[Congressional Record Volume 156, Number 173 (Wednesday, December 22, 2010)]
[Senate]
[Page S10953]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                Amendment No. 4904, as Further Modified

  Mr. CORKER. Mr. President, I would send to the desk the amendment, as 
modified, and as I understand it, this has been accepted by both sides.
  The PRESIDING OFFICER. Is there objection to the modification?
  Hearing no objection, the amendment is modified.
  The amendment, as further modified, is as follows:

       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 at the time of the exchange of instruments of 
     ratification shall communicate to the Russian Federation, 
     that it is the policy of the United States to continue 
     development and deployment of United States missile defense 
     systems to defend against missile threats from nations such 
     as North Korea and Iran, including qualitative and 
     quantitative improvements to such systems. Such systems 
     include all phases of the Phased Adaptive Approach to missile 
     defenses in Europe, the modernization of the Ground-based 
     Midcourse Defense System, and the continued development of 
     the Two-stage Ground-based Interceptor as a technological and 
     strategic hedge. The United States believes that these 
     systems 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 United States believes 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 preamble of the New START Treaty does not impose a 
     legal obligation on the parties.

  Mr. KERRY. Mr. President, I would ask, before we proceed on that--
because Senator Kyl is now here, so we could quickly accept his 
amendment and dispose of that--I ask unanimous consent that we call up 
Kyl amendment No. 4892, as modified--as additionally modified.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. KIRK. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  Mr. KERRY. Objection.
  The PRESIDING OFFICER. Objection is heard.
  Mr. KERRY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.