[Congressional Record Volume 156, Number 167 (Thursday, December 16, 2010)]
[Senate]
[Pages S10373-S10383]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TREATY WITH RUSSIA ON MEASURES FOR FURTHER REDUCTION AND LIMITATION OF
STRATEGIC OFFENSIVE ARMS--Continued
The PRESIDING OFFICER. The Senator from Georgia.
The Omnibus
Mr. CHAMBLISS. Madam President, I want to speak for a few minutes
about the START treaty. Before I do, there is another issue that has
been debated on this floor that we are going to continue debating over
the next several days, and that is the issue of the funding of the
Federal Government. There is an omnibus bill that has been laid out
there now, which is something that happens from time to time that is
simply not the way business ought to be done in this body.
As we move into the debate on the omnibus bill, there are a lot of us
who want to see, obviously, the government remaining open and running
at full speed. All of us within this body want to make sure as we do
that, we do it the right way.
Frankly, to run in an omnibus bill at the last minute out here that
has thousands of earmarks--some of which folks like me requested months
and months ago, and until 2 or 3 days ago had no idea those requests
would be honored and are now included in there, amounting to billions
of dollars. With the issues we have now, including the election that
took place on November 2 where the American people spoke loudly and
clearly about the way Washington spends money, this is not the way to
do business.
I intend to vote against the omnibus bill. I will speak more about
that at a later date.
The New START Treaty
I want to speak for a minute on the START treaty, and I want to start
off by commending both Senator Kerry and Senator Lugar who, as the
chairman and ranking member on the Foreign Relations Committee, have
worked long and hard on this particular measure.
This treaty was signed by the President after negotiations were
completed back in the spring. By the time we got the text, and then the
additions to the text, I would say it was probably into April or May,
whenever it was.
Since that time, I know both Senator Kerry and Senator Lugar have
worked very hard. They have been open for discussion. I have had
several discussions with Senator Lugar about it and have explained my
problems with it early on to him. He has been very receptive. I
received another letter from him today further explaining some of the
issues that are out there.
But that is an indication of how complex this issue is. As a member
of the Armed Services Committee and the Intelligence Committee, I have
had the opportunity to have any number of briefings. I have been in
hearing after hearing. I have been in meeting after meeting with
members of the administration as well as outside experts who believe
this is right, and those who believe it is wrong. I have been involved
in phone calls. I have traveled abroad to visit with our friends in
both France and Great Britain to learn about what they are doing with
respect to their nuclear inventory.
It is not like folks like me who have to make a decision whether to
support this have not been working on it and trying to understand the
complexities of this treaty. Gosh, those Members of the Senate who do
not serve on Foreign Relations, Armed Services, or Intelligence do not
have the benefit of the extensive briefings those who serve on those
committees have had, and they have been trying to understand the
operatives that are involved in this treaty also.
My concerns were laid out to Senator Lugar early on in a letter. I
have been very clear in conversations and hearings, including in an
extensive conversation that I had with my longtime good friend, Senator
Sam Nunn, who, along with Senator Lugar, in my mind are the two
godfathers of the Russia-United States nuclear issue.
[[Page S10374]]
The issues that are out there are in the process of being dealt with
and resolved--but we are not there, in my mind. I cannot speak for the
other 59 folks here, but I can tell you this: There are five major
issues I have been concerned with from day one.
First is missile defense and what impact this treaty is going to have
on missile defense. I will be honest, I expressed concern about it,
including in a hearing in the Armed Services Committee with Secretary
Gates, who is an individual for whom I have such great admiration and
respect--we can have a difference of opinion on policy from time to
time, but I know where Secretary Gates stands when it comes to the
national security interests of the United States.
In response to a question I asked him in an Armed Services hearing,
he satisfied me with respect to the missile defense issue. Then, like
happens with so many other issues when there is a complex treaty like
this, we have comments that were made in Portugal in recent weeks about
phase 4 of our missile defense plan that all of a sudden raises another
issue, or at least a potential issue, that has to be addressed and has
to be resolved, in my mind, before I can vote for a treaty I want to
support. I continue to work through that particular issue.
The second issue is the issue of modernization of the weapons in the
United States. We can look ourselves in the eye, Members of this body
and Members of the House, and take part of the blame. We have not
funded a modernization program for the updating of nuclear weapons of
the United States. Now we have called on the administration to make a
commitment, and that commitment is going to have to be a financial
commitment as well as a policy commitment. To the credit of the
administration, they have worked in a very diligent way--I know with
the prodding of Senator Kerry and Senator Lugar--to address this issue
both from a budgetary standpoint as well as a policy standpoint. Again,
it is not just this administration that has to be involved. It is
future administrations as well as future Congresses that are going to
have to address that issue.
As we decide whether to vote for or against this treaty, we have to
satisfy ourselves that future Congresses, future administrations are
going to do that. How do we resolve that? I do not yet know. But it is
another issue that we have to go through in our minds and satisfy
ourselves on the issue of modernization before we can vote for it.
Third is an issue of verification. This is probably the major issue,
at least in my mind. The Senator from Illinois just spoke about the
fact that we have gone for a year or so now without having the
opportunity, under the treaty that expired in 2009, to look at what the
Russians are doing and likewise to give the Russians the opportunity to
look at what we are doing.
It is important when there is a complex issue like this, and an issue
where you have to trust the other side to do certain things, that you
have the opportunity to verify after you enter into that trusting
relationship with them.
The verification process that is set forth in this New START treaty
is frankly significantly different from the verification process that
was in the treaty that just expired. There are reasons it needed to be
different, and I understand that. But there still is an issue relative
to: Do we have the right kind of verification measures in place in this
treaty to be able to satisfy our community, both the defense community
and the intelligence community, that this treaty gives us everything we
need to have to be sure that the Russians are doing what they are
supposed to do?
In that vein, one way we are going about the issue of making sure the
verification requirements that are set forth in here are adequate is to
look at the National Intelligence Estimate that was put out 2 months
ago, 6 weeks ago--whenever it was. When it did come out, I sat down and
read through it. It is a rather detailed document that sets forth each
of the issues in the minds of the intelligence community. And those
concerns are dealt with in an appropriate way. There are still some
questions in my mind with the classified portion of this treaty that I
have to be satisfied with.
I started going through the NIE again, and over the weekend, when it
looks like we are going to have plenty of hours to sit down with not
much going on, I am going to do that. Hopefully, I am going to satisfy
myself on the classified portions.
Last, what is not in this treaty is just as much of concern to me as
what is in the treaty; that is, a total lack of addressing the issue of
tactical weapons. I understand, because I have asked the question to
the State Department, to the intelligence community, the Defense
Department--about this issue of tactical weapons. Their rationale is,
look, we cannot deal with tactical weapons until we get this treaty
agreed to and signed and deal with the strategic side. Then we can deal
with the tactical side.
I don't buy that. I think there was an opportunity that was missed.
We are dealing with a country that has fewer strategic weapons than we
have. They are going to be huge beneficiaries under this bill from the
standpoint of the sheer numbers. On the other hand, they have hundreds
and hundreds, perhaps even thousands--we really don't know--more
tactical weapons than what we have. It is the tactical weapons that
bother me just as much as the strategic weapons because the tactical
weapon can be put in a suitcase and delivered to a location that could
destroy something domestically, or U.S. assets somewhere else around
the world, or people.
The lack of addressing the tactical weapons issue is a problem. Is it
enough to say we should not do this? Maybe not. But there are those of
us who are wrestling with the issue and trying to do it in the right
way. I will have to say that in concluding my eighth year here, I have
never had to vote in favor of a treaty that was this complex, this
important, and had this much influence on what is going to happen with
respect to the safety and security of our country for my children and
grandchildren.
I commend Senator Kerry and Senator Lugar and their staffs for a
tremendous amount of work and their openness. We have never asked a
question they have not attempted to respond to. I am hopeful, over the
next couple days, a week, however long we are going to be here, if we
conclude it or if we conclude it next year, that we will be able to
ultimately come together as a body and address this issue in a right
and positive way.
I yield the floor.
The PRESIDING OFFICER (Mr. Durbin). The Senator from New Hampshire.
Mrs. SHAHEEN. Mr. President, I am here to join my colleagues who
believe that now is the time to ratify the New START treaty. The New
START treaty is a continuation of a long history of bipartisan arms
control cooperation and it is the culmination of President Ronald
Reagan's consistent appeal, as mentioned in previous remarks, to trust,
but verify when we are dealing with Russia. At a time when much of
America is fed up with this body's inability to work in a bipartisan
fashion, I hope we can still work across the aisle to strengthen
America's national security and deal with the threat that is posed by
nuclear weapons. I certainly applaud the leadership of Senator Kerry
and Senator Lugar and the work they have done on this issue heading the
Foreign Relations Committee.
Much like previous arms control treaties, including the old START
treaty signed by President George H.W. Bush and the SORT treaty signed
by President George W. Bush, the New START treaty is squarely in the
national security interests of the United States. The New START treaty
will reduce the limit of strategic nuclear arms aimed at the United
States. The United States and Russia will be bound to a lower number of
nuclear weapons, which will be 30 percent fewer than the current limits
under the SORT treaty. The treaty's new rules allow us to count
Russia's nuclear weapons more accurately. That is a critical piece as
we listened to the concerns of Senator Chambliss about whether we can
verify what is going on. These new counting rules give us the ability
to more accurately figure out what is happening with Russia's nuclear
arsenal.
In addition, New START leaves us the flexibility to determine our own
force structure and maintain a robust deterrent capable of protecting
us and our allies.
Despite all the concerns raised, this treaty does nothing--let me
repeat
[[Page S10375]]
that, this treaty does nothing--to constrain our missile defense plans.
Further, it allows for the modernization of our nuclear weapons
complex. We have already heard from the three directors of our nuclear
labs that they are happy with the commitment this administration has
provided to modernization of our nuclear arsenal. The treaty restores a
critical verification regime that was lost when the old START treaty
expired. We have gone over a year without important intelligence from
these on-the-ground inspections. This gap hinders our insight into
Russia's program.
Much like previous agreements, this treaty deserves broad bipartisan
backing in the Senate. Past treaties have benefited from overwhelming
support in this body. The original START treaty was ratified by a vote
of 93 to 6. We can see that on this chart. START II was ratified 87 to
4. The SORT treaty, negotiated by George W. Bush, was ratified by a
vote of 95 to 0. That is incredible--no opposition to that treaty. New
START has earned the backing of an overwhelming number of foreign
policy experts and national security officials across a broad political
spectrum, both Republican and Democratic. New START has the unanimous
backing of our Nation's military and its leadership, including
Secretary Gates, the Chairman of the Joint Chiefs, the commander of
America's Strategic Command, and the Director of the Missile Defense
Agency. America's military establishment is joined by the support of
every living Secretary of State from Secretary Jim Baker to Secretary
Condoleezza Rice, as well as five former Secretaries of Defense, nine
former National Security Advisers, and former Presidents Clinton and
George H.W. Bush. I know people cannot read this because the writing is
so small, but this is the column of former Presidents and Cabinet-rank
officials who support New START. Look how long the list is. This is the
list of those Cabinet-rank officials who oppose it.
America's intelligence community also strongly supports the New START
treaty. It has now been 376 days since we last had inspection teams on
the ground in Russia monitoring its nuclear program. Every day we go
without this critical intelligence is another day that erodes our
understanding of Russia's intentions, plans, and capabilities. New
START gives us on-the-ground intelligence we currently do not have and
also, for the first time, includes a new unique identifier system which
allows us to better track Russia's missiles and delivery systems.
I heard the Senator from Georgia expressing a question about whether
this gives us the ability we need to verify what Russia is doing. New
START gives us more inspections per facility per year than the old
START treaty did. Without this critical information, our intelligence
community is hindered from an accurate assessment and our military is
forced to engage in costly worst-case-scenario planning.
Our NATO allies also support New START. As chair of the subcommittee
responsible for NATO, I am mindful of the defense and security of our
NATO alliance members living in Eastern Europe. I was pleased that at
the recent NATO Lisbon summit, all 28 NATO allies gave their strong
unanimous support for ratification of the New START treaty. In fact,
some of the treaty's strongest backers are those countries that are our
allies along Russia's borders. The NATO Secretary General said: ``A
delay in the ratification of the START treaty would be damaging to
security in Europe.''
Finally, ratification of this treaty should be important to those who
are concerned with the nuclear threats posed by Iran and North Korea or
who are worried about the threat that is posed by terrorists around the
world who are seeking a nuclear weapon or nuclear materials.
I know some critics look at the New START treaty in isolation and say
this arms agreement has nothing to do with these proliferation threats.
I couldn't disagree more. What does it say to our allies and partners
around the globe if we turn our back on a long history of bipartisan
support for working with Russia to reduce the nuclear threat? Delaying
ratification of a treaty with so much bipartisan support from our
military and the national security and foreign policy establishments, a
treaty that is so obviously in our national interest, tells the world
we are not serious about the nuclear threat. It says we are not serious
about our responsibilities under the nonproliferation treaty. I know my
colleagues on both sides of the aisle agree we should do everything in
our power to make sure Iran and North Korea and al-Qaida do not have
nuclear weapons. If we abdicate our position as a leader on nuclear
arms control, we risk losing the authority to build international
consensus and stopping rogue nations and ending nuclear proliferation
around the globe.
Earlier this year, Brent Scowcroft, former National Security Adviser
under President George H.W. Bush, testified to the Foreign Relations
Committee that ``the principal result of non-ratification would be to
throw the whole nuclear negotiating situation into a state of chaos.''
It is much too dangerous to gamble with nuclear weapons or our national
security at a time when we are working with our international partners
to press Iran and North Korea on their nuclear weapons programs.
In testimony before the Foreign Relations Committee, former Defense
Secretary James Schlesinger said that a failure to ratify this treaty
would ``have a detrimental effect on our ability to influence others
with regard to, particularly, the nonproliferation issue.''
That sentiment was echoed by five former Republican Secretaries of
State in an op-ed written for the Washington Post a couple weeks ago.
One of the arguments we have heard this afternoon is that we are
rushing consideration of this treaty. This is not true.
This chart is an outline that shows how much time has been spent in
the past as treaties have come to the floor. The fact is, the Senate
has thoroughly considered the New START agreement. We have had plenty
of time to review the treaty. Since it was signed in April, the treaty
text has been available for everyone to read. It has not changed. We
have had over 250 days to examine the treaty and ask questions of the
administration. The Senate Foreign Relations Committee held 12 hearings
on the treaty.
There were another nine held by other committees. In contrast, there
were only four committee hearings held on the SORT treaty and only
eight held on START II. The Foreign Relations Committee also
accommodated some Members' concerns earlier this year by delaying a
vote on the treaty during the August recess. The Obama administration
has answered over 900 questions for the record on New START. Nearly
every major foreign policy or national security expert has weighed in
on the treaty, either in testimony, briefings or in the press.
The history of treaties such as New START shows that the concern that
there isn't enough time on the floor to consider this treaty is not
accurate. In general, arms control agreements take an average of 2 to 5
days of floor time. The original START treaty, which was much more
complicated and complex and the first of its kind, took only 5 days of
floor debate. START II took 2 days of floor consideration. The most
recent SORT treaty took 2 days of floor debate. We have already had
almost 2 days of floor debate. Other arms control agreements, such as
the Treaty on Conventional Armed Forces in Europe and the Chemical
Weapons Convention, took 2 days of floor time. We have had more than
enough time to consider this treaty on the floor.
Finally, some have expressed concerns that the Senate should not be
forced to work so close to their holiday vacations. I think it is
important to repeat what retired BG John Adams said in response to that
concern. He said:
We have 150,000 U.S. warriors doing their job over
Christmas and the New Year. The U.S. Senate should do its
job--and ratify this treaty.
I could not agree more with Brigadier General Adams. The Senate
should get its work done. We should ratify New START. We should do it
before the holidays, before we go home, in this session of Congress. It
is time to vote on this critical national security concern.
I yield the floor.
Mr. KERRY. Mr. President, I ask unanimous consent that the order to
return to legislative session be delayed and occur at 7 p.m., with the
order then
[[Page S10376]]
for recognition of the majority leader still in effect.
The PRESIDING OFFICER. Without objection, it is so ordered.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. KYL. Thank you, Mr. President. It is a delight to see you in the
chair.
Mr. President, let me make a brief comment on the last comment from
my colleague about the work schedule of the Senate because I have been
one of those folks who have decried the fact that we are dual-tracking
the START treaty and the Omnibus appropriations bill here with just a
week left before Christmas.
I do think it is an imposition on our families and our staff that we
need to be working during this period of time. I do not think there is
anybody in this body who works any harder than I do. I do not claim to
be the hardest working, but I am no stranger to hard work, and I am
happy to be here right up to Christmas Eve if that is what it takes.
But my complaint is that this is a problem that has been brought on
by the Democratic leadership. All year long, we had the opportunity to
do a budget. Did we ever do a budget? No. All year long, we had the
opportunity to pass appropriations bills. This is the first time in my
memory that the Senate never passed a single appropriations bill--not
one.
So now here we are, with a week to go before Christmas, trying to
cram everything into the same short period of time. We have to pass a
bill to fund the operations of government which will cease on Saturday
at midnight. We could have done that in the last 300 days of this year,
but, no, we wait until the very last minute. We wait until the last
minute to do the tax legislation that just passed out of the Senate and
the House is considering this afternoon. In addition to that, we are
trying to consider the START treaty. That is the concern a lot of us
have.
But let me return to where I was earlier today when I was talking
about some of my concerns about the treaty, laying the predicate for
some of the amendments we will have as soon as we are done with our
comments, our opening statements about the treaty itself.
I had last talked about the modernization program, and Senator Kerry
and I had a brief conversation about that, agreeing that this was a
very important part of the ability of the United States to have a
credible nuclear deterrent. We were talking about the nuclear weapons
part of that.
There is a second part of our nuclear deterrent, and that is the
delivery vehicles--the missiles, the submarines, the long-range
bombers, the cruise missiles--those components of our so-called nuclear
triad that enable us to effectively deliver the warheads in the event
that should ever be required.
The problem with this part of the modernization package is that we do
not have the degree of certainty that I think we need to have the
assurance that moving forward with an even lower number of warheads is
a safe thing to do. Specifically, we have asked the administration for
but have not received assurances with respect to the long-range bomber,
the ICBM, and the Minuteman III. Let me just mention those two things.
With regard to the long-range bomber, we have repeatedly asked: Will
we have a nuclear capable long-range bomber? That is what the bomber
leg of the triad is--a nuclear-capable bomber. Now, it could be a
penetrating bomber, it could be a manned bomber, it could be a bomber
that carries cruise missiles to get to the target, but it needs to be
nuclear capable. We have no assurance. So while everybody in the
administration continues to say: ``We believe in our nuclear triad, we
must have a nuclear triad,'' we are not getting any satisfaction on the
question, What about the bomber leg of the triad?
Our current long-range bomber cruise missiles are due to be retired
in 2025. Will there be a follow-on? Again, no reassurance. No funding
has been provided in the 1251 plan that I spoke of earlier for
replacement of an ICBM Minuteman III.
There is some very troubling language in the 1251 update on a follow-
on assessment study. I am going to quote what this assessment study
will be predicated on. This is for the ICBM. It is a study that--and I
am quoting--``will consider a range of deployment options, with the
objective of defining a cost-effective approach for an ICBM follow-on
that supports continued reductions in U.S. nuclear weapons while
promoting stable deterrence.''
That supports continued reductions in the U.S. nuclear weapons. So
the key criteria here is not to carry whatever weapons we think are
necessary but, rather, an ICBM force that will be determined and sized
in order to achieve those reductions. What I am wondering is whether
that suggests that the administration might not maintain an ICBM
capability so that it can pursue further reductions or that the ICBM
follow-on system will be based on plans for reductions.
Mr. KERRY. Will the Senator--
Mr. KYL. Let me just complete this thought, if I could.
The administration's arms control agenda--my belief--should not be
the key factor in determining the level of our ICBM capability.
I will make a note here and allow my colleague to interrupt.
The PRESIDING OFFICER (Mr. Manchin). The Senator from Massachusetts.
Mr. KERRY. Mr. President, I thank the Senator very much. I just
thought it would be helpful if we can talk about a few of these things
as we go along.
What I want to ask the Senator is what he thinks is inadequate in the
resolution of ratification. Declaration 13 makes it clear that the
United States is committed to accomplishing the modernization and
replacement of the strategic delivery vehicles.
The service lives of the existing strategic delivery vehicles run
well past the 10-year life of this treaty. So my question would be,
since the DOD has already scheduled study and decision deadlines,
timelines, for the replacement of all of these systems--so since that
is outside of the four corners of the treaty, so to speak, why would
declaration 13 not state that we are committed to proceeding to the
full modernization and replacement of the adequate delivery vehicles?
Mr. KYL. Mr. President, I will be happy to respond to that.
Let me respond first by quoting two key officials from the Obama
administration: Secretary Gates and Under Secretary of Defense Jim
Miller. This is what I gather their decision is going to be based on.
First, Secretary Gates:
There are placeholders for each of the modernization
programs because no decision has been made. They are
basically to be decided, and along the lines that Admiral
Mullen is just describing, those are decisions we are going
to have to make over the next few years in terms of we are
going to have to modernize these systems and we are going to
have to figure out what we can afford.
Deputy Under Secretary of Defense Jim Miller:
We think the current ICBMs are extremely stable and
stabilizing, particularly as we de-MIRV to one warhead each.
I would interject, remember, we are doing that while the Russians are
MIRVing, which, of course, creates more instability under this treaty.
But to go on with the quotation:
But we will look at concepts that would make them even more
survivable over time, which would allow them to be part of a
reserve force.
My point in reading these two quotations is to suggest to my
colleague that it is troubling that the administration is not willing
to commit to making a decision, is not willing to commit to having a
nuclear-capable bomber force, is not willing to say that the ICBM force
will support the delivery of the warheads required for that leg of the
triad but, rather, will be based on what we can afford and be based on
our desire to continue to reduce U.S. nuclear weapons, and that perhaps
we are developing them in order to be part of a reserve force.
All of this suggests that the one quotation that was read by my
colleague is a nice statement but does not reflect the reality of what
the administration is actually planning on.
Mr. KERRY. Will the Senator yield further?
Mr. KYL. Yes.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KERRY. As the Senator knows, a legitimate certain amount of
analysis has to be made by DOD in order to be able to submit to the
Congress a plan that is realistic both in cost and judgment about what
the size will be.
[[Page S10377]]
Every single testimony, from the Joint Chiefs of Staff through
Secretary Gates, has committed to the maintenance of a viable triad.
That could not be more clear in this record.
Mr. KYL. If I could just interrupt my colleague, who interrupted me.
Mr. KERRY. Absolutely.
Mr. KYL. A viable triad at a minimum, per se, has to include nuclear
capability or it is not part of our nuclear triad, right? And what I am
saying here is that the administration is not assuring us that the
long-range bomber will be nuclear capable. So maybe we have a dyad now,
not a triad.
Mr. KERRY. Mr. President, again--
Mr. KYL. Go ahead. I will yield to my colleague.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KERRY. This is very important to the sort of understanding of
where we are here and what the real differences are.
All of these systems, all three--DOD has scheduled and put out a
timeline. Now, they have to go through that process. The fact is, they
have stated in the 1251 report that they are going to replace the Ohio
class submarine when it commences scheduled retirement in 2027. I do
not think President Obama is going to be there in 2027, unless there is
some extraordinary transition in America. So this goes way beyond this
administration in terms of a decision and in terms of a Congress. The
Navy is going to sustain the existing Trident II through at least 2042.
That is on the books right now with the robust life extension program.
The current Minuteman life extension program will keep the fleet in
service through 2030. And DOD has already begun the preparatory studies
on replacement options, which will begin in 2012. And the soon-to-be-
completed long-range bomber issue the Senator just raised is only on
what type of new bomber is needed, not whether there will be a new
bomber.
So the future Congresses and future administrations are really going
to make this decision. So to suggest that somehow the Obama
administration can right now have this treaty held accountable to
decisions where every one of those delivery platforms is going to be in
existence well beyond the life and public service of any of us here I
think is a completely inappropriate standard.
I would ask my colleague, why a 2027 date and a 2042 date and a 2030
date and a commitment to a bomber, even though they do not know what
kind of bomber, why that is not satisfactory?
Mr. KYL. Let me answer a question with a question.
First of all, given the fact that I think we are taking 30-minute
segments each and we are having a debate here, can we agree that we
will debate until 7 o'clock, and you can have half the time and I will
have half the time? Either that or I am going to have to quit yielding
to make my points.
Mr. KERRY. No, no, no. I appreciate that. And the Senator is always
good about engaging in this.
Mr. KYL. And I am happy to do it either way.
Mr. KERRY. I just think it is important to get it out. I do not need
that time. I think it is important. I want Senator Kyl to have his
time--
Mr. KYL. Let me respond to this question.
Mr. KERRY. And I will not interrupt him, but I wanted to try to see
if we could not engage a little in what the Senate does, which is
debate.
Mr. KYL. Mr. President, first of all, this is the kind of engagement
we need on this treaty and on so many other issues in this body. Too
many times it is a Senator coming down and giving a speech, and half of
us or more are not listening. And this kind of colloquy can develop
more useful material for our colleagues and for the record than
anything else. So I am very happy to engage in it. I just want to make
sure I do not run out of my time with my colleague's questions.
But here is how it relates, and here is the importance.
We are being told that even though the delivery systems--and
remember, this treaty deals with warheads and delivery systems. Let's
leave the warheads off to the side for a moment. The delivery systems--
which are the submarines with their missiles, the long-range bombers,
with cruise missiles in some cases, and our ICBM force and the Russian
counterparts--those delivery systems are constrained in this treaty.
The numbers are brought down to 700 deployable systems. So the question
we have asked, naturally enough is, Is that enough? Will that work to
cover all of the targets we need to cover?
I talked this morning about--and the answer to that question depends
in part on what our future plans are because--take the B-52. Most of
the pilots who are flying B-52s--I think we are two generations beyond
the time these B-52s were built. These are old, aging aircraft. And
everybody realizes even the B-1s and to some extent the B-2s need to be
replaced. So the decisions to do that need to be made very soon.
Whether 700 is a good number will depend on whether we have an
adequate triad to deliver these weapons when the time comes. So
naturally we ask the question, What is our triad going to look like? It
is true that some of these systems--the new systems that replace what
we currently have--will not be available until outside the 10-year
limit of the treaty.
But it is also true that every one takes an inordinate amount of
time. How do they take so much time? I don't know. It seems as though
in World War II we had all kinds of weapons systems come together to be
built and fight the war and it is over in 5 or 6 years, but nowadays it
takes 5 or 6 years just to get something ready to go, and then it takes
them that long to deploy. So these are long timeframes for development
and deployment.
It is true the Navy has already made the basic decision for the
submarine, but I haven't mentioned the Navy. That is not my concern.
But my concern is the IBM force and the bomber force.
I will leave the point with this: What is troubling to me is that on
the bomber force, our administration is unwilling to commit we will
have a bomber triad nuclear capable. That is an important decision,
because if we are talking about 700 delivery vehicles that will not
include nuclear-capable bombers, I have a problem. The reason is,
because when you get briefed on how we are going to deliver these
weapons if, God forbid, they ever have to be delivered or how we are
going to deal with a potential Russian breakout, for example, or how we
are going to deal with a problem if, let's say, we have an issue with
one of our submarine or ICBM components to the triad, if we don't have
a bomb-carrying or cruise missile-carrying nuclear capability with our
bombers, then it is quite obvious the viability of our triad is
implicated.
So we have to know these things. It is not some esoteric question. We
are talking about delivery systems being brought down to 700 and is
that too low. It is not too low if we have a very viable triad, but it
becomes too low if our triad is not viable.
In the time remaining, let me talk about missile defense. This is
something a lot of my colleagues have talked about. It is kind of core
to the concerns a lot of us have with the treaty and, frankly, my
ultimate support or not will depend, to some extent, on how we resolve
this issue, whether it is by amendment to the preamble or the treaty or
the resolution of the ratification or a combination of things. But,
clearly, this treaty implicates U.S. missile defense, and that is
wrong.
One of the chief achievements of the Bush administration was to
finally decouple missile defense and strategic offensive weapons and
the treaties that deal with strategic offensive weapons. It was
somewhat limited in the START treaty, but in the Moscow Treaty of 2002
we said: We are going to reduce our weapons. If the Russians want to do
the same, that is fine with us. We don't need a treaty to deal with
that. The Russians essentially said: We want a treaty, and we want you
to limit your missile defenses. We said no, and they eventually
relented and said OK.
I have spoken with Secretary Rice and Under Secretary Feith and other
people in the administration who count it as one of their achievements,
the fact that we finally decoupled those two issues. In this treaty,
they are right back together again and in a way that is inimicable to
other defenses by the United States. That is what I want to focus on.
We don't think there should be any limitations on U.S. missile defense.
Yet the New START treaty not only contains specific limitations, though
we were told there wouldn't be any, but it also reestablishes this
unwise linkage I talked about in the preamble.
[[Page S10378]]
Let me quote three things that Under Secretary Tauscher said as of
March 29 of this year:
The treaty does nothing to constrain missile defense . . .
this treaty is about strategic weapons. There is no limit on
what the United States can do with its missile defense
systems.
The third quote:
There are no constraints to missile defense.
Those three statements are not true because it turns out there are
limitations and constraints specifically in the treaty. Article V,
section 3 specifically constrains a particular kind of missile defense,
the United States using a strategic offensive silo, for example, to use
for defense. We have done that before. Our current plans are not to do
it again because it is expensive. We might not do it in the future.
This administration says it doesn't want to, but it is certainly
constraining. How can you say those three statements by Under Secretary
Tauscher are true? They are false. The administration simply says:
Well, yes, there are limits, but we don't intend to do that anyway, so
it is kind of a theoretical limit.
Well, in the first place, why is there a limitation on any missile
defense capability in this treaty? We thought this was about, as
Secretary Tauscher said, strategic weapons. Well, it turns out the
Russians, of course, want to make it also about missile defense. One
way they make it about missile defense is by article V, section 3 or
paragraph 3, specifically constraining a particular way we would
develop missile defense.
That is what we object to, that linkage. Why is that important?
Because the Russians have always wanted to limit U.S. missile defenses,
and this now gets the foot in the door for them to argue that under the
treaty, they would have a right to withdraw if we improve our missile
defenses. That gets to the real issue, and that is the preamble to the
treaty.
I wish to quote from Richard Perle and Ed Meese, both of whom served
in the Reagan administration. Richard Perle was with President Reagan
at Reykjavik, a seminal moment in arms control history and for the
Reagan administration. It was a time when President Reagan decided
missile defenses for the United States were so important that he would
walk away from a major strategic offensive weapon proposal that had
been made to him by President Gorbachev. Here is what they write:
With this unfortunate paragraph, New START returns to the
old Cold War `balance of terror' and assumes that attempts to
defend the U.S. and its allies with missile defenses against
strategic attack are threatening to Russia and thus
destabilizing. Limiting missile defenses to preserve U.S.
vulnerability to Russian strategic nuclear strikes (as
defined by the Russians) will result in less effective
defenses against any and all countries, including Iran and
North Korea.
That is the problem.
How does that problem arise? Because of the language in the preamble.
This is the language followed by two signing statements from Russia and
the United States that define the intentions of the two countries with
respect to this issue of missile defense. Here is what the preamble
states:
The current strategic defensive arms do not undermine the
viability and effectiveness of the strategic arms of the
parties.
That is what it says, in part.
Quote:
Current strategic defensive arms do not undermine the
viability and effectiveness of the strategic arms of the
parties.
``Current,'' that is new language. That was not in the START I
treaty. So what they are doing is defining the current systems. Why is
that important? Because later they talk about any additions that would
qualitatively or quantitatively improve our system would allow the
Russians to withdraw.
Here is what--well, let me just make one point before I quote that.
The administration says the preamble is not important because you can
always walk away from a treaty, and even though the Russians say this
preamble language gives them the right to walk away from the treaty,
they can do it anyway, so what is the big deal?
Well, you can't just do it on a whim. We agree that if there is a
matter that is so important to either country that it constitutes an
exceptional circumstance referred to in article XIV which is the
withdraw clause, then a party could withdraw. So, yes, it is true, that
either party can define anything as an exceptional circumstance and
therefore withdraw, but that is bad faith and it clearly is something
that would be very difficult for a country to do, unless a country had
built into the treaty the very excuse that they are talking about as
grounds for leaving the treaty. What would that extraordinary event be?
Well, it would be the improvement of U.S. missile defense systems.
Here is what Foreign Minister Lavrov said on March 28:
[T]he treaty and all obligations it contains are valid only
within the context of the levels which are now present in the
sphere of strategic defensive systems.
That is their position. That is their legal position. That is what
they mean by ``current'' in the preamble. The reason that legal opinion
is important is because the United States does intend--if you believe
Secretary Gates and I certainly do--does intend to develop missile
defense capabilities that could qualitatively advance our protection
against a missile coming from Russia. It is not necessarily designed
for that purpose. It may be designed to thwart an ICBM from Iran or
from North Korea, but it has that capability and the Russians can
easily define it as such.
Here is the Russian legal opinion:
The treaty between the Russian Federation and the United
States of America on the reduction and limitation of
strategic offensive arms signed in Prague on April 8, 2010,
can operate and be viable only if the United States of
America refrains from developing its missile defense
capabilities, quantitatively or qualitatively.
Well, we will develop our missile defense capabilities quantitatively
and certainly qualitatively. That is what the phased adaptive approach
Secretary Gates has announced is all about: a qualitative improvement
of our missile defense capabilities. So how would the Russians treat
that? Their statement, their signing statement, signed at the time that
the treaty was signed, says the exceptional circumstances referred to
in article XIV, the withdrawal clause of the treaty, include increasing
the capabilities of the U.S. missile defense system in such a way that
threatens the potential of the strategic nuclear forces of the Russian
Federation.
That is why this preamble is so important. They treat it as the legal
basis for their withdrawal if we improve our missile defenses
qualitatively, which we most certainly will, and potentially
quantitatively.
They have already built this into the record. From my point of view
and a lot of my colleagues, this can only be read as an attempt to
exert political pressure on the United States to forestall continued
development and deployment of our missile defenses, and there is
evidence it has already worked. First of all, we have pulled back from
the deployment of the ground-based interceptor system that the Bush
administration had developed and was prepared to deploy in Poland with
the radars associated in Czechoslovakia, and we have also said now that
with respect to our NATO deployment of the so-called phased adaptive
approach, the first three phases will be deployed, but the fourth
phase, the one that is most effective against an ICBM coming from long
range, which could include a country such as Russia, is available--not
deployed but available--by 2020.
Instead of having a firm rebuttal in response to what the Russians
said in the preamble and in their signing statement accompanying the
signing of the treaty, what was our response? It was not a firm
rebuttal. We didn't say: No, that is not correct. That is not our
understanding. That is not what we did, even though we had done that,
by the way, with the START treaty. We pushed back very firmly on the
Russians' signing statement. But instead, the State Department response
to the Russian unilateral statement is as follows:
The United States of America takes note of the statement on
missile defense by the Russian Federation. Defense. The
United States missile defense systems are not intended to
affect the strategic balance with Russia. The United States
missile defense systems would be employed to defend the
United States against limited missile launches, and to defend
its deployed forces, allies and partners against regional
threats. The United States intends to continue improving and
deploying its missile defense systems in order to defend
itself against limited attack and as part of our
collaborative
[[Page S10379]]
approach to strengthening stability in key regions.
In other words, don't worry, Russia. We are not going to develop
missile defenses that could thwart your strategic offensive
capabilities. We are only developing missile defenses that would be
effective against regional threats, against limited missile launches,
against limited attack.
So it appears to me that while the Russians have built into this
treaty and into the preamble the perfect argument for withdrawal and
they have directly said it constitutes exceptional circumstances under
their interpretation of article XIV, the United States has not
responded with a negative but rather with a statement that says: Don't
worry.
Might I inquire, is the original 30 minutes which this side was
allotted consumed?
The PRESIDING OFFICER. The Senator from Arizona has no time
limitation right now because there is no one following.
Mr. KYL. Let me do this, since I do see Senator Casey on the floor,
and Senator Kerry may have something more to say. Let me try to sum up
what I am saying about missile defense, although there is much more to
talk about, and this will very definitely be the subject of maybe even
the first amendment that is offered on our side because there has been
such a cavalier attitude about this on the other side: We don't need
any amendments. We don't need any missile defenses. This is serious
business. You would never enter into a contract to buy a car or a
house, for example, with a degree of uncertainty or disagreement
between the parties as to what the terms mean. Think about this treaty.
This is a very serious proposition that starts with a fundamental
disagreement between the parties and clearly could create enormous
complications in our relationships in the future.
If I could just finish this point. Instead of creating a more stable
relationship, a relationship built on the reset, a relationship which
is built on very clear, transparent views of things on how we are
moving forward together, built into this treaty is an inherent conflict
that can cause nothing but trouble in the future unless the United
States says: Fine. We will not develop any missile defenses that could
conceivably be effective against Russia, which then means that they
couldn't be effective against an ICBM from Iran or an ICBM from Korea.
This is the dilemma presented by this treaty and its preamble terms.
This is what causes us such great concern. I am happy at this point to
yield to my colleague, and if he would like to engage in a colloquy,
that would be fine.
Mr. KERRY. Mr. President, I thank the Senator from Arizona. I want to
take a moment, though, to address this point he made--I think it is
central--and then we can talk about it. Then I want to give Senator
Casey an opportunity to speak.
I say to my colleague from Arizona that a lot of us are scratching
our heads trying to figure out what we have to do to get the Senator
from Arizona to accept yes for an answer--yes on modernization, yes on
our willingness to go forward and build a missile defense.
It has been said again and again and again by the highest officials
of our government--and I think the President will make some further
statement about this, hopefully, within the next hours or the next
day--that can indicate the absolute total commitment to proceed forward
and the irrelevance of what the Senator is referring to in the context
of a statement that is not within the four corners of the agreement,
that has no legal binding authority at all--none.
Don't accept my word for it. Secretary of Defense Robert Gates, whom
I know the Senator respects enormously, said the following on May 25:
So you know the Russians can say what they want. But as
Secretary Clinton said, these unilateral statements are
totally outside the treaty, and they have no standing. They
are not binding. They never have been.
That is one statement.
LTG Patrick O'Reilly is the Director of the Missile Defense Agency.
He testified on June 16, and this is a yes:
I have briefed the Russian officials in Moscow, a rather
large group of them, in October of 2009. I went through all 4
phases of the phased adaptive approach, especially phase 4.
And while the missiles that we have selected, as far as the
interceptors in phase 4, as Dr. Miller says, provide a very
effective defense for a regional-type threat, they are not of
the size that have a long-range to be able to reach strategic
missile fields.
He says:
It's a very verifiable property of these missiles, given
their size, and so forth. It was not a very controversial
topic of the fact that a missile given the size of the
payload, could not reach their strategic fields. I have
briefed the Russians personally in Moscow on every aspect of
our missile defense development. I believe they understand
what it is and that those plans for development are not
limited by this treaty.
So in the treaty ratification resolution--here I will make the
Senator from Arizona happy, but I will also not please him. The happy
part: If we want to be purely technical and sort of be kind of literal
as to technical writing of some particular thing, can we say that
article V has a limitation on strategic defense? Yes, in the most
limited technical way we can say there is a limitation. The limitation
is that we can't take intercontinental ballistic missile silos, other
than the four already grandfathered--the new ones--and convert them
into an interceptor missile silo.
In that sense, we have limited something, but have we limited missile
defense? As we think about it in its larger strategic context, the
answer is, no, not one iota. Why? Because those particular silos cost
more money, and in a deficit-conscious age, where we are trying to cut
spending, it is a heck-of-a-lot smarter to dig a new hole, build a new
silo that is more effective, more efficient, less costly, and does the
same thing. That is our plan.
So there is no limitation on the ability to actually deploy missile
defense. So if we want to play a technical game on the floor and run
away and say: Oh, there is a limitation here; that is terrible, well,
you can do that, but it doesn't make sense. It doesn't actually limit
the plans of this administration to go forward with real missile
defense and with a system that allows us to intercept missiles fired
from a silo in a missile field in the United States.
What is more, if we do convert those other silos, we don't have a
mechanism for determining what kind of missile is coming out of there.
Is it an ICBM or an interceptor? What happens if we are firing one of
those missiles to intercept a rogue missile from North Korea or
wherever, and the Russians happen to misinterpret it and they don't
know what it is--there is no plan or anything that says we can do that.
In fact, we are safer, given the way the administration has decided
to deploy this. Here is what the resolution of ratification says: It
says in understanding No. 1, missile defense--and this is what we will
vote on. It says it is the understanding of the United States that the
New START treaty does not impose any limitations on the deployment of
missile defenses other than the requirements of paragraph 3 of article
V that I just referred to about the silos that we don't want to do
anyway, which costs the American people more and will make us less
safe. We don't want to do that. So that is in there. That is all that
is in there.
It then goes on to say that this provision shall not apply to ICBM
launchers that were converted prior to the signature of the treaty.
Then paragraph (b) says any additional New START treaty limitation on
the deployment of missile defense, beyond that one I just referred to
that we are talking about, including any limitations that come out of
the Bilateral Consultative Commission, those would require an amendment
to the New START treaty which could only enter into force with the
advice and consent of the United States Senate. That is it. We have
control over whatever might happen beyond that one simple silo issue.
I respectfully suggest we ought to listen to the folks who are
telling us what they have accomplished. The Secretary of Defense said,
from the very beginning of this process more than 40 years ago, the
Russians have hated missile defense. It is because we can afford it and
they can't; and we are going to be able to build a good one and are
building a good one, and they probably aren't. They don't want to
devote the resources to it, so they try to stop us from doing it
through political means.
This treaty doesn't accomplish that for them. That is what Secretary
Gates has said. This treaty doesn't accomplish it. I believe Secretary
of Defense
[[Page S10380]]
Gates. I believe GEN Patrick O'Reilly, who serves our country with one
purpose. He is not a member of a party or here for politics. He
believes he is defending the Nation. He says he told the Russians in
full that we are doing phase 4. We are going forward.
Finally, Secretary Clinton said to the Foreign Relations Committee
that the Obama administration has consistently informed Russia that,
while we seek to establish a framework for U.S.-Russian BMD
cooperation, the United States cannot agree to constrain or limit U.S.
BMD abilities operationally, numerically, qualitatively,
geographically, or in other ways. I don't know how much more ``yes''
you can have in statements.
One last thing with respect to the comment about how they can
withdraw: Mr. President, they can withdraw for any reason they want, at
any point in time, just by noticing us that they are going to do that.
Guess what. So can we. Both parties have the right to withdraw. So this
isn't some new component they can withdraw from. The point I make to my
colleague--and he is very intelligent and knows these issues very
well--the Senator from Arizona knows we can't unilaterally get another
country to change its perception of how they may feel threatened. That
is what drove the arms race for 50 years.
If the United States of America has an ability to knock down their
missiles that they think defend them, and all of a sudden they no
longer believe those missiles can defend them because we can knock them
down, what do you think they are going to do? They are going to scratch
their heads and say: Wow, we ought to develop some method to guarantee
that they can't knock them down, or that we have enough of them so that
we can overwhelm whatever system they have that knocks them down.
We went through this with President Reagan, and we have spent
billions trying to pursue this. We understand that.
The fact is, they are just stating a truism. Those are not my words;
those are Dr. Henry Kissinger's words, who said all the preamble does
is acknowledge that they believe there is a connection. We have stated
simultaneously that we don't care if they believe there is a
connection. We stated that. Secretary Clinton stated it, Secretary
Gates stated it, and the President has said we are going forward with
our phase 4.
Now, it is not connected. There is no legal, binding connection
whatsoever in this treaty. This treaty does not constrain America's
capacity to develop a robust, qualitatively superior, improved system.
If we do, we are going to make a decision, when we deploy it, to accept
whatever consequences come with whatever shape and form we do deploy.
But there is no restraint on our ability to do it.
In fact, my colleagues on the other side of the aisle ought to be
leaping at this opportunity because it, in effect, codifies America's
intent and codifies our independence and capacity to go off and do what
we are going to do. I wish I could get the Senator from Arizona to
accept yes.
Mr. KYL. I have a brief response. There are concerns by a lot of
colleagues on my side of the aisle, so it is not just a matter of
satisfying John Kyl. Let's understand that. I would be happy to take
yes for an answer--if that were the answer.
My colleague confuses two things. First, the preamble has been agreed
to by both parties. This is not just a Russian statement of intent. The
preamble is part of the treaty that we have agreed to. For the first
time, it connects missile defense with strategic offensive limitations
by saying the current strategic defensive arms do not undermine the
viability and effectiveness of the strategic arms of the parties.
Secondly, my colleague says it is a technical argument that the
treaty otherwise constrains missile defenses. It is more than a
technical argument. It specifically does--and there was no place in
this treaty for any limitation on missile defenses or how important or
unimportant they are. Why would the Russians insist on putting that in
there except to establish the beachhead? The point is that, yes, a
strategic arms control treaty will deal with missile defense. It does,
and the preamble does too by linking the two.
Why is this important? There is not a technical statement in the
treaty that says the United States will limit its missile defenses.
That is true. But because the Russians interpret the extraordinary
events--the technical term under article IV that would permit a country
to withdraw--as specifically including the U.S. development of missile
defenses that are qualitatively better than we have now, better than
current policy, because that is their interpretation, whether or not we
agree with that interpretation, we have created a dichotomy between the
two parties to a very important contract. They interpret it one way and
we interpret it another. What will the inevitable result be?
Disagreement between our countries about a fundamental point, one
which, according to the Russians, will require them to engage in a new
round of the arms race that will begin, according to President
Medvedev.
They are saying: If you don't agree with this, under the
circumstances we are going to engage in another round of strategic
offense weapon building.
What we on our side are concerned about is that President Obama, who
has already backed off the deployment of the GBI system, which was the
most robust American missile defense system, and has qualified, it
appears, the deployment of the fourth phase of the phased adaptive
approach, and who other people in the administration speak in terms of
that--I am talking about the State Department and our signing
statement--they suggest we would only develop a missile defense against
a limited or regional threat.
Those are reasons to believe this position of Russia is already
working to cause the United States to back away from what would have
otherwise been a much more robust development of missile defenses to
protect the people of the United States.
So that is the argument we are making. We can say that, technically,
anybody can withdraw from the treaty all they want to and the preamble
doesn't mean anything or so on. Well, it appears to have already had a
significant meaning within this administration is the point we are
trying to make.
Mr. KERRY. Well, Mr. President, I want the Senator from Pennsylvania
to be able to have his chance, and we are running out of time, but I
disagree with the Senator with respect to the judgment he has made with
regard to what it does or does not do, and we will have an opportunity
to be able to further discuss that component of it.
But let me remind the Senator of what Secretary Gates said this May.
He said, under the last administration as well as under this one, it
has been the U.S. policy not to build a missile defense that would
render useless Russia's nuclear capabilities. It has been a missile
defense intended to protect against rogue nations, such as North Korea
and Iran or countries that have very limited capabilities. He went on
to talk about the expense and capacity we have today.
We are going to continue to develop whatever the best system is we
are able to develop that could protect the United States of America. We
support that. The administration could not be more clear in its
determination to continue to do that, including phase IV. I will
submit, when we get time and come back, further statements and further
clarification to the Senator that hopefully can give him a comfort
level that there is no dichotomy, that we are proceeding forward, and
the Russians understand what we are doing.
We should not misinterpret. Preambles have historically incorporated
statements that one side or the other need for domestic consumption for
their politics. There is no misinterpretation here about where we are
headed, what we are committed to do, and I would think the recent
announcement by the administration in Lisbon and the embrace of this
effort through the European countries, our allies, would be strong
testimony to the direction we are moving with respect to this missile
defense.
We will continue this. I look forward to doing that with my
colleague. I thank him for his courtesy, and I look forward to further
discussion.
I yield the floor.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. CASEY. Mr. President, I am grateful for the work our chairman,
Chairman Kerry, has put into this
[[Page S10381]]
treaty over many months now--in fact, many years when you consider his
work as a member and now chair of the Foreign Relations Committee.
We are grateful for the debate we have just heard. These are
critically important issues we are talking about, and that is one of
the reasons why it is critically important we make sure the American
people know what the stakes are. Without ratification of this treaty,
we are, in fact, less safe than we should be. I think the American
people understand that. I also believe the American people want to make
sure that even upon ratification of this treaty, the New START treaty,
that in no way will our security be undermined as relates to our
nuclear arsenal. We can say, without qualification and without
hesitation, that ratification of the New START treaty doesn't in any
way undermine the safety, security and effectiveness and even the
reliability of our nuclear arsenal.
So these are critically important issues. We know there has been kind
of a side debate about time and timing. We know that in addition to all
the living Secretaries of State who have supported ratification, former
President George Herbert Walker Bush, Secretary Gates, and Admiral
Mullen, our leading national security team--but also I think the
American people--want to tell us in a very direct way that we are going
to continue to work up to and through the holidays, if that is
necessary, because I think a lot of Americans agree with what BG John
Adams recently said:
We have 150,000 United States warriors doing their job over
Christmas and the new year. The U.S. Senate should do its job
and ratify this treaty.
That is not a comment by a public official, that is from BG John
Adams.
We know similar treaties in the past have been overwhelmingly
bipartisan. I think when we finally get to the vote, this will be as
well, and there is evidence of that both in the Foreign Relations
Committee--a committee I am proud to be a member of, working with
Chairman Kerry on this treaty ratification and the work done in the
committee--but also we are seeing a lot of bipartisanship as well in
the Senate as we are discussing the eventual ratification.
I wished to talk about two or three issues but, first of all,
ratification as it relates to verification.
I think in our own lives, no matter who we are, when we are making an
important decision and we are reaching conclusions, we want proof. We
want information that is conclusive so we can make important decisions
in our own lives. The same is true, and certainly even more urgent,
when we are talking about nuclear weapons. When we talk about a treaty
that we are working to ratify, we are talking about a couple of basic
issues. One of them is verification.
What does verification mean? Well, it means that, for example, the
American people hope we have in place--and they know we will upon
ratification--a verification and tracking system that will give us the
assurance that will allow us to be secure in the knowledge we are going
to be able to do everything humanly possible to verify. The treaty
contemplates ways to do that, and there are four or five I will
mention.
First of all, invasive onsite inspections, as you would want in any
situation in your own life. You would want to make sure you can be
onsite. The problem right now is, we have gone all these months without
verification in place. So we want to have boots on the ground and
experts trained to verify what the situation is when they are reviewing
the Russian nuclear weapons.
Second, it allows us to use the wonders of American technology to
help us on this--the so-called national technical means.
Third, what is referred to as ``unique identifiers'' placed on each
weapon so you can track each weapon because of that identifier. That is
a critically important part of this.
The data exchanges between our two countries and certainly the prompt
notification of the movement of weapons.
This treaty permits up to 18 short-notice, onsite inspections each
year to determine the accuracy of Russia's data and to verify
compliance. We will talk more about that later.
But of course when the American people talk to us, they tell us they
expect us to get this right. They want to make sure there is a very
strong verification structure in place as we go forward. Without
ratification, we would not have that verification in place, and I think
a lot of people in the country expect us to ratify for that reason
alone, in addition to the other reasons.
We had a good debate today about missile defense--a second issue I
will address--and I know we are short on time, but the Senate Foreign
Relations Committee made it absolutely clear in the resolution of
ratification of the treaty that the treaty itself would not constrain
missile defense. Two understandings within that--understandings No. 1
and No. 2--as well as declarations No. 1 and No. 2 specifically address
and reiterate the U.S. commitment to developing and deploying missile
defenses.
Nothing in this treaty will prevent us from having a safe, secure,
and reliable nuclear arsenal and nothing will constrain our ability to
have missile defense. In fact, as Chairman Kerry noted--and it is
important to repeat this--the committee's resolution that brought the
treaty to the floor goes to great lengths to reaffirm and further
clarify the treaty's preamble, and Russia's unilateral statement
imposes no limits on our ability to develop and deploy these missile
defense systems.
I would note also, in connection with missile defense, that our
military and civilian leaders--the ones who have studied the treaty,
who have vast experience with national security and, in fact,
experience with nuclear weapons treaties of the past--have stated that
neither the language in the preamble referencing any interrelationship
between strategic offensive and defensive forces nor this unilateral
statement by the Russians places legally binding obligations on the
United States.
In fact, that summary of their position appeared in the Wall Street
Journal on April 20, 2010. So that is not just a statement by people on
this floor, it is cited in the Wall Street Journal.
I think when you step back from this, especially on missile defense,
in order to reach the conclusion that some have reached and the
determination they have made against the treaty--I guess on missile
defense grounds alone--you would have to believe it is a logical
conclusion that Secretary Gates doesn't seem to be too concerned about
missile defense. But apparently he is, and he has spoken to this. You
would have to conclude Admiral Mullen, who has said we should ratify
this, hasn't made a determination about missile defense. I think he has
and I think that is why we can rely upon that support and certainly the
support of the Missile Defense Agency Director, LTG Patrick O'Reilly,
someone whose job it is to be concerned about this and someone who has
experience with and involvement in what missile defense means and what
it means to our security.
So I think there is ample evidence and ample testimony on the record
before our committee and otherwise that indicates in no way does this
treaty constrain our ability to develop and deploy missile defense.
I know we are short on time, and I will wrap up, and I will have more
to say as we go forward. But when you consider the implications for our
security that this treaty involves and also think in a larger sense in
terms of how people view this debate in Washington, there are a lot of
people who are concerned about our economy. They are concerned about
their own jobs and concerned about their own family's economic or
financial security. That is a chief source of their anxiety. But I
think they also worry about our national defense. They are worried
about terrorism and they are worried about attacks and they are worried
about national security and their own security. We need to give them
assurances that at least as it relates to nuclear weapons pointed at
the American people, that we are taking a significant step here--a
historic step--that will ensure we have both a safe, secure, and
effective nuclear arsenal to go at any nation that would cause us harm,
but at the same time we are taking steps to reduce nuclear weapons
across the world to make us, in fact, safer.
We all believe this. Both sides of the aisle believe this. We want a
strong national defense and we want to be safe. What we have to do in
the next couple days--after thousands and thousands of questions being
asked of and answered
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by the administration, after 15 or so hearings just in the Foreign
Relations Committee, after months and months of debate, months and
months of testimony, after all that--is complete our work. We have to
ratify this treaty, give the American people some peace of mind in this
holiday season that our defense is strong, that our nuclear arsenal is
strong, and that we can come together and ratify a treaty that has been
endorsed across the board by experts in national defense, people who
care deeply about our security.
Mr. LEAHY. Mr. President, I support the New Strategic Arms Reduction
Treaty, also called the New START Treaty. New START, if ratified, will
have several major and positive impacts on our national security and on
global nonproliferation. I must express my deep disappointment that the
Senate has not yet ratified this treaty, and I join my friends Chairman
Kerry and Senator Lugar in appealing to all Senators for their
cooperation and support in ratifying this treaty. The New START treaty
is the right move for our country and for our world.
New START builds on a long history of strategic nuclear arms treaties
between the United States and Russia and Russia's predecessor, the
Soviet Union. Beginning with the Strategic Arms Limitation Talks
ratified in 1972, we have entered into three strategic arms control
treaties with the Soviet Union and Russia. This number does not include
START II, which was ratified by the Senate in 1996 but never entered
into force due to subsequent treaty mandates from the Russian Duma. The
most recent arms control treaty, the Strategic Offensive Reductions
Treaty, or SORT, was ratified unanimously in March 2003.
Unfortunately, both the SALT and original START treaties have
expired, with START concluding last December. The expiration of these
treaties means that the United States presently has no fully
implemented arms control treaty governing the nuclear weapons
stockpiles of the United States and Russia. This circumstance is
dangerous to our national security and needs to be rectified as soon as
possible.
I am not alone in holding that position. A bevy of experts have
strongly urged support for the New START treaty, from all points on the
political spectrum. Every senior leader and expert in the current
administration supports the quick ratification of New START, from
Secretaries Gates and Clinton to a whole range of uniformed leaders
such as Admiral Mullen, the Chairman of the Joint Chiefs; General
O'Reilly, the Director of the Missile Defense Agency; and General
Klotz, the Commander of the Air Force Global Strike Command. General
Klotz is joined by many of his predecessors who commanded the Strategic
Command and Strategic Air Command, including General Welch, General
Chain, General Butler, Admiral Ellis, General Davis, and more. Former
Secretaries of Defense have come out in support of New START, including
James Schlesinger, William Perry, Frank Carlucci, and Harold Brown.
Former Secretaries of State of both parties are also advocating Senate
ratification: Colin Powell, Madeleine Albright, George Shultz, James
Baker, and Henry Kissinger. The list of distinguished, trusted and
experienced advocates goes on and on, reading like a ``Who's Who'' of
the U.S. diplomatic and military communities.
One of the biggest reasons why so many experts are arguing for
ratification of this treaty is because it will do a great deal to
control Russian nuclear arms and resume verifiable inspections. New
START would reduce Russia's deployment of strategic nuclear warheads by
about 25 percent. U.S. inspectors have not held an inspection of
Russia's nuclear arsenal for a year; New START would resume
inspections. Specifically, U.S. inspectors will have 18 annual
inspections of Russian delivery vehicles and warheads. No previous
treaty has allowed direct U.S. monitoring of Russian warheads for
verification purposes. In fact, the close perspective that U.S.
inspections would allow under this treaty will eliminate the need to
share information about missile flight testing since that information,
also called telemetry, was used to determine the number of warheads
that a missile carried. New START will let us determine that by
counting the warheads themselves, not by evaluating missile flight
data. Secretary Gates has confirmed that New START is sufficiently
verifiable that the United States could determine if Russia made any
attempts to cheat on our break out of the treaty.
Perhaps one of the greatest benefits of New START is its contribution
to global nonproliferation, which all of us can agree would be strongly
beneficial to our national security interests. The United States will
never convince other states to forgo a nuclear program if we do not
show our own commitment to ending the nuclear scourge. More
importantly, we will not be able to reach agreement with our partners
about punitive nonproliferation measures without ratifying New START.
It is difficult to discuss this subject without raising the issue of
Iran's nuclear program. Today the international community has put in
place deservedly harsh sanctions against Iran's governing regime. These
sanctions are so tough that Kenneth Pollack quotes former Iranian
President Ayatollah Rafsanjani as calling them ``no joke'' and warning
``that [Iran's] situation is dire.'' These sanctions required patient
international cooperation that cannot survive American preventive
attacks. And without sanctions we should give up any hope of ending
Iran's nuclear program.
Instead, we must continue to isolate Iran by garnering international
support for further escalating sanctions. The United States, not Iran,
is the indispensable nation, and to gather support for punitive non-
proliferation we must lead by example. New START demonstrates our
commitment to limiting the threat of nuclear weapons--even those in our
own arsenal. And it bolsters our further requests to other countries to
squeeze Iran in ways that the ayatollahs cannot tolerate.
Even while New START will renew our leadership in nuclear
nonproliferation, the treaty reserves our right to pursue missile
defense options and maintain an effective nuclear deterrent. A nuclear
weapon in the hands of a terrorist is extremely unlikely to arrive on
the tip of a missile. Even so, the most ardent supporters of spending
billions more on strategic missile defense must acknowledge that New
START's provisions were so well negotiated as to bar limitations on
American defensive technologies. Similarly, the treaty will not prevent
us from deterring other nuclear powers. New START allows the United
States to maintain a highly credible deterrent.
Expansive and unchecked Russian and American nuclear arsenals are
dangerous, expensive, and unnecessary. Eliminating the threat of stolen
or illegally purchased nuclear weapons must be among the very gravest
threats that the United States faces today. New START will help us
diminish and contain that threat. At a time when leaders of both
parties are seeking ways to cut the budget deficit, our nuclear program
seems like an unnecessary and burdensome vestige of the Cold War. It is
difficult if not impossible to credibly argue today that the massive
nuclear arsenal we built to deter the Soviet Union serves our needs in
today's changed world, where terrorism and the support of terrorism
loom so large as threats to our security.
The time has come to do the right thing for the right reasons. Both
parties should cooperate, as we have in the past, on issues that will
make our country safer. No one should doubt that the New START treaty
will do exactly that. Especially on an issue so vitally important to
our security, and to the security of our children and grandchildren,
the American people want and deserve a fair and straightforward debate.
Partisan point-scoring should be checked at the door. Let us vote to
ratify New START.
Mr. REID. Mr. President, we have done a lot of important work this
year. We have reformed our health care system to give families more
options and more control. We have brought accountability to Wall
Street; and reigned in the reckless behavior that led to the economic
crisis. We have given relief to millions of Americans hurting because
of the economy. Now, it is time for us to protect the national security
of the United States.
First of all I want to say that I was pleased that we were able to
move forward and start debate on the treaty today. I hope we can
continue to have a process that allows for real discussion and debate.
[[Page S10383]]
This treaty is critical to the national security of the United
States. We know that one of the greatest security threats America faces
is a nuclear weapon in the hands of a terrorist. A nuclear-armed
terrorist would not be constrained by doctrines of deterrence or
mutually assured destruction but could attack and destroy one of our
cities without warning. By ratifying this treaty, we can help stop that
tragedy from happening.
This treaty would secure nuclear stockpiles by taking nearly 1,500
U.S. and Russian nuclear weapons--weapons that now sit pointed at
cities like Washington and Moscow, Chicago and St. Petersburg--and put
them on ice. It has been more than a year since American inspectors
were on the ground monitoring the Russian nuclear weapons arsenal. It
is critical that we ratify this treaty so we can get that window into
exactly what the Russians are, or are not, doing.
This treaty preserves a strong U.S. nuclear arsenal. As treaty
negotiations were underway, U.S. Military leaders provided analysis and
determined the number of nuclear weapons we needed to retain to keep us
safe here at home.
With the United States and Russia controlling over 90 percent of the
world's nuclear weapons, we need the stability and transparency this
treaty would provide.
We aren't ratifying this treaty because we want to be Russia's best
friend. But we do need to work together with Russia to stop the most
dangerous nuclear threats from around the world, including Iran and
North Korea.
By ratifying the START treaty, we will increase our ability to work
with other countries to reduce nuclear weapons around the world and to
make sure that those weapons are kept safe and secure.
Given the obvious advantages of this treaty to our national security,
I hope we will be able to continue this institution's tradition of
bipartisan support for arms control. The START treaty builds on a long
history of bipartisan support for treaties which limit the strategic
offensive weapons of the United States and Russia.
The Senate, as well, has a long history of broad bipartisan support
for these types of treaties.
Continuing that tradition, the Senate Foreign Relations Committee
overwhelmingly approved the resolution of ratification of the START
treaty with a bipartisan vote of 14 to 4.
The U.S. military leadership unanimously supports the treaty, and
Secretary of Defense Robert Gates and Chairman of the Joint Chiefs of
Staff Admiral Mullen have spoken in favor of the treaty in their
testimony before the Senate.
Secretaries of State from the last five Republican Presidents support
the treaty because they know, in their words, the world is safer today
because of the decades-long effort to reduce its supply of nuclear
weapons.
A wide range of Republican and Democratic national security leaders
have come out in support of the treaty, including former President
George H.W. Bush, Colin L. Powell, Madeleine K. Albright, LTG Brent
Scowcroft, James Schlesinger, Stephen Hadley, Sam Senator Nunn, and
Senator John Warner.
As we enter this historic debate, we want to ensure that all voices
are heard. We plan to allow our Republican colleagues the opportunity
to express their views and concerns about the treaty and to have a
reasonable number of germane and relevant amendments.
Republicans have been included in the process from the beginning--the
resolution recommended by the Foreign Relations Committee that we will
debate was, at the urging of Senator Kerry, crafted by Senator Lugar to
reflect the views of Republican colleagues, and the Foreign Relations
Committee then adopted in its markup two additional Republican
amendments.
Senator Kyl raised legitimate concerns about the state of the U.S.
nuclear weapons complex, and the administration responded with a
commitment of $85 billion to upgrade that complex over the next 10
years.
But there is a difference between legitimate policy concerns and
those who simply wish to use procedural tricks to keep the treaty
moving forward.
We can easily complete this treaty with a reasonable amount of time,
as the Senate has in the past. We can continue our institution's long
history of bipartisan support for arms control. And we can take 1,500
nuclear weapons off their launchpads and make the future far safer for
the children of America and the world.
With that, I yield the floor.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KERRY. Mr. President, I think we have had a good opportunity
throughout today and yesterday to open some of the issues and give
colleagues a sense of what is in the treaty, the resolution of
ratification, and how it addresses many of the concerns. My hope is,
perhaps, as we go out of executive session and into legislative session
for a period of time, it will give some of us an opportunity to sit
down and work together to see if we can find some of the clarifications
that might resolve some of those issues for people.
Senator Lugar and I are both prepared to sit with our colleagues and
try to do that, and obviously we look forward to being able to get back
to begin the process of legislating on whatever understandings,
declarations, and clarifications Senators may have. I would ask my
colleagues to carefully read the resolution and look at the many places
in which rail-mobile missile defense and all these other issues have
been addressed by that resolution.
I see the hour of 7 has arrived, and I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. REID. I ask unanimous consent that the order for the quorum call
be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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