, was or- political and economic pressure on the Gov- unanimous consent to proceed as in dered to be engrossed for a third read- ernment of Iran to abandon its nuclear weap- legislative session and as in morning ing, was read the third time, and ons program. business to process some cleared legis- passed. (C) Each annual report submitted pursuant lative items. to paragraph (10) shall include a certification The PRESIDING OFFICER. Without f by the President that between the date the objection, it is so ordered. APPLICATION OF CERTAIN EN- New START Treaty entered into force and FEDERAL WATER POLLUTION CONTROL ACT ERGY EFFICIENCY STANDARDS December 31, 2011, or, in subsequent reports, Mr. HARKIN. Madam President, I UNDER THE ENERGY POLICY during the previous year— (i) the Russian Federation was in full com- ask unanimous consent that the Sen- AND CONSERVATION ACT pliance with all United Nations Security ate proceed to the immediate consider- Mr. KERRY. I ask unanimous con- Council Resolutions relating to Iran; ation of Calendar No. 715, S. 3481. sent that the Senate proceed to the im- (ii) neither the Government of the Russian The PRESIDING OFFICER. The mediate consideration of H.R. 5470, re- Federation nor any entity subject to its ju- clerk will state the bill by title. ceived from the House and at the desk. risdiction and control has, with the knowl- The assistant legislative clerk read The PRESIDING OFFICER. The edge of the Government of the Russian Fed- as follows: eration, transferred to Iran the S-300 air de- clerk will report the bill by title. A bill (S. 3481) to amend the Federal Water The legislative clerk read as follows: fense system or other advanced weapons sys- Pollution Control Act to clarify Federal re- A bill (H.R. 5470) to exclude an external tems; sponsibility for storm water pollution. (iii) neither the Government of the Russian power supply for certain security or life safe- Federation nor any entity subject to its ju- There being no objection, the Senate ty alarms and surveillance system compo- risdiction and control has, with the knowl- proceeded to consider the bill. nents from the application of certain energy edge of the Government of the Russian Fed- Mr. HARKIN. Madam President, I efficiency standards under the Energy Policy eration, transferred to Iran goods, services, ask unanimous consent that a Cardin and Conservation Act. or technology that contribute to the ad- amendment, which is at the desk, be There being no objection, the Senate vancement of the nuclear weapons or missile agreed to, the bill, as amended, be read proceeded to consider the bill. programs of Iran; and the third time and passed, the motions Mr. KERRY. Madam President, I ask (iv) the Russian Federation has supported to reconsider be laid upon the table, unanimous consent that the bill be efforts at the United Nations Security Coun- with no intervening action or debate, read a third time, passed, the motion cil and elsewhere to increase political and and that any statements related to the economic pressure on the Government of to reconsider be laid upon the table, bill be printed in the RECORD, as if Iran to abandon its nuclear weapons pro- and that any statements relating to gram, and has not sought to weaken initia- read. the measure be printed in the RECORD. tives aimed at increasing such pressure. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without (D) If in any annual report submitted pur- objection, it is so ordered. objection, it is so ordered. suant to paragraph (10) the President fails to The amendment (No. 4917) was agreed The bill (H.R. 5470) was ordered to a make the certification described in subpara- to, as follows: third reading, was read the third time, graph (C), then the President shall— (Purpose: In the nature of a substitute) and passed. (i) consult with the Senate regarding the Strike all after the enacting clause and in- implications of the Russian Federation’s ac- sert the following: f tions for the national security interests of SECTION 1. FEDERAL RESPONSIBILITY TO PAY INDIAN PUEBLO CULTURAL the United States; FOR STORMWATER PROGRAMS. CENTER CLARIFICATION ACT (ii) seek on an urgent basis a meeting with Section 313 of the Federal Water Pollution the Russian Federation at the highest diplo- Control Act (33 U.S.C. 1323) is amended by Mr. KERRY. Madam President, I ask matic level with the objective of persuading adding at the end the following: unanimous consent that the Senate

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Madam President, I fur- be deemed expired, the time for the two The legislative clerk read as follows: ther ask that the committee-reported leaders be reserved for their use later A bill (H.R. 4445) to amend Public Law 95– amendments be agreed to, the bill as in the day; that following any leader 232 to repeal a restriction on treating as In- amended be read a third time and remarks, the Senate proceed to execu- dian country certain lands held in trust for passed, the motion to reconsider be tive session and resume consideration Indian pueblos in New Mexico. laid upon the table, with no inter- of the New START treaty; and finally, There being no objection, the Senate vening action or debate, and that any I ask that the time during adjourn- proceeded to consider the bill. statements be printed in the RECORD. ment or period of morning business Mr. KERRY. Madam President, I fur- The PRESIDING OFFICER. Without count postcloture. ther ask that the bill be read three objection, it is so ordered. The PRESIDING OFFICER. Without times and passed, the motion to recon- The committee amendments were objection, it is so ordered. sider be laid upon the table with no in- agreed to. tervening action or debate, and that The bill (S. 3903), as amended, was or- f any statements relating to the bill be dered to be engrossed for a third read- PROGRAM printed in the RECORD. ing, was read the third time, and The PRESIDING OFFICER. Without passed, as follows: Mr. LEVIN. Madam President, clo- objection, it is so ordered. S. 3903 ture was invoked on the New START The bill (H.R. 4445) was ordered to a Be it enacted by the Senate and House of treaty today. We hope we will be able third reading, was read the third time, Representatives of the United States of America to reach an agreement to yield back and passed. in Congress assembled, some of the postcloture debate time. f SECTION 1. OHKAY OWINGEH PUEBLO LEASING We will also continue to work on an AUTHORITY. agreement to consider the 9/11 health AUTHORIZING LEASES OF UP TO Subsection (a) of the first section of the legislation and a number of other exec- 99 YEARS FOR LANDS HELD IN Act of August 9, 1955 (25 U.S.C. 415(a)), is utive nominations. TRUST FOR OHKAY OWINGEH amended in the second sentence by inserting We also would hope that we can com- PUEBLO ‘‘and lands held in trust for Ohkay Owingeh plete work on the Defense authoriza- Mr. KERRY. Madam President, I ask Pueblo’’ after ‘‘of land on the Devils Lake Sioux Reservation,’’. tion bill tomorrow morning as well, unanimous consent that the Senate early in the day, hopefully, right proceed to the immediate consider- f around 9 o’clock. ation of Calendar No. 701, S. 3903. SIGNING AUTHORITY Senators will be notified when any The PRESIDING OFFICER. The votes are scheduled. clerk will report the bill by title. Mr. KERRY. Madam President, I ask The legislative clerk read as follows: unanimous consent that Senator WEBB f be authorized to sign any duly enrolled A bill (S. 3903) to authorize leases of up to ADJOURNMENT UNTIL 9 A.M. 99 years for lands held in trust for Ohkay bills or joint resolutions beginning De- Owingeh Pueblo. cember 27 through 11:59 a.m., Monday, TOMORROW There being no objection, the Senate January 3, 2011. Mr. LEVIN. Madam President, if proceeded to consider the bill which The PRESIDING OFFICER. Without there is no further business to come be- had been reported from the Committee objection, it is so ordered. fore the Senate, I ask unanimous con- on Indian Affairs, with amendments, as Mr. KERRY. Madam President, I sug- sent that it adjourn under the previous follows: gest the absence of a quorum. order. (The parts of the bill intended to be The PRESIDING OFFICER. The There being no objection, the Senate, stricken are shown in boldface brack- clerk will call the roll. at 11:05 p.m., adjourned until Wednes- ets and the parts of the bill intended to The legislative clerk proceeded to day, December 22, 2010, at 9 a.m. call the roll. be inserted are shown in italic.) f S. 3903 Mr. LEVIN. Madam President, I ask Be it enacted by the Senate and House of unanimous consent that the order for CONFIRMATIONS the quorum call be rescinded. Representatives of the United States of America Executive nominations confirmed by The PRESIDING OFFICER. Without in Congress assembled, the Senate, Tuesday, December 21, 2010: SECTION 1. OHKAY OWINGEH PUEBLO LEASING objection, it is so ordered. AUTHORITY. THE JUDICIARY f ø(a) AUTHORIZATION FOR 99-YEAR LEAS BENITA Y. PEARSON, OF OHIO, TO BE UNITED STATES ES.—¿Subsection (a) of the first section of ORDERS FOR WEDNESDAY, DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF OHIO. WILLIAM JOSEPH MARTINEZ, OF COLORADO, TO BE the Act of August 9, 1955 (25 U.S.C. 415(a)), is DECEMBER 22, 2010 UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF amended in the second sentence by inserting COLORADO. ‘‘and lands held in trust for Ohkay Owingeh Mr. LEVIN. Madam President, I ask THE ABOVE NOMINATIONS WERE APPROVED SUBJECT unanimous consent that when the Sen- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- Pueblo’’ after ‘‘of land on the Devils Lake QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Sioux Reservation,’’. ate completes its business today, it ad- CONSTITUTED COMMITTEE OF THE SENATE.

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