[Congressional Record Volume 156, Number 172 (Tuesday, December 21, 2010)]
[Senate]
[Pages S10932-S10933]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4917. Mr. HARKIN (for Mr. Cardin (for himself, Mr. Voinovich, Ms. 
Cantwell, Mrs. Murray, and Mr. Inhofe)) proposed an amendment to the 
bill S. 3481, to amend the Federal Water Pollution Control Act to 
clarify Federal responsibility for stormwater pollution; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. FEDERAL RESPONSIBILITY TO PAY FOR STORMWATER 
                   PROGRAMS.

       Section 313 of the Federal Water Pollution Control Act (33 
     U.S.C. 1323) is amended by adding at the end the following:
       ``(c) Reasonable Service Charges.--
       ``(1) In general.--For the purposes of this Act, reasonable 
     service charges described in subsection (a) include any 
     reasonable nondiscriminatory fee, charge, or assessment that 
     is--
       ``(A) based on some fair approximation of the proportionate 
     contribution of the property or facility to stormwater 
     pollution (in terms of quantities of pollutants, or volume or 
     rate of stormwater discharge or runoff from the property or 
     facility); and
       ``(B) used to pay or reimburse the costs associated with 
     any stormwater management program (whether associated with a 
     separate storm sewer system or a sewer system that manages a 
     combination of stormwater and sanitary waste), including the 
     full range of programmatic and structural costs attributable 
     to collecting stormwater, reducing pollutants in stormwater, 
     and reducing the volume and rate of stormwater discharge, 
     regardless of whether that reasonable fee, charge, or 
     assessment is denominated a tax.
       ``(2) Limitation on accounts.--
       ``(A) Limitation.--The payment or reimbursement of any fee, 
     charge, or assessment described in paragraph (1) shall not be 
     made using funds from any permanent authorization account in 
     the Treasury.
       ``(B) Reimbursement or payment obligation of federal 
     government.--Each department, agency, or instrumentality of 
     the executive, legislative, and judicial branches of the 
     Federal Government, as described in subsection (a), shall not 
     be obligated to pay or reimburse any fee, charge, or 
     assessment described in paragraph (1), except to the extent 
     and in an amount provided in advance by any appropriations 
     Act to pay or reimburse the fee, charge, or assessment.''.
                                 ______
                                 
  SA 4918. Mr. CORNYN (for himself and Mr. Risch) submitted an 
amendment intended to be proposed to amendment SA 4904 submitted by Mr. 
Corker to the resolution of ratification for 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 __ of the amendment, between lines __ and __, 
     insert the following:
       (__) Presidential certification rejecting interrelationship 
     between strategic offensive and strategic defensive arms.--
     The New START Treaty shall not enter into force until the 
     President certifies to the Senate and notifies the President 
     of the Russian Federation in writing that the President 
     rejects the following recognition stated in the preamble to 
     the New START Treaty: ``Recognizing the existence of the 
     interrelationship between strategic offensive arms and 
     strategic defensive arms, that this interrelationship will 
     become more important as strategic nuclear arms are reduced, 
     and that current strategic defensive arms do not undermine 
     the viability and effectiveness of the strategic offensive 
     arms of the Parties''.
       (__) Presidential certification regarding additional 
     ground-based interceptors.--The New START Treaty shall not 
     enter into force until the President certifies to the Senate 
     and notifies the President of the Russian Federation in 
     writing that the President intends to continue to improve and 
     modernize the United States ground-based midcourse defense 
     system, including--
       (A) two-stage interceptors that could be deployed in Europe 
     if the Iranian ICBM threat emerges before Phases 3 and 4 of 
     the Phased Adaptive Approach are ready; and
       (B) three stage ground-based interceptors in the United 
     States, including additional missiles for testing and 
     emergency deployment, as necessary.
                                 ______
                                 
  SA 4919. Mr. CONRAD (for himself, Mr. Baucus, and Mr. Tester) 
submitted an amendment intended to be proposed to amendment SA 4884 
submitted by Mr. Barrasso (for himself and Mr. Enzi) and intended to be 
proposed to the resolution of ratification for Treaty Doc. 111-5, 
Treaty between the United States of America and the Russian Federation 
of 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 2 of the amendment, beginning on line 3, strike 
     ``that--'' and all that follows through line 7 and insert 
     ``that the Department of Defense will maintain not fewer than 
     450 deployed and non-deployed ICBM launchers silos for the 
     duration of the treaty.''
                                 ______
                                 
  SA 4920. Mr. THUNE (for himself and Mr. Kyl) submitted an amendment 
intended to be proposed by him to the resolution of ratification for 
Treaty Doc. 111-5, Treaty between the United States of America and the 
Russian Federation of 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) Russian cooperation on iran.--(A) In giving its advice 
     and consent to ratification of the New START Treaty, the 
     Senate has accepted and relied upon the representation

[[Page S10933]]

     of President Barack Obama, including the statement on 
     November 18, 2010, that ``[t]he New START treaty is also a 
     cornerstone of our relations with Russia'' for the reason 
     that ``Russia has been fundamental to our efforts to put 
     strong sanctions in place to put pressure on Iran to deal 
     with its nuclear program''. Accordingly, the advice and 
     consent of the Senate to ratification of the New START Treaty 
     is conditioned on the expectation that the Russian Federation 
     will cooperate fully with United States and international 
     efforts to prevent the Government of Iran from developing a 
     nuclear weapons capability.
       (B) Prior to the entry into force of the New START Treaty, 
     the President shall certify to the Senate that--
       (i) the Russian Federation is in full compliance with all 
     United Nations Security Council Resolutions relating to Iran;
       (ii) the Government of the Russian Federation has assured 
     the United States that neither it nor any entity subject to 
     its jurisdiction and control will--
       (I) transfer to Iran the S-300 air defense system or other 
     advanced weapons systems or any parts thereof; or
       (II) transfer such items to a third party which will in 
     turn transfer such items to Iran;
       (iii) the Government of the Russian Federation has assured 
     the United States that neither it nor any entity subject to 
     its jurisdiction and control will transfer to Iran goods, 
     services, or technology that contribute to the advancement of 
     the nuclear or missile programs of the Government of Iran; 
     and
       (iv) the Government of the Russian Federation has assured 
     the United States that it will support efforts at the United 
     Nations Security Council and elsewhere to increase political 
     and economic pressure on the Government of Iran to abandon 
     its nuclear weapons program.
       (C) Each annual report submitted pursuant to paragraph (10) 
     shall include a certification by the President that between 
     the date the New START Treaty entered into force and December 
     31, 2011, or, in subsequent reports, during the previous 
     year--
       (i) the Russian Federation was in full compliance with all 
     United Nations Security Council Resolutions relating to Iran;
       (ii) neither the Government of the Russian Federation nor 
     any entity subject to its jurisdiction and control has, with 
     the knowledge of the Government of the Russian Federation, 
     transferred to Iran the S-300 air defense system or other 
     advanced weapons systems;
       (iii) neither the Government of the Russian Federation nor 
     any entity subject to its jurisdiction and control has, with 
     the knowledge of the Government of the Russian Federation, 
     transferred to Iran goods, services, or technology that 
     contribute to the advancement of the nuclear weapons or 
     missile programs of Iran; and
       (iv) the Russian Federation has supported efforts at the 
     United Nations Security Council and elsewhere to increase 
     political and economic pressure on the Government of Iran to 
     abandon its nuclear weapons program, and has not sought to 
     weaken initiatives aimed at increasing such pressure.
       (D) If in any annual report submitted pursuant to paragraph 
     (10) the President fails to make the certification described 
     in subparagraph (C), then the President shall--
       (i) consult with the Senate regarding the implications of 
     the Russian Federation's actions for the national security 
     interests of the United States;
       (ii) seek on an urgent basis a meeting with the Russian 
     Federation at the highest diplomatic level with the objective 
     of persuading the Russian Federation to fully support United 
     States and international efforts to prevent the Government of 
     Iran from developing a nuclear weapons capability; and
       (iii) submit a report to the Senate promptly thereafter, 
     detailing--
       (I) whether adherence to the New START Treaty remains in 
     the national security interests of the United States; and
       (II) how the United States will redress the impact of the 
     actions of the Russian Federation on the national security 
     interests of the United States.
       At the end of subsection(c), add the following:
       (14) Russian cooperation on iran.--It is the sense of the 
     Senate that failure by the Russian Federation to cooperate 
     with United States and international efforts to prevent Iran 
     from developing a nuclear weapons capability would lead to an 
     increased threat to the United States and its allies, 
     undermining the long-term foundation of the New START Treaty.

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