John Kerry

Mr. KERRY

Mr. KERRY. Mr. President, I was necessarily absent for the following votes: (1) vote in relation to Coburn amendment No. 91 to decrease the Federal share of project costs under airport improvement program for nonprimary airports; (2) vote in relation to Coburn amendment No. 80 to limit essential air service to locations that are 100 or more miles away from the nearest medium or large hub airport; (3) vote in relation to Coburn amendment No. 81 to limit essential air service to locations that average 10 or more enplanements per day; (4) vote on Leahy-Inhofe amendment No. 50 to amend title 1 of the Omnibus Crime Control and Safe Streets Act of 1968 to include nonprofits and volunteer ground and air ambulance crew members and first responders for certain benefits, and to clarify the liability protection for volunteer pilots that fly for public benefits; and (5) final passage of the FAA reauthorization act, S. 223. Had I attended today's session, I would have voted (1) to oppose Coburn amendment No. 91 or to support any motion to lay that amendment on the table; (2) to oppose Coburn amendment No. 80 or to support any motion to lay that amendment on the table; (3) to oppose Coburn amendment No. 81 or to support any motion to lay that amendment on the table; (4) to support Leahy-Inhofe amendment No. 50; and (5) to support final passage of the FAA reauthorization act, S. 223.

Mr. KERRY

Mr. KERRY. Mr. President, every day in the Senate we owe an enormous amount of gratitude to our staff and to the staff here on the floor which work long hours--often behind the scenes and away from the headlines--to make possible the smooth functioning of this institution. Today I would like to offer particular gratitude for one of the Senate pages who was among the youngest members of that extraordinary and unheralded team--a page I was privileged to sponsor here, 16-year- old Rachel Bailey from Glendale, MD. Rachel found herself serving as a page during last year's lameduck session--one of a pair of the only Senate pages, in fact, on hand during that historically busy period. As we know, typically, the Senate has 30 pages working at any given time. And with 100 Senators, the pace can get pretty hectic. So imagine how hectic it became for Rachel when the rest of her page class went home for the holidays, leaving her and one fellow page to handle all the page duties in what proved to be an extremely productive and busy session. Together they handled it all with a smile, carrying the workload of 30 pages and never missing a beat, even though it meant no days off and working up to 14 hours each day. And Rachel did so in a manner that was calm, professional and bipartisan, working with both the Democratic and Republican cloakrooms. Pages play an important role in the daily operation of the Senate. They deliver correspondence and legislative material throughout the Capitol. They take messages for Senators or call them to the phone. They prepare the Chamber for Senate sessions, and they carry bills and amendments to the desk. All of this is in addition to their regular school work. But as demanding as it is, being a page also gives a student a rare opportunity to learn about--and contribute--to the legislative branch of our government and to witness firsthand the debates in the U.S. Senate, often described as the ``greatest deliberative body in the world.'' And in the lameduck session, Rachel had an up close look at a flurry of major legislation, including the Senate's bipartisan ratification of the New START Treaty, a long-sought arms reduction agreement with Russia. Serving as a page has inspired numerous young Americans to pursue careers in public service, even in politics and in the Senate. My friend Chris Dodd, who just retired after more than three decades in Congress, once served as a Senate page. So did one of my current colleagues, Mark Pryor of Arkansas. So perhaps someday we will see Rachel in the Senate again, in some role other than page. But in the meantime, let me thank Rachel's parents, Susan and Karl, for sharing her with the Senate during the Christmas holiday, and sustaining her in her first foray in public service--and please also allow me to thank Rachel for her extra special efforts and to express my admiration for the way she conducted herself throughout our lameduck session. She has set the bar high for herself--and for all the Senate pages who will follow.

Mr. KERRY

Mr. KERRY. Mr. President, I was necessarily absent for the vote in relation to Wicker amendment No. 14, as modified, to the FAA reauthorization bill. If I had attended today's session, I would have voted in opposition to that amendment and would have supported any motion to table that amendment.

Mr. KERRY. Mr. President, I was necessarily absent for the vote in relation to Paul amendment No. 21 to the FAA reauthorization bill. If I had attended today's session, I would have voted in opposition to that amendment and would have supported any motion to table that amendment.

Mr. KERRY

Mr. KERRY. Mr. President, I was necessarily absent for the vote on Nelson of Nebraska amendment No. 58, as amended, to the FAA reauthorization bill. If I had attended today's session, I would have voted in support of that amendment.

Mr. KERRY

Mr. KERRY. Mr. President, I am necessarily absent for the vote today on legislation to extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004, H.R. 514. If I were able to attend these vote sessions, I would have supported the bill to extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004, H.R. 514.

Mr. KERRY

Mr. KERRY. Mr. President, Ray Flynn has been a towering figure in the city of Boston and in our politics, honored for more than four decades of public service and activism. But on Saturday, he will be honored in a different city where he left another legacy deserving of celebration. At last, this weekend Ray's beloved Providence College will retire the No. 14 Ray wore as one of the greatest backcourt players in the history of Friars basketball. And, as any Friars fan can attest, this is a well-deserved honor for one of the school's greatest athletes. Before he turned to politics, Ray Flynn was an All American at Providence College, leading the Friars to the National Invitation Tournament championship in 1963, his senior year. And what a tournament it was for Ray. He scored 38 points in the opener against tournament favorite Miami. He followed that with 25 points against Marquette. And in the final against Canisius, he scored 20 points. He was named the tournament's Most Valuable Player. And when the announcer introduced him as Ray Flynn from Boston, he corrected him by saying, ``I'm from South Boston, sir.'' Indeed, he was--and has always been-- a proud son of South Boston. As a three-sport star athlete at South Boston High School, he achieved a level of success rarely seen at any school. In 1956, as a sophomore, he led South Boston's basketball team to its first ever Tech Tournament Championship. In 1958, he pitched South Boston to a State championship in baseball and quarterbacked the football team to an undefeated season. Oh, and by the way, he was named All Scholastic in all three sports that year. Similarly, at Providence College, Ray Flynn earned All American honors and was voted an Academic All American. He was drafted in 1963 by the Syracuse Nationals of the old American Basketball Association, now the Philadelphia 76ers. But upon graduation, Ray joined the Army National Guard, serving at the Aberdeen Proving Ground in Maryland and Fort Dix in New Jersey. By the time Ray returned home to Boston, the Celtics had bought his contract. And during the 1965 exhibition season, he showed that he had not lost his touch as a shooter. In the final exhibition game, he scored 28 points, more evidence of why his coach at Providence College, Joe Mullaney, considered the best outside pure shooter he had ever coached. But the Celtics needed more defense than offense, so Coach Red Auerbach made Ray the final cut in order to keep K.C. Jones on the roster. Red Auerbach didn't know it then, but in that difficult decision he was launching one of the most distinguished political careers. From 1971 to 1979, Ray Flynn represented his South Boston neighborhood in the Massachusetts House of Representatives. From 1978 to 1984, he served on the Boston City Council. He then was elected mayor of Boston three times, in 1983, 1987 and 1991. And in 1993, he was appointed by President Clinton to serve as U.S. Ambassador to the Holy See. But Red Auerbach eventually realized the role he had played in Ray Flynn's life. In 1984, as mayor, Ray hosted a rally at city hall for the Celtics, who had just won another championship, this time under K.C. Jones. In his remarks to the crowd, Red Auerbach said, ``If I had cut K.C. Jones instead of Ray Flynn in 1965, K.C. might be mayor of Boston and Ray Flynn might be coach of the Celtics.'' Even if Ray Flynn had been on the Celtics, he couldn't have won the No. 14 he wore at Providence College. The Celtics No. 14 had belonged to Bob Cousy and would soon be retired. But it is a fitting honor that Providence College is also retiring No. 14 because in Friars basketball, No. 14 was Ray Flynn, All American, Academic All American, NIT MVP and recipient of the NCAA's prestigious Silver Anniversary Award honoring former student-athletes for their career accomplishments. I join Providence College in saluting Ray Flynn's outstanding accomplishments as a member of the Friars basketball team. And we all congratulate him for his dedication as a public servant. His life--in all its facets--reflects the ideals of basketball founder James Naismith--to ``be strong in body, clean in mind, lofty in ideals.''

Mr. KERRY

Mr. KERRY. Mr. President, I want to take a moment today to mark the quiet passage of a Washington institution a gentle and elegant man named Saadalla Mohamed Aly, but who was known to most of us simply as ``Mr. Aly.'' Few Americans outside of Washington have heard of ``Mr. Aly,'' and Mr. Aly was just fine with that--but for 35 years he was a very welcomed sight to everyone and anyone who appeared on ``Meet the Press'' and spent time in what was very much ``his'' Green Room. From 1976 until his death last month at age 79, Mr. Aly was a proud fixture off-camera at America's longest-running news program. He was the tuxedoed figure who greeted the guests, and implored them and their staffs to dig into coffee or orange juice before the show--and to stay for the post-show meal afterwards. He was the quiet, supportive presence who always put you at ease before the grilling interviews and roundtable discussions began. And he was a kind man who--in gestures large and small--harkened back to a time when Washington was more civil, back to an era when people here in Washington really took the time to know each other. In the 22 years that I knew him, from my very first appearance on the show as a very junior Senator in 1988, to the cold winter morning in December of 2002 when I went on with Tim Russert to announce for President, I never once asked Mr. Aly his political affiliation. He was just a gentle soul in a tuxedo who was unfailingly kind to all the guests, Democrat or Republican. But I will never forget how he greeted me when I came back to the show in January of 2005 after I lost. When I arrived at the studio, with the snow falling, Mr. Aly was waiting at the front door, and the first thing he did was give me a great big hug. He asked my staff how I was doing. I still don't know whether he cast a vote in that election, but I do know that I was lucky to have a friend like Mr. Aly, who in his quiet, considerate way voted with his actions, not his words. Like many of us, I learned in the Washington Post that Mr. Aly passed away in December after contracting pneumonia on a trip to his native Egypt. It is fitting that his daughter Dalia arranged for his burial in Washington, because Washington is the place he loved. And Washington is the city that came to love him. These are years which have seen us lose some special friends at ``Meet the Press,'' starting of course with Tim Russert. But if Tim was the soul of ``Meet the Press,'' Mr. Aly was its heart. Through all these years, as Tim said, if it was Sunday, it was ``Meet the Press.'' And if it was ``Meet the Press,'' it was a warm and friendly greeting from a true gentlemen, ``Mr. Aly.'' Mr. President, I will miss him.

Mr. KERRY

Mr. KERRY. Mr. President, I was necessarily absent for the vote on the nomination of Edward Davila to be U.S. district judge for the Northern District of California. If I were able to attend today's session, I would have supported the nominee.

Mr. KERRY

Mr. KERRY. Mr. President, each year an estimated 2,550 children in the United States are diagnosed with metabolism disorders. For the rest of their lives they will need modified foods that do not have the nutrients their body is incapable of processing. They may also require supplementation with pharmacological doses of vitamins and amino acids. The good news is that with treatment they can lead normal, productive lives. But without these foods and supplements, patients can become severely brain-damaged and hospitalized. Through bipartisan efforts, we have made great strides in improving how quickly babies with these disorders are diagnosed. Newborn screening has made a tremendous difference in the early diagnosis of metabolic disorders. However, affordable and accessible treatment options remain out of reach for too many Americans. Medical foods and supplements which are necessary for treatment may not be covered by insurance policies and can be prohibitively expensive for too many families. For those with a metabolic disorder, medical foods are critical in treatment, just as other conditions are treated with pills or injections. The sporadic insurance coverage of treatment is a problem. In response, over 35 States have enacted laws to enforce coverage of medical foods. However, too many loopholes remain and federal legislation is necessary to ensure that these individuals receive what they need to stay well. It is time that we get treatment for those patients lost in insurance loopholes. The Medical Foods Equity Act follows the April 2009 recommendations of the U.S. Health and Human Services, Secretary's Advisory Committee on Heritable Disorders in Newborns and Children. It will ensure coverage of medical foods and necessary supplements for individuals with disorders as recommended by the Advisory Committee and, most importantly, peace of mind for those families affected by inborn errors of metabolism. The lack of medical food coverage available to families has a significant impact on their lives. With the current situation of varying regulations between States and insurance providers, even families with coverage find themselves living in fear that a change in insurance provider will lead to reduced or nonexistent coverage. Too many Americans across the country are struggling to access the treatment they need for this type of disorder. Take the story of Donna McGrath from Wilmington, Massachusetts. Donna has two daughters with phenylketonuria, PKU, and she speaks eloquently about the frustration she experienced after her employer switched insurance plans. Because medical foods are not listed along with other necessary medicines, Donna was forced to navigate a long list mostly made up of durable medical equipment providers unequipped to help her. Even when she finally found a pharmacy that could order the formula, she was told that they required an upfront payment because they were wary of not being reimbursed by insurance companies. In Donna's own words, she was dismayed at ``having that feeling like you're being held hostage every time a change may occur in your insurance or carrier.'' Medical treatment for inborn error of metabolism disorders is just as necessary as treatment for other conditions--like insulin for a diabetic or chemotherapy for a cancer patient. As newborn screening and medical advances continue to improve the ability of those born with an inborn error of metabolism to lead full, healthy lives, we must make sure that the necessary treatments are available. That is why Senator Casey and I are introducing the Medical Foods Equity Act. Our legislation would require medically necessary foods and supplements to be included in the definition of essential health benefits for qualified health plans, covered by federal health programs, Medicare, Medicaid, CHIP, TRICARE, and by the private health insurance market, fully insured group health plans, self-insured group health plans, and non-group health plans. The legislation requires the Secretary of Health and Human Services to make a determination of minimum coverage levels for medically necessary foods and supplements for certain rare metabolic conditions. I would like to thank a number of organizations who have been integral to the development of the Medical Foods Equity Act and who have endorsed it today, including the National PKU Alliance, the Save Babies Through Screening Foundation, the National Organization for Rare Disorders, NORD, Genetic Alliance, and the American Dietetic Association. The Medical Foods Equity Act will close existing loopholes in coverage and provide the parity in coverage these families deserve. It is my hope that we can move forward with this bill in a bipartisan manner. I ask all of my colleagues to support this important legislation.

Mr. KERRY

Mr. KERRY. Mr. President, each year an estimated 2,550 children in the United States are diagnosed with metabolism disorders. For the rest of their lives they will need modified foods that do not have the nutrients their body is incapable of processing. They may also require supplementation with pharmacological doses of vitamins and amino acids. The good news is that with treatment they can lead normal, productive lives. But without these foods and supplements, patients can become severely brain-damaged and hospitalized. Through bipartisan efforts, we have made great strides in improving how quickly babies with these disorders are diagnosed. Newborn screening has made a tremendous difference in the early diagnosis of metabolic disorders. However, affordable and accessible treatment options remain out of reach for too many Americans. Medical foods and supplements which are necessary for treatment may not be covered by insurance policies and can be prohibitively expensive for too many families. For those with a metabolic disorder, medical foods are critical in treatment, just as other conditions are treated with pills or injections. The sporadic insurance coverage of treatment is a problem. In response, over 35 States have enacted laws to enforce coverage of medical foods. However, too many loopholes remain and federal legislation is necessary to ensure that these individuals receive what they need to stay well. It is time that we get treatment for those patients lost in insurance loopholes. The Medical Foods Equity Act follows the April 2009 recommendations of the U.S. Health and Human Services, Secretary's Advisory Committee on Heritable Disorders in Newborns and Children. It will ensure coverage of medical foods and necessary supplements for individuals with disorders as recommended by the Advisory Committee and, most importantly, peace of mind for those families affected by inborn errors of metabolism. The lack of medical food coverage available to families has a significant impact on their lives. With the current situation of varying regulations between States and insurance providers, even families with coverage find themselves living in fear that a change in insurance provider will lead to reduced or nonexistent coverage. Too many Americans across the country are struggling to access the treatment they need for this type of disorder. Take the story of Donna McGrath from Wilmington, Massachusetts. Donna has two daughters with phenylketonuria, PKU, and she speaks eloquently about the frustration she experienced after her employer switched insurance plans. Because medical foods are not listed along with other necessary medicines, Donna was forced to navigate a long list mostly made up of durable medical equipment providers unequipped to help her. Even when she finally found a pharmacy that could order the formula, she was told that they required an upfront payment because they were wary of not being reimbursed by insurance companies. In Donna's own words, she was dismayed at ``having that feeling like you're being held hostage every time a change may occur in your insurance or carrier.'' Medical treatment for inborn error of metabolism disorders is just as necessary as treatment for other conditions--like insulin for a diabetic or chemotherapy for a cancer patient. As newborn screening and medical advances continue to improve the ability of those born with an inborn error of metabolism to lead full, healthy lives, we must make sure that the necessary treatments are available. That is why Senator Casey and I are introducing the Medical Foods Equity Act. Our legislation would require medically necessary foods and supplements to be included in the definition of essential health benefits for qualified health plans, covered by federal health programs, Medicare, Medicaid, CHIP, TRICARE, and by the private health insurance market, fully insured group health plans, self-insured group health plans, and non-group health plans. The legislation requires the Secretary of Health and Human Services to make a determination of minimum coverage levels for medically necessary foods and supplements for certain rare metabolic conditions. I would like to thank a number of organizations who have been integral to the development of the Medical Foods Equity Act and who have endorsed it today, including the National PKU Alliance, the Save Babies Through Screening Foundation, the National Organization for Rare Disorders, NORD, Genetic Alliance, and the American Dietetic Association. The Medical Foods Equity Act will close existing loopholes in coverage and provide the parity in coverage these families deserve. It is my hope that we can move forward with this bill in a bipartisan manner. I ask all of my colleagues to support this important legislation.

Mr. KERRY

Mr. KERRY. Mr. President, I was necessarily absent for the votes on the nomination of Paul Holmes to be United States District Judge for the Western District of Arkansas and Diana Saldana to be United States District Judge for the Southern District of Texas. If I were able to attend today's session, I would have supported both nominees.

Mr. KERRY

Mr. KERRY. Reserving the right to object, I ask the indulgence of the Senator, before he engages in a discussion of his amendment, if he would permit Senator McCain and me to send to the desk a resolution with respect to Egypt. We would both like to speak very briefly on it.

Mr. KERRY. I have no objection.

Mr. KERRY. Mr. President, I will not send the resolution to the desk. It is currently being hotlined in both offices. It may actually be dealt with in a short period in wrap-up. Senator McCain and I wish to speak briefly to this resolution. This is a resolution which expresses the deep concern of the Senate over the events taking place in Egypt at this time. We acknowledge the long relationship and importance of the relationship with Egypt. Most important, we call attention to the need at this moment for the Government of Egypt and for all the parties involved to take every step possible to avoid violence, to respect the rights of people to assemble, to express their rights, to fight for and demonstrate for a transition in their lives and in their country. This is now a many-days-long demonstration, the longest in the history of Egypt. Hundreds have been killed, many thousands wounded. It is our hope--and we express this--that over the next days, responsible leadership will stand on all sides and work toward a transition process that respects people's rights and that builds a future that meets the aspirations expressed so passionately in the streets of cities all across Egypt. We hope this process will respect the right of journalists to report on the events in Egypt to the people of Egypt as well as the people of the world who are watching. We ask the leadership there to find a path by which they can transition to some kind of interim government over these next days that will build toward elections that can be free and fair and set an example for how any country in this kind of crisis can deal with it and, most importantly, meet the aspirations of their people. I am privileged to join with Senator McCain, Senator Graham, and others in an effort to try to send this message from the Senate about our deep concern over the violence and our hopes and prayers that in the next hours and days responsible leadership will step up and do what is right. I yield the floor.

Mr. KERRY

Mr. KERRY. Mr. President, earlier today I supported S. Res 8 because I believe additional action to change existing Senate rules to limit filibusters are needed. I very much appreciate the work of Majority Leader Reid and Minority Leader McConnell in developing a colloquy printed in the Record today. Specifically, I support the pledges to limit the use of filibusters on motions to proceed and to fill the amendment tree on legislation only when necessary. Unfortunately, I do not believe that these pledges alone go far enough to address the dysfunction the--epic dysfunction--of the last years. Frankly, the extraordinary measure of a filibuster has become an ordinary expedient. Today it's possible for 41 Senators representing only about one-tenth of the American population to bring the Senate to a standstill. The filibuster has its rightful place. I used it to stop drilling for oil in the Arctic Wildlife Refuge because I believed that was in our national interest--and 60 or more Senators should be required to speak up on such an irrevocable decision. But we have reached the point where the filibuster is being invoked by the minority not necessarily because of a difference over policy, but as a political tool to undermine the Presidency. Consider this: in the entire 19th century, including the struggle against slavery, fewer than two dozen filibusters were mounted. Between 1933 and the coming of World War II, it was attempted only twice. During the Eisenhower administration, twice. During John Kennedy's presidency, four times--and then eight during Lyndon Johnson's push for civil rights and voting rights bills. By the time Jimmy Carter and Ronald Reagan occupied the White House, there were about 20 filibusters a year. But in the 110th Congress of 2007-2008, there were a record 112 cloture votes. And in the 111th Congress, there were 136, one of which even delayed a vote to authorize funding for the Army, Navy, Air Force and Marine Corps during a time of war. That is not how the Founders intended the Senate to work--and that's not how our country can afford the Senate not to work. Chris Dodd said it best in his farewell address just a few weeks ago--a speech the Republican leader called one of the most important in the history of the Chamber. Chris sounded a warning: ``What will determine whether this institution works or not, what has always determined whether we will fulfill the Framers' highest hopes or justify the cynics' worst fears, is not the Senate rules, the calendar, or the media. It is whether each of the one hundred Senators can work together.'' That was a speech that needed to be heard. But the question now isn't whether it was heard; it is whether we really listened to it. Because when it comes to the economy, our country really does need 100 Senators who face the facts and find a way to work not just on their side, but side by side. It was with Chris's words in mind that I supported Senator Harkin's effort to reform the filibuster rules even though I have concerns about how the provision would affect debate in the Senate by moving to a majority vote. I did so because I believe it is important to protest the actions by the minority over the past four years and make a statement that we must have an end to the unprecedented disruption that has occurred. Ultimately, Leader Reid is right--the question is not the rules, but our decisions about how to abuse those rules. I hope the minority will end this needless obstructionism as we move forward in the 112th Congress.

Mr. KERRY. Mr. President, I am necessarily absent for the votes today on S. Res. 10 and S. Res. 21. If I were able to attend these vote sessions, I would oppose S. Res. 10 and would support S. Res. 21.

Mr. KERRY

Mr. KERRY. Mr. President, for years I have worked to encourage investment in small businesses. We all realize that small businesses are the backbone of our economy. As the economy continues to recover, we must help small businesses have access to capital. Many of our most successful corporations started as small businesses, including AOL, Apple Computer, Compaq Computer, Datastream, Intel Corporation, and Sun Microsystems. As you can see from this partial list, many of these companies played an integral role in making the Internet a reality. Investing in small businesses is essential to strengthening our economy. Not only will investment in small businesses spur job creation, it will lead to new technological breakthroughs. We are at an integral juncture in developing clean energy technology. I believe that small businesses will repeat the role it played at, the vanguard of the computer revolution--by leading the Nation in developing the technologies which result in clean energy. Small businesses already are at the forefront of these industries, and we need to do everything we can to encourage investment in these small businesses. Today, Senator Snowe and I are introducing legislation to extend the zero capital gains rate on certain small business stock and the exception from minimum tax preference treatment through 2012. During the past two Congresses, Senator Snowe and I introduced legislation which would make permanent changes to the 50 percent exclusion for gain on small business stock. Back in 1993, I worked with Senator Bumpers to enact legislation to provide a 50 percent exclusion for gain for individuals from the sale of certain small business stock that is held for 5 years. Since the enactment of this provision, the capital gains rate has been lowered without any changes to the exclusion. Due to the lower capital rates, the 50 percent exclusion no longer provided a strong incentive for investment in small businesses. Our efforts to improve this provision have been successful. The American Recovery and Reinvestment Act temporarily increased the exclusion to 75 percent. The Small Business Jobs Act of 2010 temporarily increased the exclusion to 100 percent and the alternative minimum tax, AMT, preference item for gain excluded under this provision would be temporarily eliminated. These provisions were further extended through 2011 by the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. The legislation that I am introducing would extend these provisions through 2012. Extending the zero capital gains rate on small business stock through 2012 would put this provision on equal footing with the extension of the lower capital gains rate included in the Tax Relief, Unemployment Insurance, Reauthorization, and Job Creation Act of 2010. I believe that the additional improvements should still be made to the exclusion for small business stock and I will continue to work on this issue. As Congress begins its work on tax reform, encouraging investment in small businesses should be a goal of tax reform. I urge my colleagues to support an extension of the zero capital gains rate and I look forward to working on tax reform which encourages job creation and investment in small businesses.

Mr. KERRY

Mr. KERRY. Mr. President, for years I have worked to encourage investment in small businesses. We all realize that small businesses are the backbone of our economy. As the economy continues to recover, we must help small businesses have access to capital. Many of our most successful corporations started as small businesses, including AOL, Apple Computer, Compaq Computer, Datastream, Intel Corporation, and Sun Microsystems. As you can see from this partial list, many of these companies played an integral role in making the Internet a reality. Investing in small businesses is essential to strengthening our economy. Not only will investment in small businesses spur job creation, it will lead to new technological breakthroughs. We are at an integral juncture in developing clean energy technology. I believe that small businesses will repeat the role it played at, the vanguard of the computer revolution--by leading the Nation in developing the technologies which result in clean energy. Small businesses already are at the forefront of these industries, and we need to do everything we can to encourage investment in these small businesses. Today, Senator Snowe and I are introducing legislation to extend the zero capital gains rate on certain small business stock and the exception from minimum tax preference treatment through 2012. During the past two Congresses, Senator Snowe and I introduced legislation which would make permanent changes to the 50 percent exclusion for gain on small business stock. Back in 1993, I worked with Senator Bumpers to enact legislation to provide a 50 percent exclusion for gain for individuals from the sale of certain small business stock that is held for 5 years. Since the enactment of this provision, the capital gains rate has been lowered without any changes to the exclusion. Due to the lower capital rates, the 50 percent exclusion no longer provided a strong incentive for investment in small businesses. Our efforts to improve this provision have been successful. The American Recovery and Reinvestment Act temporarily increased the exclusion to 75 percent. The Small Business Jobs Act of 2010 temporarily increased the exclusion to 100 percent and the alternative minimum tax, AMT, preference item for gain excluded under this provision would be temporarily eliminated. These provisions were further extended through 2011 by the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. The legislation that I am introducing would extend these provisions through 2012. Extending the zero capital gains rate on small business stock through 2012 would put this provision on equal footing with the extension of the lower capital gains rate included in the Tax Relief, Unemployment Insurance, Reauthorization, and Job Creation Act of 2010. I believe that the additional improvements should still be made to the exclusion for small business stock and I will continue to work on this issue. As Congress begins its work on tax reform, encouraging investment in small businesses should be a goal of tax reform. I urge my colleagues to support an extension of the zero capital gains rate and I look forward to working on tax reform which encourages job creation and investment in small businesses.

Mr. KERRY

Mr. KERRY. Mr. President, reserving--I believe the Senator is referring to the amendment that is pending?

Mr. KERRY. It is the pending amendment.

Mr. KERRY

Mr. KERRY. Mr. President, on the basis of rule XXII and the question of timely filing, I would object to this amendment being considered.

Mr. KERRY. Mr. President, I do not want the Senator to not have an opportunity to be able to speak to this. I think he should be able to. He certainly has that right in the context of his time. I will not speak very long at all. I want to thank the Senator from Arizona, my long-time friend, for his very generous comments. I appreciate them personally. But also I thank him for his willingness, under some circumstances that I know were tough for him, in terms of how a lot of this played out. He nevertheless sat with me, worked through these issues, and obviously I wish we had been able to reach an agreement sometime earlier, but I am glad he is there now on this amendment. I am glad we are able to accept it. I thank Senator Corker who has been a straight dealer throughout all of this--no histrionics, no politics. I think he has really seen his responsibilities on the Foreign Relations Committee in the best way and has studied and thought and worked at and tried to find a way to solve a problem, not create a problem. So I thank him for that approach to this treaty. I think this amendment, if I can say--I mean, I was here in the Senate. I remember debating the first proposal of President Reagan with respect to missile defense, which then was called the SDI, the Strategic Defense Initiative, and became what we called Star Wars back then. We have traveled a long distance since then. The world also has changed significantly since then. We no longer live in that sort of bipolar East-West, Soviet-U.S.- dominated world. We are living in a multipolar, extraordinarily complicated and significantly changed world in the context of the threats we face. The threats we now face, particularly of a rogue state, or of the possibility of a terrorist group stealing or putting their hands on some loosely guarded materials and/or weapons, those are possibilities that are real. We need to deal with this different kind of threat. I believe the President of the United States has been pursuing a plan, building on what previous administrations have done; that is, pursuing the right kind of approach to try to figure out: How do we make all of us safer? Our hope is that the Russians will understand this is not directed at them. This is directed at how we together can build a structure in which all of us can share in a way that forces the Irans and North Koreas and others to understand the futility, indeed the counterproductivity of the direction in which they are moving. So I think this is a good amendment to embrace within the instrument of ratification what the President is doing anyway, what the administration has been committed to doing anyway. I personally do not think it was necessary--in order to achieve an appropriate understanding of where the administration is going--but to whatever degree it gives Senators the ability in the advice and consent process to believe that we are appropriately putting Russians on notice as to this course we are on, I think it reinforces what the President has already done and said. I do not think they should view it as something new or as an aberration from any course that we have been on. I certainly do not view it that way. I am confident they will see that we can build on this treaty in a way that we share in the future strategies, analyses, perhaps even technologies in the long run that will make all of us safer and ultimately provide all of us with the ability to deal with the realities of a nuclear world. Our goal is to make us safer, and we believe this helps us do that.

Mr. KERRY. I thank the Chair.

Mr. KERRY

Mr. KERRY. Madam President, first, if I can interrupt for a moment before the Senator from North Dakota speaks, according to the prior order. I want to inform Senators that it is now 1:15. We are awaiting language which is forthcoming relatively soon on the 9/11 issue. I think it is the intention of the majority leader to vote very quickly after that unanimous consent agreement comes together. That means we could have a vote, conceivably, on the final passage of the resolution of ratification on the treaty somewhere--this is a guess--within the vicinity of 1:45 to 2 o'clock. That is a guess. Senator Kyl I know wanted to speak prior to that taking place. We are trying to preserve that within the order. That said, I yield to the Senator from North Dakota.