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S7448 CONGRESSIONAL RECORD — SENATE December 5, 2012 The assistant legislative clerk pro- Shea, nominee to the District Court of upon the table. The President shall be ceeded to call the roll. Connecticut. My decision is based on immediately notified of the Senate’s Mr. BINGAMAN. Mr. President, I ask Mr. Shea’s assistance in drafting an action. unanimous consent that the order for anticus brief in the Supreme Court f the quorum call be rescinded. case of Kelo v. New London on behalf of The PRESIDING OFFICER. Without the Connecticut Conference of Munici- LEGISLATIVE SESSION objection, it is so ordered. palities and other municipalities. The PRESIDING OFFICER. The Sen- The Kelo decision delivered a serious Mr. BINGAMAN. I yield back all re- ate shall resume legislative session. blow to private property rights by up- maining time and ask for the yeas and The Senator from . nays. holding a municipality’s use of emi- The PRESIDING OFFICER. Is there a nent domain to seize private homes and f transfer the property to a pharma- sufficient second? AND PNTR There is a sufficient second. ceutical company for purposes of ‘‘eco- The question is, Will the Senate ad- nomic development.’’ As Justice San- Mr. LEVIN. Mr. President, the Russia vise and consent to the nomination of dra Day O’Connor stated in her dissent, PNTR bill that is before us takes a Michael P. Shea, of Connecticut, to be the ‘‘Court abandoned its long-held, long overdue action by ending the ap- U.S. District Judge for the District of basis limitation on government power’’ plication of Jackson-Vanik sanctions Connecticut? in the Kelo case. The Fifth Amendment to Russia. Jackson-Vanik is no longer The clerk will call the roll. of the Constitution states: ‘‘No person relevant to Russia because Russia no The assistant legislative clerk called shall be . . . deprived of life, liberty, or longer restricts the free emigration of the roll. property, without due process of law; its people. Mr. DURBIN. I announce that the nor shall private property be taken for The began to relax its Senator from West Virginia (Mr. public use, without just compensa- restrictions on Jewish emigration in ROCKEFELLER) and the Senator from tion.’’ The Kelo decision altered what 1987, during Gorbachev’s perestroika. Virginia (Mr. WEBB) are necessarily ab- was traditionally viewed as ‘‘public Following the collapse of the Soviet sent. use.’’ As Justice O’Connor noted, as a Union in 1991, millions of Soviet Jews Mr. KYL. The following Senators are result of this decision, ‘‘Nothing is to were permitted to leave. Since then, necessarily absent: the Senator from prevent the State from replacing any Russia has allowed free emigration. Illinois (Mr. KIRK), the Senator from Motel 6 with a Ritz-Carlton, any home I have felt for a long time that we South Carolina (Mr. DEMINT), and the with a shopping mall, or any farm with should have graduated Russia from Senator from Tennessee (Mr. ALEX- a factory. . . . Any property may now Jackson-Vanik when Jackson-Vanik’s ANDER). be taken for the benefit of another pri- noble purpose was achieved, rather Further, if present and voting, the vate party, but the fallout from this than waiting years, often in the effort Senator from South Carolina (Mr. decision will not be random. The bene- to make other points relative to Russia DEMINT) would have voted ‘‘nay,’’ and ficiaries are likely to be those citizens on other issues. First some history. the Senator from Tennessee (Mr. ALEX- with disproportionate influence and In 2007, I met with Rabbi Lazar, chief ANDER) would have voted ‘‘nay.’’ power in the political process, includ- rabbi of Russia, regarding Jackson- The PRESIDING OFFICER (Mr. BEN- ing large corporations and development Vanik. He urged passage of legislation NET). Are there any other Senators in firms.’’ ending the application of Jackson- the Chamber desiring to vote? In contrast, Mr. Shea’s amicus brief Vanik to Russia. The result was announced—yeas 72, argued the eminent domain action Also in 2007, I received a letter from nays 23, as follows: taken by New London was constitu- the chairman of the Federation of Jew- [Rollcall Vote No. 222 Ex.] tional and should be upheld. He as- ish Communities, which represents presidents and rabbis of over 200 Jewish YEAS—72 serted the ‘‘taking of some of the peti- tioners’’ homes’’ is ‘‘undeniably a gen- communities in Russia, a letter which Akaka Graham Merkley Ayotte Grassley Mikulski uine cost of realizing the City’s goal of urged me to work to graduate Russia Baucus Hagan Moran improving the economic well-being of from the Jackson-Vanik amendment in Begich Harkin Murkowski its citizens?’ But, the Public Use view of the fact that its goals had al- Bennet Hatch Murray Clause ‘‘sweeps as broadly as the ready been met. Part of his letter reads Bingaman Hoeven Nelson (NE) Blumenthal Inouye Nelson (FL) [State’s] police powers.’’ He said siding as follows: Boxer Johanns Portman with the Kelo plaintiffs in the case [W]e are thankful for all your efforts to- Brown (MA) Johnson (SD) Pryor would ‘‘contort’’ the Public Use Clause. ward gaining freedom for our country’s Jews. Brown (OH) Johnson (WI) Reed We will always appreciate the role of Jack- Burr Kerry Reid Justice Stevens, the author of the 5–4 Cantwell Klobuchar Sanders majority opinion in Kelo, cited Mr. son-Vanik in bringing about change. We also Cardin Kohl Schumer Shea’s brief in his opinion. remain grateful to those who forced the Carper Kyl Sessions Perhaps the saddest aspect of this U.S.S.R.’s Communist regime to permit Jews Casey Landrieu Shaheen to emigrate, and to end discrimination. For Coats Lautenberg Shelby case is the ‘‘economic development’’ us this was a huge morale boost—Jews be- Collins Leahy Snowe that was key to the taking being a hind the Iron Curtain were thrilled that Conrad Levin Stabenow ‘‘public use’’ never happened because Americans were willing to risk political and Coons Lieberman Tester Corker Lugar Udall (CO) the developer could not get funding. economic confrontation, in order to stand up Durbin Manchin Udall (NM) Susette Kelo lost her property for for the freedom and rights of their fellow Feinstein McCain Warner nothing. The site of her former home is human beings. Franken McCaskill Whitehouse a garbage dump. This fact exposes an- He continued: Gillibrand Menendez Wyden other reason the takings clause was Nevertheless, in the last 15 years the situa- NAYS—23 only intended for public use, because tion has changed, radically. The freedom for Barrasso Enzi Risch the government is more likely to have Soviet Jews to live wherever they desire was Blunt Heller Roberts the funding ready to use the property. fully obtained; nearly a million Jews from Boozman Hutchison Rubio Normally, I would not hold a lawyer re- the F.S.U. now live in Israel, while hundreds Chambliss Inhofe Thune of thousands live in other countries through- Coburn Isakson Toomey sponsible for the legal views of his cli- Cochran Lee out the world. We are positive that these de- Vitter ents, but the Kelo decision dealt such a velopments were in part thanks to the Amer- Cornyn McConnell Wicker Crapo Paul serious blow to private property rights, ican lawmakers who supported the Jackson- a crucial element of our founding prin- Vanik amendment. Yet we now see a back- NOT VOTING—5 ciples, and so clearly departs from the ward migration, when Jews from abroad Alexander Kirk Webb original understanding of the Constitu- move back to Russia. This proves that Jews DeMint Rockefeller tion, I feel I must vote no. in Russia feel as confident as those inhab- The nomination was confirmed. The PRESIDING OFFICER. Under iting other countries of the Free World. Mr. COBURN. Mr. President, I wish the previous order, the motion to re- The rabbi added: ‘‘The provisions of to explain my vote against Mr. Michael consider is considered made and laid the Jackson-Vanik amendment have

VerDate Mar 15 2010 04:42 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.080 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7449 already achieved the goals of its Thanking you in advance for your kind The Senate Foreign Relations Com- initiators.’’ That was in 2007. Mr. Presi- help, I remain, mittee and the Senate Finance Com- dent, I ask unanimous consent that the ALEXANDER BORODA, mittee both voted unanimously to re- letter from the Federation of Jewish Chairman, FJC Russia. port a version of the Magnitsky bill Communities of Russia be printed in Mr. LEVIN. So I am glad, very glad, that applies its sanctions globally. that finally, the Jackson-Vanik law is the RECORD. Senators CARDIN and KYL have worked, There being no objection, the mate- no longer going to apply to Russia. on a bipartisan basis, to build support rial was ordered to be printed in the Not only does the bill under consider- for that global standard, and I strongly RECORD, as follows: ation grant Russia PNTR, it also con- support their effort. I commend them tains enforcement provisions that my FEDERATION OF on their effort. brother, Congressman SANDER LEVIN, JEWISH COMMUNITIES OF RUSSIA, So why is that Senate committee-re- fought for to address concerns about APRIL 16, 2007. ported bill not before the Senate? Why Hon. Senator CARL LEVIN, Russia’s compliance with its WTO obli- would we deny visas only to Russian Russell Bldg., gations and other trade concerns such violators? Why diminish Washington, DC. as Russia’s persistent failure to stop the universality of the values the DEAR SENATOR LEVIN: I am writing this intellectual property rights infringe- letter in my name and in the name of the Magnitsky bill seeks to uphold? Presidents and Rabbis of over 200 Jewish ment, and to help promote the rule of law in Russia. These are important en- Applying the sanctions contained in communities throughout our country which this bill solely to Russians, as the comprise the Federation of Jewish Commu- forcement tools that will give us a nities. I am writing to you on behalf of our chance to monitor Russia’s progress in House version does, not only dimin- constituency, to ask you to work to graduate fulfilling its commitments. I have ishes a universal value. Because it adds Russia from the Jackson-Vanik amendment looked forward to getting these actions a political twist, it will stoke a nation- in view of the fact that its goals have al- accomplished in PNTR legislation. alistic response in Russia. If this bill ready been met. does not apply the same rule to all We know that the fate of Soviet Jewry is The bill before us also includes the Rule of Law Ac- human rights violators, if it singles out important to you, and we are thankful for all Russian human rights violators, Presi- your efforts towards gaining freedom for our countability Act of 2012 which was in- country’s Jews. We will always appreciate spired by the Russian whistleblower dent Putin will no doubt appeal to the the role of Jackson-Vanik in bringing about Sergei Magnitsky, who was ruthlessly nationalistic passions of many Rus- change. We also remain grateful to those murdered. The legislation would re- sians by saying that our bill isn’t who forced the USSR’s Communist regime to quire that human rights violators in aimed at protecting human rights, but permit Jews to emigrate, and to end dis- Russia be identified and that we deny is aimed at Russia. We should not hand crimination. For us this was a huge morale President Putin that argument. boost—Jews behind the Iron Curtain were them U.S. visas as well as freeze their thrilled that Americans were willing to risk U.S. assets. The Senate bill, as approved by our political and economic confrontation, in However, and here’s the problem for committees, very appropriately pays order to stand up for the freedom and rights me, the Magnitsky language before us tribute to the man whose tragic death of their fellow human beings. is not the Magnitsky language adopted inspired the legislation, and applies its Nevertheless, in the last 15 years the situa- by our Finance and Foreign Relations message universally. I deeply regret tion has changed, radically. The freedom for committees. Their Magnitsky language that the House bill before us does not Soviet Jews to live wherever they desire was take that approach. fully obtained; nearly a million Jews from applied the same sanctions to human the F.S.U. now live in Israel, while hundreds rights violators wherever they might I don’t understand why we are not of thousands live in other countries through- be—whether in Russia, or Syria, or taking up the Senate version, the out the world. We are positive that these de- Sudan, or North Korea, or , or in version approved by our two commit- velopments were in part thanks to the Amer- any other country. tees, and applying these standards uni- ican lawmakers who supported the Jackson- In other words, the Senate com- versally. The only answer I get is that yank amendment. Yet we now see a back- the House of Representatives might ward migration, when Jews from abroad mittee-approved bill wisely adopted a move back to Russia. This proves that Jews global Magnitsky standard. The rea- not accept the Senate version. Well, we in Russia feel as confident as those inhab- soning for this is sound, because while should do what we believe in, as re- iting other countries of the Free World. the mechanism of U.S. visa denial for flected in two unanimous votes in two Today the Jewish people have equal rights human rights violators was inspired by committees, and not be derailed by a with the general population. Jewish life in a single case in a single nation, the prediction that the House will not ac- our country has experienced dynamic principles that it seeks to advance are cept our version. There is time left in growth. While it is well known that during this session to test that prediction. the years that Communism ruled we were universal. This bipartisan Senate com- forbidden to pray in synagogues, and to learn mittee bill, unlike the House-passed The failure to do so is inexplicable to the Torah or Hebrew, now, most of the larger version of the Magnitsky Act that we me. The House of Representatives did cities have built community centers, Jewish will soon vote on, does not single out not have a vote focusing on the issue of schools, day care centers, humanitarian fa- Russian human-rights violators for applying these sanctions globally. We cilities, and artistic collectives, in addition visa denial, but would apply the visa should give them a chance to do so. to synagogues. The country’s leaders, in- denial mechanism to people from any In summary, it is important that we ducting the President, regularly visit Jewish country who violate important human lift the Jackson-Vanik sanctions. It is communities. Russia’s Jews are treated as equal citizens and any outburst of anti-Semi- rights standards. The United States important that we speak out on the tism is met with harsh consequences. should be clear and firm in its commit- tragic death of Sergei Magnitsky and The provisions of the Jackson-yank ment to protecting human rights, hold those responsible to account. amendment have already achieved the goals wherever the violations occur, and to These are issues on which I believe so of its initiators. At this point a public cere- holding those who violate those rights strongly and that I have worked long mony marking the official graduation of accountable to the best of our ability, and hard, particularly on Jackson- Russia from the provisions of the amend- including denying them visas to come Vanik, to achieve. Taking these steps ment would be a tremendous opportunity to should be a cause of celebration. remind the rest of the world that the U.S. to our country. Human rights do not has successfully completed a policy initia- end at the borders of Russia, and any- But the violations of human rights tive, and will continue to look after the one who violates those standards, as so that the Magnitsky bill seeks to rem- needs of the Jewish people and to defend many did so blatantly in the case of edy are far too widespread for us to them from discrimination. At the same time, Sergei Magnitsky, should be held ac- apply remedies only to Russians the abolishment of this amendment in re- countable. human rights violators. The United spect to Russia would reiterate to the rest of Applying the Magnitsky provisions States has an opportunity here to the world that America is ready to commit globally, as the Senate bill approved by make a strong, unmistakable state- the resources necessary to the needs of the Jewish people. It would also demonstrate our committees did, follows in the spir- ment about the sanctity of human fairness, acknowledging that when a ‘‘carrot it of Jackson-Vanik, which, while in- rights. We should want that statement and stick’’ policy is pursued, the reward for spired by events in the Soviet Union, to ring out not just in , but compliance will, in fact, be paid as promised. was not limited to the Soviet Union. around the world.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.082 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7450 CONGRESSIONAL RECORD — SENATE December 5, 2012 I know some of my colleagues have while also adhering to WTO rules re- legislation more than 3 months after expressed hope that we can pass legis- garding sanitary and phyto-sanitary Russia’s WTO accession. lation to address this issue in the next measures. Once we have enacted PNTR Nevertheless, I look forward to en- Congress. I know of no reason to be- the United States will have the ability actment of this bill, especially consid- lieve that we will have significantly to enforce visa commitments through ering the overwhelming bipartisan vote greater chances of accomplishing this the World Trade Organization dispute of approval for this legislation in the goal next year than we do today. settlement process. House of Representatives just a few Mr. President, over the next few It is important to note that our vote weeks ago. While today’s vote is spe- weeks, we have time to conference and on passage of this bill is different than cific to Russia and Moldova, I hope this pass a defense authorization bill. We voting on a trade agreement where vote will remind us of the importance have time to debate and avoid the fis- both sides make concessions in order to of moving forward on trade in general. cal cliff. We have time to address a reach a conclusion. In contrast, our It is an unfortunate reality that when farm bill and dozens of other important vote on the House-passed Russia PNTR America stands still on trade, we are issues. And we have time to address the bill is entirely one-sided in favor of the actually falling behind relative to the transcendent issue of the universal United States. Russia joined the World rest of the world. There are more than rights of mankind. Trade Organization in August and will 100 new free-trade agreements cur- I yield the floor. remain a member of the WTO regard- rently under negotiation around the The PRESIDING OFFICER. The Sen- less of what we do with respect to world. Yet the United States is party ator from South Dakota. PNTR. to only one of those negotiations, the Mr. THUNE. Mr. President, I rise We are not giving Russia anything Trans-Pacific Partnership. today in strong support of the legisla- new because they have received PNTR The United States has not success- tion before us to enact permanent nor- on a recurring annual basis for the past fully negotiated a single new trade mal trade relations with respect to 20 years. The only issue today is wheth- agreement during the 4 years of the Russia and Moldova. This legislation er we will now allow U.S. businesses to Obama administration, and this admin- will also put in place a new mechanism take full advantage of the new trade istration has not yet asked Congress for a renewal of trade promotion au- for combating human rights abuses and commitments that Russia has made as thority, despite the fact that TPA ex- strengthening the ruling of law in Rus- part of joining the World Trade Organi- pired over 5 years ago. The cost of inac- sia commonly known as the Magnitsky zation. If we do not act, American tion on trade is high because we live in bill. The economic argument for the manufacturers, farmers, ranchers, and a global economy where American pro- legislation before us is clear. Russia is service providers will remain at a com- ducers rely on access to foreign mar- the world’s sixth largest economy; the petitive disadvantage relative to their kets. More than 95 percent of global world’s fifth largest global importer of foreign competitors doing business in consumers live outside the United agricultural products, and home to 140 Russia. million potential customers, the larg- States. At a time when our economy is grow- Consider that in 1960 exports ac- est consumer market in Europe. ing more slowly than any postrecession counted for only 3.6 percent of GDP. Russia is already an important and recovery since World War II, failure to Exports account for 12.5 percent of our growing market for U.S. businesses. Of enact PNTR makes no sense. American GDP. Exports of U.S. goods and serv- the top 15 U.S. trading partners, Russia export growth has been one of the true ices supported over 10 million Amer- was the market where American com- bright spots since the great recession. ican jobs. If we do not aggressively pur- panies enjoyed the fastest export According to the Department of Com- sue new market opening agreements on growth last year, at 38 percent. If we merce, jobs supported by exports in- behalf of American workers, we will see enact PNTR, it is estimated that U.S. creased by 1.2 million between 2009 and new export opportunities go to foreign exports of goods and services to Russia 2011. businesses and foreign workers. could literally double over the next 5 If we are serious about encouraging So while I am pleased that we are years. That is why groups ranging from job creation, we need to continue to considering PNTR today, I hope Presi- the American Farm Bureau to the Na- open new job markets abroad for Amer- dent Obama in his second term will tional Association of Manufacturers to ican exports. Normalizing our trade re- recognize the potential for increased the National Corn Growers, just to lationship with Russia is an important trade opportunities through a more ag- name a few, strongly support PNTR. step in the right direction. gressive trade agenda. I look forward Just last week I met with representa- While this legislation is about sup- to the President signing this legisla- tives from the South Dakota Soybean porting American jobs by promoting tion into law, and I urge all of my col- Association, and I was reminded of the our exports, we should also recognize leagues to vote for the legislation be- importance of Russia as a growing ex- the importance of the Magnitsky provi- fore us when that vote comes up to- port market to my State of South Da- sion included in this bill at the insist- morrow at noon. kota. While greater access to the Rus- ence of Senators CARDIN, KYL, MCCAIN, I yield the floor. sian market will benefit a wide range and WICKER, among others. By replac- The PRESIDING OFFICER. The Sen- of U.S. companies, such as manufactur- ing the outdated Jackson-Vanik law ator from Illinois. ers and service providers, I would be re- with a new mechanism to support Mr. DURBIN. The bill before us, the miss not to point out the enormous op- democratic reforms in Russia, this leg- permanent normal trade relations with portunity for America’s agricultural islation will strengthen the rule of law Russia, is important legislation to ex- producers in Russia. Consider that Rus- while combating corruption and human pand trading opportunities. I was sia is the world’s largest importer of rights abuses. thinking, as the Senator from South beef on a quantity basis, with imports The only thing surprising about this Dakota spoke about this debate on the of nearly $4 billion last year. Russia is vote is that it did not happen sooner. floor and what it was like around this the world’s fifth largest importer of Nearly 6 months ago, on June 12, I Chamber several decades ago when this pork products as well as the world’s joined Senators BAUCUS, MCCAIN, and issue was raised and there was a strong largest importer of dairy products. KERRY in introducing legislation to feeling for the Jackson-Vanik provi- Despite the problems we have en- enact PNTR. With the leadership of sions which prohibited certain trade countered recently with respect to our Senator HATCH and others, we approved between the United States and so- poultry exports, America remains the the PNTR legislation in the Finance called communist countries of their single largest supplier of poultry to the Committee by a unanimous vote on day, there were those voices on the Russian market, accounting for 50 per- July 18. other side, many from the Heartland cent of Russian poultry imports last Unfortunately, many of us believe such as Senator THUNE and myself. year. the administration did not push force- Senator Humphrey used to say, sell Under the terms of Russia’s WTO ac- fully enough for enactment of PNTR anything that can’t shoot back at us, cession, which occurred last year, Rus- before Russia joined the World Trade and that meant a lot of wheat some- sia is obligated to reduce tariffs across Organization in August. As a result, we times and other agricultural commod- a wide range of agricultural products are just now finally considering this ities.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.083 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7451 I will speak to that trade relation as- were harassed, often threatened with Sergei Magnitsky Rule of Law Ac- pect in a second, but before I do, I want new sweeping treason laws for speaking countability Act. to address an aspect of this bill that is up against fraud, corruption, or denial The two main components of this very important to me and should be to of basic rights. We saw what happened package represent a win-win for U.S. every Member of the Senate. to Sergei Magnitsky when he tried to businesses and for human rights de- I am honored to be the chair of the speak out against corruption. I am sad- fenders in Russia. Chairman BAUCUS Judiciary Committee Subcommittee on dened that the leadership of a great na- and Chairman KERRY deserve a lot of the Constitution, Human Rights and tion such as Russia is resorting to credit for working together to get us to Civil Rights. We have had a series of these hideous tactics. They are a this point. hearings on the issues of human rights throwback of the worst of the Soviet I also want to join my colleague Sen- and laws in the United States that af- era. Our friends the Russian people de- ator DURBIN in singling out and com- fect them. I have also been honored to serve a vision that looks forward to a mending Senator CARDIN of Maryland join with Senator CARDIN of Maryland new future that includes freedom and for his tremendous effort to bring this who chairs our Helsinki Commission human rights, not the past which adds historic piece of human rights legisla- Senate Delegation and has been on sev- sad chapters of the denial of both of tion to the floor tonight. eral trips overseas. He has made human these. As one of the original cosponsors of rights a part of that commission and I am pleased today to speak in sup- the Magnitsky Act, I remember back in part of the United States. port of this bill. Unfortunately, it May of last year when Senator CARDIN One of the aspects of this bill is so doesn’t include the original Cardin first introduced the bill. Since that important. Sadly today in the country amendment. The original Cardin time, he has been the driving force that of Russia we are seeing evidence of bru- amendment had a global reach and said has pushed this measure forward. It has tal and horrific treatment of individ- that we would treat virtually anyone taken a lot of patience, a lot of perse- uals and abuse of human rights. Sen- guilty of these crimes the same way, verance, but his work on behalf of ator CARDIN—who I said earlier is a denying visas and freezing their assets human rights in Russia has paid off, great voice of human rights in the Sen- in the United States. Incidentally, that and he is a big reason why we are here ate—introduced legislation in this Con- provision is said to be similar to an debating this bill today. gress that would impose U.S. visa bans amendment that I just offered on the This legislation comes at a complex and asset freezes on those who commit Defense authorization bill as it related time in the bilateral relationship be- gross human rights violations around to supporting the M23 rebels causing tween the United States and Russia. the world. That is a Cardin amendment mayhem in the Congo. The truth is the history of this rela- which I thought was a good one. The Unfortunately, the new provision tionship has always been full of com- idea was simple: Those who commit modification of Senator CARDIN’s origi- plexity and seeming contradictions, such acts that are so contradictory to nal limits the activities to those that and today is no different. American values should not be allowed occurred in Russia. He and I both wish Over the last 4 years the subtle to visit or stash their wealth in our it had gone farther, but often those im- change in tone brought on by the reset country, period. posing harsh and arbitrary violations has allowed us to establish substantial The inspiration of this came from a of their own people like to travel and progress on some limited areas of mu- terrible episode which occurred in Rus- hide their money. They should not be tual interests including the New sia. A lawyer named Sergei Magnitsky allowed to do it in the United States. If START Treaty, Afghanistan, and Iran. died a tragic death while in custody in they want to enjoy the benefits of the In addition, Russia has finally joined Russia after being arrested for uncov- United States, respect our basic democ- the World Trade Organization, which is ering official corruption. Magnitsky racy and values. another mutually beneficial outcome. was working for Hermitage Capital, Let me say a word about the overall Russia will become a more fully en- once the largest Russian-only fund in bill. It is an important step forward gaged member of the global trade com- the world. Drawn into the feud between and creates more opportunity for munity, and in exchange it will be the fund and Russian law enforcement trade. I believe trade opens the doors forced to abide by internationally rec- authorities, he testified that senior for exchanges of ideas, people, culture, ognized rules on trade and investment, Russian Interior Ministry officers had and opens the doors to democracy. including international property en- used his employer’s companies to em- The United States exported nearly forcement, the elimination of some key bezzle $230 million from the Russian $43 billion in goods to Russia in 2011. tariffs, and greater transparency in its treasury. My State of Illinois exported $287 mil- laws and regulations. Later the same police officers he ac- lion in heavy equipment alone, such as Despite these obvious advantages for cused arrested him. They held him bulldozers and tractors. Extending per- the United States, our businesses are without bail on charges of evading manent normal trade relations to Rus- currently stuck on the sidelines and taxes. After 11 months in custody, re- sia will ensure business not only in Illi- unable to benefit from Russia’s acces- peatedly being denied medical care, he nois but across America to make sure sion because of the outdated Jackson- died at age 37. Russia’s top investiga- we don’t suffer a disadvantage of trade Vanik legislation. Although it was suc- tive commission said that he died of with Russia. cessful in its time, Jackson-Vanik re- heart disease and hepatitis that he Russia has made a dramatic break mains the last obstacle for U.S. busi- could have survived with basic medical with the Soviet past. The United nesses to gain critical access to Rus- care. A parallel Russian Presidential States can help Russia on its path to sian markets and create jobs here at advisory report said that he may have an even better future, one that is more home. died because of a beating while in pris- integrated socially and economically. The legislation before us now retires on. I again commend Senator CARDIN for Jackson-Vanik and lets American busi- Over time prison officials were dis- ensuring that our Nation’s intolerance nesses compete with the rest of the missed but got jobs elsewhere. Russian for human rights violations is not part world to sell exports to and attract in- authorities have also occasionally of this process. And to the many Rus- vestment from Russia. Each and every raised the prospect of a more thorough sian people who are trying to push for State stands to gain from this legisla- investigation, but they ignored exten- a more open and transparent country, tion. In my home State of New Hamp- sive evidence linking police officials to we applaud their noble and courageous shire, exports to Russia have been on Magnitsky’s death. Incredibly, some of efforts. the rise over the last 2 years, particu- those involved have even received med- I yield the floor. larly with respect to transportation als for meritorious service by the Rus- The PRESIDING OFFICER. The Sen- equipment, computers, electronics, and sian Government. ator from New Hampshire. machinery. If given the opportunity, I Sergei Magnitsky’s death is part of a Mrs. SHAHEEN. Mr. President, I rise am confident that New Hampshire deeply troubling retreat on basic polit- today in strong support of the legisla- businesses will be able to successfully ical freedom and human rights in Rus- tion before us, the repeal for Jackson- compete in the growing Russian mar- sia. Activists and human rights leaders Vanik for Russia and Moldova and the ket, and this legislation will help them

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.085 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7452 CONGRESSIONAL RECORD — SENATE December 5, 2012 to do that. So even as we seek areas of this issue. We have had many discus- clear by statute that it applied glob- mutual interest with Russia, we should sions about how to advance human ally. I strongly supported that. I sup- be honest and admit that areas of dis- rights and what is the best strategy to port that now. I would love to see that agreement remain. get the Magnitsky bill enacted into in our bill, but we need to get this bill Perhaps the most pressing issue for law. She has been a real champion with done. I would have preferred to see us today’s relationship with Russia is the her leadership on the Senate Foreign take up the amendment, hopefully pass human rights situation there. Indeed, Relations Committee on Europe and the amendment, and work it out with over the last 6 months we have seen her leadership on the Helsinki Commis- the House. However, it was the collec- perhaps the worst deterioration in Rus- sion. I thank her for her good advice tive wisdom that in order to get this sia’s human rights record since the for allowing us to be able to get to this bill done, particularly with the admin- breakup of the Soviet Union. The Putin day. istration’s position on it—they did not government has enacted a series of I am convinced tomorrow the Senate support the global legislative solution laws that restrict protests and public will pass this legislation, the President at this point—that it was unlikely we expression and severely constrain civil is going to sign it, and we will achieve would reach the finish line and get that society in the country. a great victory for human rights. done. As some may know, my home State I thank the Senator for her observa- That doesn’t diminish the global im- of New Hampshire has a motto that is tions as we were talking about how to pact of this bill. I need to underscore well known throughout this country. It move forward with this bill in connec- that. It does not diminish the global is: ‘‘Live free or die.’’ We are not am- tion with PNTR for Russia. I know impact of this bill. Senator MCCAIN is biguous regarding how we feel about Senator LIEBERMAN talked about it a right. Countries and individuals are on the principles on which this country little bit earlier. I am convinced, as notice. I can tell my colleagues that as was founded. The United States is not, important as this bill was, that the a Member of this body, I will be moni- should not, and will not be shy about Magnitsky bill by itself would have toring, and if there are individual peo- our staunch support for democratic been extremely difficult for us to get ple who have committed these gross values around the world. When it through to the President and for the violations and who are seeking to come comes to Russia, we should be no dif- President to sign into law and that in to America and use our banking sys- ferent. combining it with PNTR, we got it tem, I am going to take action. It may The Magnitsky bill before us is an done. I also believe that PNTR without be filing additional legislation. I hope important tool to raise the profile of Magnitsky would not have gotten done. we get it done. I hope we will find an human rights in Russia. It is supported So I think the marriage of these two opportunity to get the Senate language almost unanimously by opposition and bills was the right choice. They allow into law, that the legislative standard civil society figures across Russia. The us to move forward, as Senator LEVIN specifically applies globally. case of Mr. Magnitsky is a tragic one, said, repealing a provision that is not Let me point out we already have au- as so many people have eloquently relevant for Russia, while also allowing thority. The Secretary of State already talked about today. We are here as part us to make a new standard for Russia has authority to deny human rights of this legislation to press for account- that is relevant for our problems we violators the right to come to America. ability in his death. However, this is are confronting not just in Russia but Before I filed the Magnitsky bill, I sent really more than simply a question of throughout the globe. a letter to the Secretary of State say- one man’s tragic case. I wish to comment a little bit about The State Department’s human ing we know who the perpetrators of Senator LEVIN’s point. Senator LEVIN rights report annually describes count- the crimes against Mr. Magnitsky are; raised the issue of why couldn’t we less human rights violations, including deny them the right. They want to make this global. As Senator MCCAIN attacks on journalists, physical abuse come to America. They are planning to of citizens, politically motivated said, countries are on notice, particu- come to America. Don’t let them. We imprisonments, and government har- larly those countries that are known went back and forth a little bit as to assment and violence. There are nu- for their human rights violations. They what they were going to do. merous cases like Magnitsky and, un- now know what the standard is, and What is interesting is that I filed this fortunately, there are likely to be they know what action the United legislation with Senator MCCAIN and many more. States will take if they don’t meet that many others. Secretary Clinton took That is why this bill before us is so standard. action. She said we will deny them the important. It seeks to ensure that no The standard is very clear. I will just opportunity of coming to America; we human rights abusers in Russia are read it into the RECORD one more time have that authority. The Secretary of granted the privilege of traveling to so every country knows and every indi- the Treasury has certain authorities to this country or using our financial sys- vidual knows we will be taking action deny the rights of our banking system. tem. A strong, successful, and trans- against those who violate human So we have—our agencies have the in- parent Russia that protects the rights rights. It says any individual who ‘‘is herent authority to block human of its citizens is squarely in the inter- responsible for extrajudicial killings, rights violators from coming to Amer- est of the United States. The torture, or other gross violations of ica or using our banking system. Magnitsky Act will demonstrate that internationally recognized human Should we legislate to make that we stand unambiguously for the rule of rights committed against individual clear? Absolutely. Should we pass leg- law, for democracy, and for respect for seeking . . . to obtain, exercise, defend, islation that is global? Absolutely. I human rights in Russia. or promote internationally recognized hope we will do that. As we look forward and think about human rights. . . . ’’ Today we have the opportunity to our relationship with Russia, we have That is the standard. That is what is make a major advancement to estab- to be both pragmatic and principled. A in this bill. That is what we will be lish the standard in statute that we ex- successful policy with Russia will find voting on tomorrow. That is what has pect will be honored internationally, a way to both protect our interests and been approved by the House of Rep- globally, to provide the tools to act defend our values. I think the legisla- resentatives and I believe will be ap- against Russia because this is a PNTR tion that is before us today is a perfect proved tomorrow by this body and will Russia bill. We will be able to do that. example of how we can do both, and I be signed into law by the President of We also have the tools in place to be certainly hope my colleagues will the United States. We are establishing able to take further action. strongly support its passage and send the standard that will be used to deny So what I said earlier I think is abso- it directly to the President for his sig- human rights violators the right to lutely true. This isn’t an end of a chap- nature. visit our country, to obtain a visa, and ter of U.S. leadership. I can tell my col- Thank you very much. to use our banking system. leagues when Senator Jackson and The PRESIDING OFFICER. The Sen- Senator LEVIN is absolutely correct. Congressman Vanik suggested the use ator from Maryland. The bill that came out of the Senate of trade as a leverage to block trade Mr. CARDIN. Mr. President, I thank Foreign Relations Committee and the with countries if they didn’t respect Senator SHAHEEN for her leadership on Finance Committee made it crystal the basic human right of allowing their

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.086 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7453 people to leave, there were many peo- do believe we will have the opportunity find ourselves today. Rising Federal ple who said: Why are you doing that? to show America’s leadership will be budget deficits were the cause of Can’t we just talk it out? That bill pro- continuing to advance human rights. alarm. Almost everyone agreed that we duced incredible results not only on This legislation will make a difference needed to bring them down. The dif- the individuals who were able to leave not just in the trade relationships be- ficulty was how. Meeting the widely the Soviet Union, but it spoke to tween Russia and the United States—it differing priorities among members of America’s leadership. will help that—but it will help advance Congress—and the American people we I honestly believe it helped establish international respect for human rights. represented—seemed impossible. the principles where the United States I am proud to be part of that effort. used trade to open and eliminate the With that, I suggest the absence of a Senator Rudman, along with Senator apartheid government of South Africa. quorum. Ernest Hollings and Senator Phil We were the leaders on that. We have The PRESIDING OFFICER. The Gramm, crafted a solution. It is fair to been very strong on protecting human clerk will call the roll. say no one liked it very much. None of rights and saying: We will use every The legislative clerk proceeded to us here at the time, including me, tool at our disposal to protect people’s call the roll. voted for it with great enthusiasm. basic rights. We did that in South Afri- Mr. CARDIN. Mr. President, I ask That was its genius. By establishing a ca and we did that in the Soviet Union unanimous consent that the order for mechanism for automatic, across-the- and we are doing it again today. That the quorum call be rescinded. board spending cuts that would take is where America’s leadership shines. The PRESIDING OFFICER. Without place in the absence of a more tailored That is where America’s leadership will objection, it is so ordered. program of deficit reduction, they be followed by other countries. We are f sought to force all of us to make the already seeing other European capitals difficult choices required to reduce the pass similar legislation as the MORNING BUSINESS deficit. Magnitsky bill to make this clear. We Mr. CARDIN. Mr. President, I ask The arrangement Senators Rudman, are ending a chapter with Jackson- unanimous consent that the Senate Gramm and Hollings concocted was Vanik and we should be very proud of proceed to a period of morning busi- disagreeable to everybody, and so we what America stood for, what we stand ness, with Senators permitted to speak looked for ways to avoid it. I voted for for today, and our leadership in the therein for up to 10 minutes each. lives of real people and how it has the 1985 agreement in part because I The PRESIDING OFFICER. Without believed it would help force elected of- helped keep people safer. objection, it is so ordered. Now we are starting a new chapter ficials to get serious about the fact and that new chapter is not just Rus- f that revenue was an important part of sia. That new chapter is global. We are HONORING OUR ARMED FORCES the deficit-reduction formula. It was putting the international community true then, it was true now, and Warren SERGEANT FIRST CLASS DARREN LINDE on notice that we will not tolerate in- Rudman helped clarify that important SPECIALIST TYLER ORGAARD dividuals who violate basic human fact. We borrowed from Warren Rud- rights, and we will use every tool at Mr. BAUCUS. Mr. President, I wish man’s playbook with the sequestration our disposal, including trade, including to say a few words that deserve our at- provisions which are now the subject of the right to come to America, includ- tention. On Monday, an attack on U.S. so much debate and concern here. I dis- ing the right to use our banking sys- troops in Afghanistan claimed the lives like the blind, Draconian cuts of se- tem, including putting as much pres- of SFC Darren Linde and SPC Tyler questration today as much as I disliked sure as we possibly can on countries to Orgaard of the North Dakota National them in the 1980s. Now, as then, I am take action against those who violate Guard. hopeful that members of good will can rights. Sergeant Linde was a graduate of reach across the aisle to reach com- We respect the rights of individual Sidney High School in Montana. He promise solutions—solutions that we earned many honors throughout his ca- countries. We want to work with those may dislike in part, in order to avoid reer, including the Bronze Star, Purple countries, but America will not give up even worse outcomes. If we do so, it Heart, Army Commendation, and Army its values and on promoting these val- will be because of the Sword of Damo- Good Conduct medals. He was a hero ues internationally. That is what this cles called sequestration that hangs and a family man who put service to legislation is. over our heads. I know that is what others above all. I understand the disappointment that Senator Rudman would hope for, and we don’t have everything in this bill we May all of us honor the sacrifice and service of Sergeant Linde and Spe- be working hard for, if he were still would like. I am certainly dis- serving here. appointed. I fought hard. I spoke to so cialist Orgaad by looking for ways we many Members in both the House and can circle around our troops and their We should reflect on Senator Rud- the Senate about trying to make this families. There are no words to express man’s career today for another reason. bill even better. I am proud of how far how thankful we are for the ongoing When he decided not to stand for re- we were able to get, and I can tell my commitment and dedication they show election in 1992, he did so, in the words colleagues this: The activists who are every day. of , because ‘‘the risking their lives today in countries Please join my wife Melodee and me Federal Government was not func- around the world to protect the rights in praying for the servicemembers and tioning’ and that it was impossible to of citizens, to question the actions of families devastated by this attack. get anything done in a Senate rife with their government, to dare to say we f posturing and partisanship.’’ should have competitive elections, we Maybe the lesson is that the present should respect the religious freedoms REMEMBERING WARREN B. RUDMAN always looks more partisan and polar- of individuals, we should be able to ized than the past. I hope all of us can speak out, these people are putting Mr. LEVIN. Mr. President, I want to reflect on Senator Rudman’s efforts to join my colleagues in extending condo- their lives at risk. They are looking at achieve practical solutions to difficult lences to the family of Senator Warren what the Senate is doing today, and problems, his willingness to com- Rudman, and add my voice to those sa- they are looking at us and saying: Pass promise, and his integrity, and keep luting a distinguished, effective and this bill. Pass this bill because it gives those qualities in mind as we struggle us hope. It lets our countries know principled member of this body. with the many and complex problems America will stand for us, that Amer- It has been hard in the last few we face today. ica’s leadership will be there to keep us months, for those of us who knew and safe. served with him, not to think of War- Barbara and I were terribly saddened I know we have had a spirited discus- ren Rudman. More than 2 decades ago, to learn of Warren Rudman’s passing. sion this evening. We will have a our circumstances were strikingly Our thoughts are with his family and chance tomorrow to vote on this bill. I similar to the situation in which we the many close friends who mourn him.

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