[Congressional Record Volume 156, Number 171 (Monday, December 20, 2010)]
[Senate]
[Pages S10818-S10824]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4892. Mr. KYL submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:

       At the end of condition (9) of subsection (a), of the 
     Resolution of Ratification add the following new 
     subparagraph:
       (C) Prior to the entry into force of the New START Treaty, 
     the President shall certify to the Senate that--
       (i) the President will submit on an annual basis the report 
     required under section 1251 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84);
       (ii) each such report will include, in addition to the 
     elements required under subsection (a)(2) of such section--
       (I) a detailed description of the plan to modernize and 
     maintain the delivery platforms for nuclear weapons; and
       (II) a detailed description of the steps taken to implement 
     the plan submitted in the previous year;
       (iii) in preparing each report, the President will consult 
     with the Secretary of Defense and with the Secretary of 
     Energy, who will consult with the directors of the nuclear 
     weapons enterprise facilities and laboratories, including the 
     Pantex Plant, the Nevada National Security Site, the Kansas 
     City Plant, the Savannah River Site, Y-12 National Security 
     Complex, Lawrence Livermore National Laboratory, Sandia 
     National Laboratories, and Los Alamos National Laboratory on 
     the implementation of and funding for the plans outlined 
     under subparagraphs (A) and (B) of subsection (a)(2) of such 
     section;
       (iv) the written judgments received from the directors of 
     the national nuclear weapons enterprise facilities and 
     laboratories pursuant to clause (iii) will be included, 
     unchanged, together with each report submitted under clause 
     (i).
       At the end of subsection (a), add the following:
       (11) Strategic nuclear delivery vehicles.--Prior to the 
     entry into force of the New START Treaty, the President shall 
     certify to the Senate that the President intends to--
       (A) modernize or replace the triad of strategic nuclear 
     delivery systems: a heavy bomber and air-launched cruise 
     missile, an ICBM, and an SSBN and SLBM; and
       (B) maintain the United States rocket motor industrial 
     base.
       (12) Design and funding of certain facilities.--Prior to 
     the entry into force of the New START Treaty, the President 
     shall certify to the Senate that the President intends to--
       (A) accelerate the design and engineering phase of the 
     Chemistry and Metallurgy Research Replacement (CMRR) building 
     and the Uranium Processing Facility (UPF); and
       (B) request full funding for the Chemistry and Metallurgy 
     Research Replacement building and the Uranium Processing 
     Facility upon completion of the design and engineering phase 
     for such facilities.
       At the end of subsection (b), add the following:
       (4) Modernization.--It is the understanding of the United 
     States that failure to fund the nuclear modernization plan 
     would constitute a basis for United States withdrawal from 
     the New START Treaty.
       At the end of subsection (c), add the following:
       (14) Modernization of warheads.--It is the sense of the 
     Senate that modernization of warheads must be undertaken on a 
     case-by-case basis using the full spectrum of life extension 
     options available based on the best technical advice of the 
     United States military and the national nuclear weapons 
     laboratories.
                                 ______
                                 
  SA 4893. Mr. KYL submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:

       At the end of subsection (a) of the Resolution of 
     Ratification, add the following:
       (11) Covers.--Prior to entry into force of the New START 
     Treaty, the President shall certify to the Senate that the 
     President has reached an agreement with the Government of the 
     Russian Federation on the non-use of covers by the Russian 
     Federation that tend to interfere with Type One inspections 
     and accurate warhead counting.
       (12) Telemetry.--Prior to entry into force of the New START 
     Treaty, the President shall certify to the Senate that the 
     United States has reached a legally-binding agreement with 
     the Russian Federation that each party to the Treaty is 
     obliged to provide the other full and unimpeded access to its 
     telemetry from all flight-test of strategic missiles limited 
     by the Treaty;
       (13) Telemetric exchanges on ballistic missiles deployed by 
     the russian federation.--Prior to the entry into force of the 
     New START Treaty, the President shall certify to the Senate 
     that the Russian Federation has agreed that it will not deny 
     telemetric exchanges on new ballistic missile systems it 
     deploys during the duration of the Treaty.
       At the end of subsection (b), add the following:
       (4) Type one inspections.--The United States would consider 
     as a violation of the deployed warhead limit in section 1(b) 
     of Article II of the Treaty and as a material breach of the 
     Treaty either of the following actions:
       (A) Any Type One inspection that revealed the Russian 
     Federation had deployed a number of warheads on any one 
     missile in excess of the number they declared for that 
     missile.
       (B) Any action by the Russian Federation that impedes the 
     ability of the United States to determine the number of 
     warheads deployed on any one missile prior to or during a 
     Type One inspection.
                                 ______
                                 
  SA 4894. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to Treaty Doc. 111-5, Treaty between the United States of 
America and the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive Arms, signed in Prague 
on April 8, 2010, with Protocol; which was ordered to lie on the table; 
as follows:

       In subsection (a) of the Resolution of Ratification, add at 
     the end of paragraph (9) the following:
       ``(C) Prior to the entry into force of the New START 
     Treaty, the President shall certify to the Senate that--
       ``(i) the President will submit on an annual basis the 
     report required under section 1251 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84);
       ``(ii) each such report will include, in addition to the 
     elements required under subsection (a)(2) of such section -
       ``(I) a detailed description of the plan to modernize and 
     maintain the delivery platforms for nuclear weapons; and
       ``(II) a detailed description of the steps taken to 
     implement the plan submitted in the previous year;
       ``(iii) in preparing each report, the President will 
     consult with the Secretary of Defense and with the Secretary 
     of Energy, who

[[Page S10819]]

     will consult with the directors of the nuclear weapons 
     enterprise facilities and laboratories, including the Pantex 
     Plant, the Nevada National Security Site, the Kansas Plant, 
     the Savannah River Site, Y-12 National Security Laboratory, 
     and the Sandia National Laboratory on the implementation of 
     and funding for the plans outlines under subparagraphs (A) 
     and (B) of subsection (a) (2) of such section; and
       ``(iv) the written judgments received from the directors of 
     the national nuclear weapons enterprise facilities and 
     laboratories pursuant to clause (iii) will be included, 
     unchanged, together with each report submitted under clause 
     (i).''.
                                 ______
                                 
  SA 4895. Mr. WICKER (for himself and Mr. Kyl) submitted an amendment 
intended to be proposed by him to Treaty Doc. 111-5, Treaty between the 
United States of America and the Russian Federation on Measures for the 
Further Reduction and Limitation of Strategic Offensive Arms, signed in 
Prague on April 8, 2010, with Protocol; which was ordered to lie on the 
table; as follows:

       At the end of subsection (b), of the Resolution of 
     Ratification add the following:
       (4) Bilateral consultative commission.--It is the 
     understanding of the United States that provisions adopted in 
     the Bilateral Consultative Commission that affect substantive 
     rights or obligations under the Treaty are those that create 
     new rights or obligations for the United States and must 
     therefore be submitted to the Senate for its advice and 
     consent.
                                 ______
                                 


 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

  SA 4896. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:

       In paragraph 2 of Article XIV of the Treaty, strike 
     ``remain in force for 10 years'' and insert ``remain in force 
     for 5 years''.
                                 ______
                                 


 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

  SA 4897. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:

       In Article XIII of the New START Treaty, strike the second 
     sentence and insert the following: ``The parties shall not 
     transfer strategic offensive arms subject to this Treaty to 
     third parties, components to make these arms, or the knowhow 
     to do such.''.
                                 ______
                                 


 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

  SA 4898. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:

       In paragraph 2 of Article XIV of the New START Treaty, 
     strike all after the second sentence.
                                 ______
                                 


 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

  SA 4899. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:

       At the end of subsection (c) of the Resolution of 
     Ratification, add the following:
       (14) Arms control treaty verification experiments.--It is 
     the sense of the Senate that the United States needs to 
     increase its numbers of arms control treaty verification 
     experiments as well as a robust series of scaled experiments 
     to ensure a reliable nuclear deterrent.
                                 ______
                                 


 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

  SA 4900. Mr. McCAIN (for himself and Mr. Corker) submitted an 
amendment intended to be proposed by him to Treaty Doc. 111-5, Treaty 
between the United States of America and the Russian Federation on 
Measures for the Further Reduction and Limitation of Strategic 
Offensive Arms, signed in Prague on April 8, 2010, with Protocol; which 
was ordered to lie on the table; as follows:



 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       At the end of subsection (a), of the Resolution of 
     Ratification add the following:
       (11) Missile defense.--(A) The United States shall--
       (i) fully deploy all four phases of the Phased Adaptive 
     Approach for missile defense in Europe, on schedule, if not 
     earlier, as outlined in the Department of Defense's Ballistic 
     Missile Defense Review Report dated February 2010;
       (ii) maintain the option as a technological and strategic 
     hedge to deploy the European Mid Course Radar and two stage 
     ground-based interceptors in a suitable location, consistent 
     with the agreement of United States allies; and
       (iii) continue modernization of the United States-based 
     ground-based midcourse defense system.
       (B) If the President determines that meeting the schedule 
     described in subparagraph (A)(i) is not feasible, the 
     President shall--
       (i) report to the Senate within 30 days as to the reasons 
     for any delay, provide a detailed plan to address any delays, 
     and issue a revised schedule; and
       (ii) submit an annual certification to the Senate that the 
     schedule remains valid.
       In subsection (b)(1), at the end of subparagraph (B), 
     strike ``United States; and'' and all that follows through 
     the end of subparagraph (C) and insert the following: 
     ``United States;
       (C) the April 7, 2010, unilateral statement by the Russian 
     Federation on missile defense does not impose a legal 
     obligation on the United States;
       (D) pursuant to the National Missile Defense Act of 1999 
     (Public Law 106-38), it is the policy of the United States to 
     deploy as soon as is technologically possible an effective 
     National Missile Defense system capable of defending the 
     territory of the United States against limited ballistic 
     missile attack (whether accidental, unauthorized, or 
     deliberate), and the United States deployment of ballistic 
     missile defense (BMD) systems, including all phases of the 
     Phased Adaptive Approach to missile defense in Europe and 
     programs to defend United States deployed forces, allies, and 
     partners against regional threats, is consistent with that 
     policy;
       (E) the Phased Adaptive Approach to missile defense in 
     Europe, as endorsed by President Barack Obama on September 
     17, 2009, and outlined in the Department of Defense's 
     Ballistic Missile Defense Review (BMDR) dated February 2010, 
     includes--
       (i) Phase 1, in 2011, which will provide defense against 
     the short and medium-range ballistic missile threat, using 
     Aegis BMD-capable ships with SM-3 block IA interceptors and 
     an AN/TPY-2 transportable radar deployed in Southern Europe;
       (ii) Phase 2, in 2015, which will provide defense for NATO 
     against short- and medium-range ballistic missile threats, by 
     deploying at least 24 SM-3 block IB missiles in Romania as 
     well as on Aegis BMD ships;
       (iii) Phase 3, in 2018, which will extend defense to all 
     NATO allies in Europe against short-, medium-, and 
     intermediate-range ballistic missile threats by deploying at 
     least 24 SM-3 block IIA missiles on land in Poland and 
     additional missiles at sea on Aegis BMD ships;
       (iv) Phase 4, not later than 2020, which will provide 
     defense for Europe and the United States using the SM-3 block 
     IIB interceptor, which will have an early intercept 
     capability against medium- and intermediate-range ballistic 
     missiles as well as potential ICBM threats, which will be 
     deployed at sites in Europe, including Poland; and
       (v) the continued improvement and modernization of the 
     United States ground-based midcourse defense system, which 
     includes two-stage interceptors that could be deployed in 
     Europe if the Iranian ICBM threat emerges before Phase 3 and 
     or 4 of the Phased Adaptive Approach is ready, and three 
     stage ground-based interceptors in the United States; and
       (F) while the United States cannot circumscribe the right 
     of the Russian Federation to withdraw from the New START 
     Treaty under paragraph 3 of Article XIV if the Russian 
     Federation believes its supreme interests are jeopardized, 
     the continued development and deployment of United States 
     missile defense systems worldwide during the period that the 
     New START Treaty is in effect, including qualitative and 
     quantitative improvements to such systems, will not be an 
     extraordinary event, but rather an anticipated event, fully 
     disclosed to the Russian Federation at the time of entry into 
     force of the New START Treaty.
       At the end of subsection (b), add the following:
       (4) Telemetric information on missile defense systems.--It 
     is the understanding of the United States that the United 
     States will not provide the Russian Federation any telemetric 
     information on its missile defense systems for the duration 
     of the New START Treaty.
                                 ______
                                 
  SA 4901. Mr. DeMINT submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:



 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       In paragraph 1. of Article II of the New START Treaty, 
     strike ``700, for deployed

[[Page S10820]]

     ICBMS, deployed SLBMs, and deployed heavy bombers'' and all 
     that follows through the period at the end and insert the 
     following: ``850, for deployed ICBMS, deployed SLBMs, and 
     deployed heavy bombers;
       (b) 1,550, for warheads on deployed ICBMs, warheads on 
     deployed SLBMs, and nuclear warheads counted for deployed 
     heavy bombers;
       (c) 1,000, for deployed and non-deployed ICBM launchers, 
     deployed and non-deployed SLBM launchers, and deployed and 
     non-deployed heavy bombers.
                                 ______
                                 
  SA 4902. Mr. DeMINT submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:



 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       In paragraph 3 of Article V of the New START Treaty, strike 
     ``For the purposes of counting toward'' and all that follows 
     through the period at the end and insert ``Each Party shall 
     not convert or use launchers of missile defense interceptors 
     for placement of ICBMs and SLBMs therein.''.

       In Part Three of the Protocol, add at the end of Section 
     III the following:
     (9) Conversion of an ICBM launcher to a missile defense 
     interceptor launcher shall be carried out using procedures 
     developed by the Party carrying out the conversion. Upon 
     completion of the conversion procedures and provision of 
     notification thereof, the Party receiving such notification 
     shall have the right, within a 30-day period beginning on the 
     date of provision of notification, to conduct an inspection 
     of the converted silo launcher. Upon the expiration of the 
     60-day period following provision of such notification or 
     upon the completion of the inspection, the silo launcher of 
     ICBMs shall cease to be subject to the Treaty.
                                 ______
                                 
  SA 4903. Mr. DeMINT submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:



 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       At the end of Article IV of the New START Treaty, add the 
     following:
     12. ICBMs shall not be deployed on bombers.
                                 ______
                                 
  SA 4904. Mr. CORKER submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; as follows:



 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       At the end of subsection (a) of the Resolution of 
     Ratification, add the following:
       (11) Effectiveness and viability of new start treaty and 
     united states missile defenses.--Prior to the entry into 
     force of the New START Treaty, the President shall certify to 
     the Senate, and shall communicate to the Russian Federation, 
     that it shall be the policy of the United States that the 
     continued development and deployment of United States missile 
     defense systems, including qualitative and quantitative 
     improvements to such systems, including all phases of the 
     Phased Adaptive Approach to missile defenses in Europe 
     maintaining the option to use Ground-Based Interceptors, do 
     not and will not threaten the strategic balance with the 
     Russian Federation. Consequently, while the United States 
     cannot circumscribe the sovereign rights of the Russian 
     Federation under paragraph 3 of Article XIV of the Treaty, 
     the continued improvement and deployment of United States 
     missile defense systems do not constitute a basis for 
     questioning the effectiveness and viability of the Treaty, 
     and therefore would not give rise to circumstances justifying 
     the withdrawal of the Russian Federation from the Treaty.
       At the end of subsection (b)(1)(C), strike ``United 
     States.'' and insert the following: ``United States; and
       (D) the eighth preambular clause of the New START Treaty 
     does not impose a legal obligation on the United States.
                                 ______
                                 
  SA 4905. Mr. CORKER submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:



 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       At the end of subsection (b)(1)(C) of the Resolution of 
     Ratification, strike ``United States.'' and insert the 
     following: ``United States; and
       (D) the eighth preambular clause of the New START Treaty 
     does not impose a legal obligation on the United States.
                                 ______
                                 
  SA 4906. Mr. CORKER submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:



 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       At the end of subsection (a) of the Resolution of 
     Ratification, add the following:
       (11) Effectiveness and viability of new start treaty and 
     united states missile defenses.--Prior to the entry into 
     force of the New START Treaty, the President shall certify to 
     the Senate, and shall communicate to the Russian Federation, 
     that it shall be the policy of the United States that the 
     continued development and deployment of United States missile 
     defense systems, including qualitative and quantitative 
     improvements to such systems, including all phases of the 
     Phased Adaptive Approach to missile defenses in Europe 
     maintaining the option to use Ground-Based Interceptors, do 
     not and will not threaten the strategic balance with the 
     Russian Federation. Consequently, while the United States 
     cannot circumscribe the sovereign rights of the Russian 
     Federation under paragraph 3 of Article XIV of the Treaty, 
     the continued improvement and deployment of United States 
     missile defense systems do not constitute a basis for 
     questioning the effectiveness and viability of the Treaty, 
     and therefore would not give rise to circumstances justifying 
     the withdrawal of the Russian Federation from the Treaty.
                                 ______
                                 
  SA 4907. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to Treaty Doc. 111-5, Treaty between the United States of 
America and the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive Arms, signed in Prague 
on April 8, 2010, with Protocol; which was ordered to lie on the table; 
as follows:



 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       At the end of subsection (a) of the Resolution of 
     Ratification, add the following:
       (11) Compliance of the russian federation.--The New START 
     Treaty shall not enter into force until the President 
     certifies to the Senate that all outstanding issues on 
     verification and compliance in the START I Treaty by the 
     Russian Federation prior to the expiration of the START I 
     Treaty on December 5, 2009, have been resolved and submits to 
     Congress a report detailing how each such issue was resolved.
                                 ______
                                 
  SA 4908. Mr. LeMIEUX submitted an amendment intended to be proposed 
by him to Treaty Doc. 111-5, Treaty between the United States of 
America and the Russian Federation on Measures for the Further 
Reduction and Limitation of Strategic Offensive Arms, signed in Prague 
on April 8, 2010, with Protocol; which was ordered to lie on the table; 
as follows:



 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       At the end of subsection (a) of the Resolution of 
     Ratification, add the following:
       (11) Tactical nuclear weapons.--The President may not 
     deposit the instrument of ratification until the President 
     certifies to the Senate that--
       (A) the United States and the Russian Federation will enter 
     into negotiations within one year of ratification of the New 
     START Treaty to address the disparity between the non-
     strategic (tactical) nuclear weapons stockpiles of the 
     Russian Federation and of the United States and secure and 
     reduce tactical nuclear weapons in a verifiable manner; and
       (B) the negotiations will not include discussion of 
     defensive missile systems.
                                 ______
                                 
  SA 4909. Mr. THUNE (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed by him to Treaty Doc. 111-5, Treaty 
between the United States of America and the Russian Federation on 
Measures for the Further Reduction and Limitation of Strategic 
Offensive Arms, signed in Prague on April 8, 2010, with Protocol; which 
was ordered to lie on the table; as follows:



 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       At the end of subsection (b) of the Resolution of 
     Ratification, add the following:
       (4) Treaty extension.--It is the understanding of the 
     United States that any extension of the New START Treaty 
     under Article XIV may enter into force for the United States 
     only with the advice and consent of the Senate, as set forth 
     in Article II, section 2, clause 2 of the Constitution of the 
     United States.
                                 ______
                                 
  SA 4910. Mr. DeMINT submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the

[[Page S10821]]

Further Reduction and Limitation of Strategic Offensive Arms, signed in 
Prague on April 8, 2010, with Protocol; which was ordered to lie on the 
table; as follows:

       On page 17 of the Resolution of Ratification, strike line 
     24 and all that follows through page 21, line 8, and insert 
     the following:
       (4) Defending the united states and allies against 
     strategic attack.--It is the understanding of the United 
     States that--
       (A) a paramount obligation of the United States Government 
     is to provide for the defense of the American people, 
     deployed members of the United States Armed Forces, and 
     United States allies against nuclear attacks to the best of 
     its ability;
       (B) policies based on ``mutual assured destruction'' or 
     intentional vulnerability can be contrary to the safety and 
     security of both countries, and the United States and the 
     Russian Federation share a common interest in moving 
     cooperatively as soon as possible away from a strategic 
     relationship based on mutual assured destruction;
       (C) in a world where biological, chemical, and nuclear 
     weapons and the means to deliver them are proliferating, 
     strategic stability can be enhanced by strategic defensive 
     measures;
       (D) accordingly, the United States is and will remain 
     committed to reducing the vulnerability to attack by 
     constructing a layered missile defense system capable of 
     countering missiles of all ranges;
       (E) the United States will welcome steps by the Russian 
     Federation also to adopt a fundamentally defensive strategic 
     posture that no longer views robust strategic defensive 
     capabilities as undermining the overall strategic balance, 
     and stands ready to cooperate with the Russian Federation on 
     strategic defensive capabilities, as long as such cooperation 
     is aimed at fostering and in no way constrains the defensive 
     capabilities of both sides; and
       (F) the United States is committed to improving United 
     States strategic defensive capabilities both quantitatively 
     and qualitatively during the period that the New START Treaty 
     is in effect, and such improvements are consistent with the 
     Treaty and do not constitute an extraordinary event, as 
     described in paragraph 3 of Article XIV of the Treaty.
       (c) Declarations.--The advice and consent of the Senate to 
     the ratification of the New START Treaty is subject to the 
     following declarations, which express the intent of the 
     Senate:
       (1) Missile defense.--(A) It is the sense of the Senate 
     that--
       (i) pursuant to the National Missile Defense Act of 1999 
     (Public Law 106-38), it is the policy of the United States 
     ``to deploy as soon as is technologically possible an 
     effective National Missile Defense system capable of 
     defending the territory of the United States against limited 
     ballistic missile attack (whether accidental, unauthorized, 
     or deliberate)'';
       (ii) defenses against ballistic missiles are essential for 
     new deterrent strategies and for new strategies should 
     deterrence fail; and
       (iii) further limitations on the missile defense 
     capabilities of the United States are not in the national 
     security interest of the United States.
       (B) The New START Treaty and the April 7, 2010, unilateral 
     statement of the Russian Federation on missile defense do not 
     limit in any way, and shall not be interpreted as limiting, 
     activities that the United States Government currently plans 
     or that might be required over the duration of the New START 
     Treaty to protect the United States pursuant to the National 
     Missile Defense Act of 1999, or to protect United States 
     Armed Forces and United States allies from limited ballistic 
     missile attack, including further planned enhancements to the 
     Ground-based Midcourse Defense system and all phases of the 
     Phased Adaptive Approach to missile defense in Europe.
       (C) Given its concern about missile defense issues, the 
     Senate expects the executive branch to offer regular 
     briefings, not less than twice each year, to the Committees 
     on Foreign Relations and Armed Services of the Senate on all 
     missile defense issues related to the New START Treaty and on 
     the progress of United States-Russia dialogue and cooperation 
     regarding missile defense.
                                 ______
                                 
  SA 4911. Mr. DeMINT submitted an amendment intended to be proposed by 
him to Treaty Doc. 111-5, Treaty between the United States of America 
and the Russian Federation on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed in Prague on April 8, 
2010, with Protocol; which was ordered to lie on the table; as follows:



 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       On page 17 of the resolution of ratification, strike line 
     24 and all that follows through page 21, line 8, and insert 
     the following:
       (4) Defending the united states and allies against 
     strategic attack.--It is the understanding of the United 
     States that--
       (A) a paramount obligation of the United States Government 
     is to provide for the defense of the American people, 
     deployed members of the United States Armed Forces, and 
     United States allies against nuclear attacks to the best of 
     its ability;
       (B) policies based on ``mutual assured destruction'' or 
     intentional vulnerability can be contrary to the safety and 
     security of both countries, and the United States and the 
     Russian Federation share a common interest in moving 
     cooperatively as soon as possible away from a strategic 
     relationship based on mutual assured destruction;
       (C) in a world where biological, chemical, and nuclear 
     weapons and the means to deliver them are proliferating, 
     strategic stability can be enhanced by strategic defensive 
     measures;
       (D) accordingly, the United States is and will remain 
     committed to reducing the vulnerability to attack by 
     constructing a layered missile defense system capable of 
     countering missiles of all ranges;
       (E) the United States will welcome steps by the Russian 
     Federation also to adopt a fundamentally defensive strategic 
     posture that no longer views robust strategic defensive 
     capabilities as undermining the overall strategic balance, 
     and stands ready to cooperate with the Russian Federation on 
     strategic defensive capabilities, as long as such cooperation 
     is aimed at fostering and in no way constrains the defensive 
     capabilities of both sides; and
       (F) the United States is committed to improving United 
     States strategic defensive capabilities both quantitatively 
     and qualitatively during the period that the New START Treaty 
     is in effect, and such improvements are consistent with the 
     Treaty and do not constitute an extraordinary event, as 
     described in paragraph 3 of Article XIV of the Treaty.
       (c) Declarations.--The advice and consent of the Senate to 
     the ratification of the New START Treaty is subject to the 
     following declarations, which express the intent of the 
     Senate:
       (1) Missile defense.--(A) It is the sense of the Senate 
     that--
       (i) pursuant to the National Missile Defense Act of 1999 
     (Public Law 106-38), it is the policy of the United States 
     ``to deploy as soon as is technologically possible an 
     effective National Missile Defense system capable of 
     defending the territory of the United States against limited 
     ballistic missile attack (whether accidental, unauthorized, 
     or deliberate)'';
       (ii) defenses against ballistic missiles are essential for 
     new deterrent strategies and for new strategies should 
     deterrence fail; and
       (iii) further limitations on the missile defense 
     capabilities of the United States are not in the national 
     security interest of the United States.
       (B) The New START Treaty and the April 7, 2010, unilateral 
     statement of the Russian Federation on missile defense do not 
     limit in any way, and shall not be interpreted as limiting, 
     activities that the United States Government currently plans 
     or that might be required over the duration of the New START 
     Treaty to protect the United States pursuant to the National 
     Missile Defense Act of 1999, or to protect United States 
     Armed Forces and United States allies from limited ballistic 
     missile attack, including further planned enhancements to the 
     Ground-based Midcourse Defense system and all phases of the 
     Phased Adaptive Approach to missile defense in Europe.
       (C) Given its concern about missile defense issues, the 
     Senate expects the executive branch to offer regular 
     briefings, not less than twice each year, to the Committees 
     on Foreign Relations and Armed Services of the Senate on all 
     missile defense issues related to the New START Treaty and on 
     the progress of United States-Russia dialogue and cooperation 
     regarding missile defense.
                                 ______
                                 
  SA 4912. Mr. KIRK submitted an amendment intended to be proposed to 
amendment SA 4900 submitted by Mr. McCain (for himself and Mr. Corker) 
and intended to be proposed to Treaty Doc. 111-5, Treaty between the 
United States of America and the Russian Federation on Measures for the 
Further Reduction and Limitation of Strategic Offensive Arms, signed in 
Prague on April 8, 2010, with Protocol; which was ordered to lie on the 
table; as follows:

       On page 6, strike lines 2 through 7 and insert the 
     following:
       (4) Sensitive information on missile defense systems.--It 
     is the understanding of the United States that the United 
     States will not provide the Russian Federation any access to 
     United States sensitive data, including tracking, targeting, 
     and telemetry data, technology, and common operational 
     pictures, with respect to United States missile defense 
     systems for the duration of the New START Treaty.
                                 ______
                                 
  SA 4913. Mr. LIEBERMAN (for himself and Mr. Brown of Massachusetts) 
submitted an amendment intended to be proposed by him to Treaty Doc. 
111-5, Treaty between the United States of America and the Russian 
Federation on Measures for the Further Reduction and Limitation of 
Strategic Offensive Arms, signed in Prague on April 8, 2010, with 
Protocol; which was ordered to lie on the table; as follows:



 =========================== NOTE =========================== 

  
  On Pages S10818-S10822, December 20, 2010, under the heading 
TEXT OF AMENDMENTS, the following appears: ``. . . intended to be 
proposed by him to the resolution of ratification for Treaty Doc. 
111-5 . . .''
  
  The Record has been corrected to read: ``. . . intended to be 
proposed by him to Treaty Doc. 111-5 . . .''


 ========================= END NOTE ========================= 

       In paragraph (1) of subsection (b) of the Resolution of 
     Ratification, beginning in subparagraph (B), strike ``United 
     States; and''

[[Page S10822]]

     and all that follows through the period at the end of 
     subparagraph (C) and insert the following: ``United States;
       (C) the April 7, 2010, unilateral statement by the Russian 
     Federation on missile defense does not impose a legal 
     obligation on the United States;
       (D) the eighth clause of the preamble of the New START 
     Treaty, which recognizes ``the existence of the 
     interrelationship between strategic offensive arms and 
     strategic defensive arms,'' does not impose a legal 
     obligation on the United States, nor does it limit the 
     development and deployment of United States missile defense 
     systems, including qualitative and quantitative improvements 
     to such systems;
       (E) although the United States cannot circumscribe the 
     Russian Federation's sovereign rights under Article XIV(3) of 
     the New START Treaty, it is the understanding of the United 
     States that the development and deployment of United States 
     missile defense systems do not and will not alter the 
     strategic balance with the Russian Federation nor threaten 
     its strategic nuclear force potential, and therefore do not 
     constitute a basis for questioning the effectiveness and 
     viability of the New START Treaty, and would not give rise to 
     circumstances justifying Russia's withdrawal from the Treaty; 
     and
       (F) the development and deployment of United States missile 
     defense systems is not dependent on the Russian Federation 
     entering into or remaining a Party to the New START Treaty, 
     as it is the policy of the United States to deploy as soon as 
     is technologically possible an effective National Missile 
     Defense system capable of defending the territory of the 
     United States against limited ballistic missile attack 
     (whether accidental, unauthorized, or deliberate), including 
     all phases of the European Phased Adaptive Approach, the 
     continued modernization of the ground-based midcourse defense 
     system, and other programs to defend the United States, its 
     deployed forces, allies, and partners against ballistic 
     missile threats.
                                 ______
                                 
  SA 4914. Mr. REID (for Mr. Kerry (for himself and Ms. Snowe)) 
proposed an amendment to the bill H.R. 81, to amend the High Seas 
Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens 
Fishery Conservation and Management Act to improve the conservation of 
sharks; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:
Sec. 1. Table of contents.

                TITLE I--SHARK CONSERVATION ACT OF 2010

Sec. 101. Short title.
Sec. 102. Amendment of the High Seas Driftnet Fishing Moratorium 
              Protection Act.
Sec. 103. Amendment of Magnuson-Stevens Fishery Conservation and 
              Management Act.
Sec. 104. Offset of implementation cost.

              TITLE II--INTERNATIONAL FISHERIES AGREEMENT

Sec. 201. Short title.
Sec. 202. International Fishery Agreement.
Sec. 203. Application with other laws.
Sec. 204. Effective date.

                        TITLE III--MISCELLANEOUS

Sec. 301. Technical corrections to the Western and Central Pacific 
              Fisheries Convention Implementation Act.
Sec. 302. Pacific Whiting Act of 2006.
Sec. 303. Replacement vessel.

                TITLE I--SHARK CONSERVATION ACT OF 2010

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Shark Conservation Act of 
     2010''.

     SEC. 102. AMENDMENT OF HIGH SEAS DRIFTNET FISHING MORATORIUM 
                   PROTECTION ACT.

       (a) Actions to Strengthen International Fishery Management 
     Organizations.--Section 608 of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826i) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D), by striking ``and'' at the end;
       (B) in subparagraph (E), by inserting ``and'' after the 
     semicolon; and
       (C) by adding at the end the following:
       ``(F) to adopt shark conservation measures, including 
     measures to prohibit removal of any of the fins of a shark 
     (including the tail) and discarding the carcass of the shark 
     at sea;'';
       (2) in paragraph (2), by striking ``and'' at the end;
       (3) by redesignating paragraph (3) as paragraph (4); and
       (4) by inserting after paragraph (2) the following:
       ``(3) seeking to enter into international agreements that 
     require measures for the conservation of sharks, including 
     measures to prohibit removal of any of the fins of a shark 
     (including the tail) and discarding the carcass of the shark 
     at sea, that are comparable to those of the United States, 
     taking into account different conditions; and''.
       (b) Illegal, Unreported, or Unregulated Fishing.--
     Subparagraph (A) of section 609(e)(3) of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(e)(3)) is amended--
       (1) by striking the ``and'' before ``bycatch reduction 
     requirements''; and
       (2) by striking the semicolon at the end and inserting ``, 
     and shark conservation measures;''.
       (c) Equivalent Conservation Measures.--
       (1) Identification.--Subsection (a) of section 610 of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826k) is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``607, a nation if--'' and inserting ``607--'';
       (B) in paragraph (1)--
       (i) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively; and
       (ii) by moving clauses (i) and (ii) (as so redesignated) 2 
     ems to the right;
       (C) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (D) by moving subparagraphs (A) through (C) (as so 
     redesignated) 2 ems to the right;
       (E) by inserting before subparagraph (A) (as so 
     redesignated) the following:
       ``(1) a nation if--'';
       (F) in subparagraph (C) (as so redesignated) by striking 
     the period at the end and inserting ``; and''; and
       (G) by adding at the end the following:
       ``(2) a nation if--
       ``(A) fishing vessels of that nation are engaged, or have 
     been engaged during the preceding calendar year, in fishing 
     activities or practices in waters beyond any national 
     jurisdiction that target or incidentally catch sharks; and
       ``(B) the nation has not adopted a regulatory program to 
     provide for the conservation of sharks, including measures to 
     prohibit removal of any of the fins of a shark (including the 
     tail) and discarding the carcass of the shark at sea, that is 
     comparable to that of the United States, taking into account 
     different conditions.''.
       (2) Initial identifications.--The Secretary of Commerce 
     shall begin making identifications under paragraph (2) of 
     section 610(a) of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826k(a)), as added by paragraph 
     (1)(G), not later than 1 year after the date of the enactment 
     of this Act.

     SEC. 103. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION 
                   AND MANAGEMENT ACT.

       (a) In General.--Paragraph (1) of section 307 of Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1857) is amended--
       (1) by amending subparagraph (P) to read as follows:
       ``(P)(i) to remove any of the fins of a shark (including 
     the tail) at sea;
       ``(ii) to have custody, control, or possession of any such 
     fin aboard a fishing vessel unless it is naturally attached 
     to the corresponding carcass;
       ``(iii) to transfer any such fin from one vessel to another 
     vessel at sea, or to receive any such fin in such transfer, 
     without the fin naturally attached to the corresponding 
     carcass; or
       ``(iv) to land any such fin that is not naturally attached 
     to the corresponding carcass, or to land any shark carcass 
     without such fins naturally attached;''; and
       (2) by striking the matter following subparagraph (R) and 
     inserting the following:
     ``For purposes of subparagraph (P), there shall be a 
     rebuttable presumption that if any shark fin (including the 
     tail) is found aboard a vessel, other than a fishing vessel, 
     without being naturally attached to the corresponding 
     carcass, such fin was transferred in violation of 
     subparagraph (P)(iii) or that if, after landing, the total 
     weight of shark fins (including the tail) landed from any 
     vessel exceeds five percent of the total weight of shark 
     carcasses landed, such fins were taken, held, or landed in 
     violation of subparagraph (P). In such subparagraph, the term 
     `naturally attached', with respect to a shark fin, means 
     attached to the corresponding shark carcass through some 
     portion of uncut skin.''.
       (b) Savings Clause.--
       ``(1) In general.--The amendments made by subsection (a) do 
     not apply to an individual engaged in commercial fishing for 
     smooth dogfish (Mustelus canis) in that area of the waters of 
     the United States located shoreward of a line drawn in such a 
     manner that each point on it is 50 nautical miles from the 
     baseline of a State from which the territorial sea is 
     measured, if the individual holds a valid State commercial 
     fishing license, unless the total weight of smooth dogfish 
     fins landed or found on board a vessel to which this 
     subsection applies exceeds 12 percent of the total weight of 
     smooth dogfish carcasses landed or found on board.
       (2) Definitions.--In this subsection:
       (A) Commercial fishing.--The term ``commercial fishing'' 
     has the meaning given that term in section 3 of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1802).
       (B) State.--The term ``State'' has the meaning given that 
     term in section 803 of Public Law 103-206 (16 U.S.C. 5102).

     SEC. 104. OFFSET OF IMPLEMENTATION COST.

       Section 308(a) of the Interjurisdictional Fisheries Act of 
     1986 (16 U.S.C. 4107(a)) is amended by striking ``2012.'' and 
     inserting ``2010, and $2,500,000 for each of fiscal years 
     2011 and 2012.''.

[[Page S10823]]

              TITLE II--INTERNATIONAL FISHERIES AGREEMENT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``International Fisheries 
     Agreement Clarification Act''.

     SEC. 202. INTERNATIONAL FISHERY AGREEMENT.

       Consistent with the intent of provisions of the Magnuson-
     Stevens Fishery and Conservation and Management Act relating 
     to international agreements, the Secretary of Commerce and 
     the New England Fishery Management Council may, for the 
     purpose of rebuilding those portions of fish stocks covered 
     by the United States-Canada Transboundary Resource Sharing 
     Understanding on the date of enactment of this Act--
       (1) take into account the Understanding and decisions made 
     under that Understanding in the application of section 
     304(e)(4)(A)(i) of the Act (16 U.S.C. 1854(e)(4)(A)(i));
       (2) consider decisions made under that Understanding as 
     ``management measures under an international agreement'' that 
     ``dictate otherwise'' for purposes of section 
     304(e)(4)(A)(ii) of the Act (16 U.S.C. 1854(e)(4)(A)(ii); and
       (3) establish catch levels for those portions of fish 
     stocks within their respective geographic areas covered by 
     the Understanding on the date of enactment of this Act that 
     exceed the catch levels otherwise required under the 
     Northeast Multispecies Fishery Management Plan if--
       (A) overfishing is ended immediately;
       (B) the fishing mortality level ensures rebuilding within a 
     time period for rebuilding specified taking into account the 
     Understanding pursuant to paragraphs (1) and (2) of this 
     subsection; and
       (C) such catch levels are consistent with that 
     Understanding.

     SEC. 203. APPLICATION WITH OTHER LAWS.

       Nothing in this title shall be construed to amend the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1851 et seq.) or to limit or otherwise alter the 
     authority of the Secretary of Commerce under that Act 
     concerning other species.

     SEC. 204. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), 
     section 202 shall apply with respect to fishing years 
     beginning after April 30, 2010.
       (b) Special Rule.--Section 202(3)(B) shall only apply with 
     respect to fishing years beginning after April 30, 2012.

                        TITLE III--MISCELLANEOUS

     SEC. 301. TECHNICAL CORRECTIONS TO THE WESTERN AND CENTRAL 
                   PACIFIC FISHERIES CONVENTION IMPLEMENTATION 
                   ACT.

       Section 503 of the Western and Central Pacific Fisheries 
     Convention Implementation Act (16 U.S.C. 6902) is amended--
       (1) by striking ``Management Council and'' in subsection 
     (a) and inserting ``Management Council, and one of whom shall 
     be the chairman or a member of'';
       (2) by striking subsection (c)(1) and inserting the 
     following:
       ``(1) Employment status.--Individuals serving as such 
     Commissioners, other than officers or employees of the United 
     States Government, shall not be considered Federal employees 
     except for the purposes of injury compensation or tort claims 
     liability as provided in chapter 81 of title 5, United States 
     Code, and chapter 171 of title 28, United States Code.''; and
       (3) by striking subsection (d)(2)(B)(ii) and inserting the 
     following:
       ``(ii) shall not be considered Federal employees except for 
     the purposes of injury compensation or tort claims liability 
     as provided in chapter 81 of title 5, United States Code, and 
     chapter 171 of title 28, United States Code.''.

     SEC. 302. PACIFIC WHITING ACT OF 2006.

       (a) Scientific Experts.--Section 605(a)(1) of the Pacific 
     Whiting Act of 2006 (16 U.S.C. 7004(a)(1)) is amended by 
     striking ``at least 6 but not more than 12'' inserting ``no 
     more than 2''.
       (b) Employment Status.--Section 609(a) of the Pacific 
     Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended to read as 
     follows:
       ``(a) Employment Status.--Individuals appointed under 
     section 603, 604, 605, or 606 of this title, other than 
     officers or employees of the United States Government, shall 
     not be considered to be Federal employees while performing 
     such service, except for purposes of injury compensation or 
     tort claims liability as provided in chapter 81 of title 5, 
     United States Code, and chapter 171 of title 28, United 
     States Code.''.

     SEC. 303. REPLACEMENT VESSEL.

       Notwithstanding any other provision of law, the Secretary 
     of Commerce may promulgate regulations that allow for the 
     replacement or rebuilding of a vessel qualified under 
     subsections (a)(7) and (g)(1)(A) of section 219 of the 
     Department of Commerce and Related Agencies Appropriations 
     Act, 2005 (Public Law 108-447; 188 Stat. 886-891).
                                 ______
                                 
  SA 4915. Mr. KERRY (for Mr. Schumer (for himself, Ms. Collins, Mrs. 
Gillibrand, and Mr. Conrad)) proposed an amendment to the bill H.R. 
4748, to amend the Office of National Drug Control Policy 
Reauthorization Act of 2006 to require a northern border 
counternarcotics strategy, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Northern Border 
     Counternarcotics Strategy Act of 2010''.

     SEC. 2. NORTHERN BORDER COUNTERNARCOTICS STRATEGY.

       The Office of National Drug Control Policy Reauthorization 
     Act of 2006 (Public Law 109-469; 120 Stat. 3502) is amended 
     by inserting after section 1110 the following:

     ``SEC. 1110A. REQUIREMENT FOR NORTHERN BORDER 
                   COUNTERNARCOTICS STRATEGY.

       ``(a) Definitions.--In this section, the terms `appropriate 
     congressional committees', `Director', and `National Drug 
     Control Program agency' have the meanings given those terms 
     in section 702 of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1701)).
       ``(b) Strategy.--Not later than 180 days after the date of 
     enactment of this section, and every 2 years thereafter, the 
     Director, in consultation with the head of each relevant 
     National Drug Control Program agency and relevant officials 
     of States, local governments, tribal governments, and the 
     governments of other countries, shall develop a Northern 
     Border Counternarcotics Strategy and submit the strategy to--
       ``(1) the appropriate congressional committees (including 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives);
       ``(2) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Indian Affairs of the Senate; and
       ``(3) the Committee on Armed Services, the Committee on 
     Homeland Security, and the Committee on Natural Resources of 
     the House of Representatives.
       ``(c) Purposes.--The Northern Border Counternarcotics 
     Strategy shall--
       ``(1) set forth the strategy of the Federal Government for 
     preventing the illegal trafficking of drugs across the 
     international border between the United States and Canada, 
     including through ports of entry and between ports of entry 
     on the border;
       ``(2) state the specific roles and responsibilities of each 
     relevant National Drug Control Program agency for 
     implementing the strategy;
       ``(3) identify the specific resources required to enable 
     the relevant National Drug Control Program agencies to 
     implement the strategy; and
       ``(4) reflect the unique nature of small communities along 
     the international border between the United States and 
     Canada, ongoing cooperation and coordination with Canadian 
     law enforcement authorities, and variations in the volumes of 
     vehicles and pedestrians crossing through ports of entry 
     along the international border between the United States and 
     Canada.
       ``(d) Specific Content Related to Cross-border Indian 
     Reservations.--The Northern Border Counternarcotics Strategy 
     shall include--
       ``(1) a strategy to end the illegal trafficking of drugs to 
     or through Indian reservations on or near the international 
     border between the United States and Canada; and
       ``(2) recommendations for additional assistance, if any, 
     needed by tribal law enforcement agencies relating to the 
     strategy, including an evaluation of Federal technical and 
     financial assistance, infrastructure capacity building, and 
     interoperability deficiencies.
       ``(e) Limitation.--
       ``(1) In general.--The Northern Border Counternarcotics 
     Strategy shall not change the existing agency authorities and 
     this section shall not be construed to amend or modify any 
     law governing interagency relationships.
       ``(2) Legitimate trade and travel.--The Northern Border 
     Counternarcotics Strategy shall be designed to promote, and 
     not hinder, legitimate trade and travel.
       ``(f) Treatment of Classified or Law Enforcement Sensitive 
     Information.--
       ``(1) In general.--The Northern Border Counternarcotics 
     Strategy shall be submitted in unclassified form and shall be 
     available to the public.
       ``(2) Annex.--The Northern Border Counternarcotics Strategy 
     may include an annex containing any classified information or 
     information the public disclosure of which, as determined by 
     the Director or the head of any relevant National Drug 
     Control Program agency, would be detrimental to the law 
     enforcement or national security activities of any Federal, 
     State, local, or tribal agency.''.
                                 ______
                                 
  SA 4916. Mr. LIEBERMAN (for Mr. Kerry (for himself and Ms. Collins)) 
proposed an amendment to the bill H.R. 1746, to amend the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act to reauthorize 
the pre-disaster mitigation program of the Federal Emergency Management 
Agency; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Predisaster Hazard 
     Mitigation Act of 2010''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The predisaster hazard mitigation program has been 
     successful and cost-effective. Funding from the predisaster 
     hazard mitigation program has successfully reduced loss of

[[Page S10824]]

     life, personal injuries, damage to and destruction of 
     property, and disruption of communities from disasters.
       (2) The predisaster hazard mitigation program has saved 
     Federal taxpayers from spending significant sums on disaster 
     recovery and relief that would have been otherwise incurred 
     had communities not successfully applied mitigation 
     techniques.
       (3) A 2007 Congressional Budget Office report found that 
     the predisaster hazard mitigation program reduced losses by 
     roughly $3 (measured in 2007 dollars) for each dollar 
     invested in mitigation efforts funded under the predisaster 
     hazard mitigation program. Moreover, the Congressional Budget 
     Office found that projects funded under the predisaster 
     hazard mitigation program could lower the need for post-
     disaster assistance from the Federal Government so that the 
     predisaster hazard mitigation investment by the Federal 
     Government would actually save taxpayer funds.
       (4) A 2005 report by the Multihazard Mitigation Council 
     showed substantial benefits and cost savings from the hazard 
     mitigation programs of the Federal Emergency Management 
     Agency generally. Looking at a range of hazard mitigation 
     programs of the Federal Emergency Management Agency, the 
     study found that, on average, $1 invested by the Federal 
     Emergency Management Agency in hazard mitigation provided the 
     Nation with roughly $4 in benefits. Moreover, the report 
     projected that the mitigation grants awarded between 1993 and 
     2003 would save more than 220 lives and prevent nearly 4,700 
     injuries over approximately 50 years.
       (5) Given the substantial savings generated from the 
     predisaster hazard mitigation program in the years following 
     the provision of assistance under the program, increasing 
     funds appropriated for the program would be a wise 
     investment.

     SEC. 3. PREDISASTER HAZARD MITIGATION.

       (a) Allocation of Funds.--Section 203(f) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5133(f)) is amended to read as follows:
       ``(f) Allocation of Funds.--
       ``(1) In general.--The President shall award financial 
     assistance under this section on a competitive basis and in 
     accordance with the criteria in subsection (g).
       ``(2) Minimum and maximum amounts.--In providing financial 
     assistance under this section, the President shall ensure 
     that the amount of financial assistance made available to a 
     State (including amounts made available to local governments 
     of the State) for a fiscal year--
       ``(A) is not less than the lesser of--
       ``(i) $575,000; or
       ``(ii) the amount that is equal to 1 percent of the total 
     funds appropriated to carry out this section for the fiscal 
     year; and
       ``(B) does not exceed the amount that is equal to 15 
     percent of the total funds appropriated to carry out this 
     section for the fiscal year.''.
       (b) Authorization of Appropriations.--Section 203(m) of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5133(m)) is amended to read as follows:
       ``(m) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $180,000,000 for fiscal year 2011;
       ``(2) $200,000,000 for fiscal year 2012; and
       ``(3) $200,000,000 for fiscal year 2013.''.
       (c) Technical Corrections to References.--The Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.) is amended--
       (1) in section 602(a) (42 U.S.C. 5195a(a)), by striking 
     paragraph (7) and inserting the following:
       ``(7) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Emergency Management Agency.''; 
     and
       (2) by striking ``Director'' each place it appears and 
     inserting ``Administrator'', except--
       (A) in section 622 (42 U.S.C. 5197a)--
       (i) in the second and fourth places it appears in 
     subsection (c); and
       (ii) in subsection (d); and
       (B) in section 626(b) (42 U.S.C. 5197e(b)).

     SEC. 4. PROHIBITION ON EARMARKS.

       Section 203 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5133) is amended by 
     adding at the end the following:
       ``(n) Prohibition on Earmarks.--
       ``(1) Definition.--In this subsection, the term 
     `congressionally directed spending' means a statutory 
     provision or report language included primarily at the 
     request of a Senator or a Member, Delegate or Resident 
     Commissioner of the House of Representatives providing, 
     authorizing, or recommending a specific amount of 
     discretionary budget authority, credit authority, or other 
     spending authority for a contract, loan, loan guarantee, 
     grant, loan authority, or other expenditure with or to an 
     entity, or targeted to a specific State, locality, or 
     Congressional district, other than through a statutory or 
     administrative formula-driven or competitive award process.
       ``(2) Prohibition.--None of the funds appropriated or 
     otherwise made available to carry out this section may be 
     used for congressionally directed spending.
       ``(3) Certification to congress.--The Administrator of the 
     Federal Emergency Management Agency shall submit to Congress 
     a certification regarding whether all financial assistance 
     under this section was awarded in accordance with this 
     section.''.

                          ____________________