S10982 CONGRESSIONAL RECORD — SENATE November 16, 2006 Offender Services Agency, CSOSA, a UNITED STATES-INDIA PEACEFUL tion on the forthcoming 123 Agree- Federal entity providing offender and ATOMIC ENERGY COOPERATION ment. Unlike the adminisiration’s defendant oversight in the District. I ACT original legislative proposal, this bill commend my colleagues for including a Mr. LUGAR. Madam President, I ask preserves congressional prerogatives provision in this bill to ensure the that the bill S. 3709, the United States- with regard to consideration of a fu- CSOSA will remain on reservation 13 in India Peaceful Atomic Energy Coopera- ture 123 Agreement. Under the admin- a facility which the Federal govern- tion Act, be called up and be the pend- istration’s original proposal, the 123 ment has provided significant re- ing business. Agreement would have entered into sources to renovate. They are doing a The PRESIDING OFFICER. Under force 90 days after submission unless tremendous job to ensure that offend- the previous order, the Senate will pro- both houses of congress voted against ers returning to the city are prepared ceed to the consideration of S. 3709, it, and with majorities that could over- for the challenges that face them and which the clerk will report. come a likely Presidential veto. I am should continue that good work. The clerk will report the bill by title. pleased the administration changed In addition, I emphasize my strong The legislation clerk read as follows: course on this matter and agreed to support for youth recreation and edu- A bill (S. 3709) to exempt from certain re- submit the 123 Agreement with India to cation opportunities in this bill. Prop- quirements of the Atomic Energy Act of 1954 Congress under normal procedures. erties all along the Anacostia River United States exports of nuclear materials, This means that both the House and and elsewhere will now be under the equipment, and technology to India, and to the Senate must cast a positive vote of District’s control to develop and I implement the United States Additional support before the 123 Agreement can strongly encourage them to commit to Protocol. enter into force. reserving a portion of each property for The PRESIDING OFFICER. The Sen- In our view, this better protects youth recreation. We all know the ator from Indiana is recognized. Congress’s role in the process and en- health benefits to children being out- Mr. LUGAR. Madam President, today sures congressional views will be taken doors, whether in organized sports or the Senate begins consideration of leg- into consideration. the chance to learn about the environ- islation on the U.S.-India Civilian Nu- I thank Senator BIDEN for his close ment. There are many tremendous clear Agreement. This agreement is the cooperation on developing this impor- youth sports organizations in DC that most important strategic diplomatic tant bill. It reflects our shared views boost kids’ self-esteem and oftentimes initiative undertaken by President and concerns. He and his staff were val- provide educational support or men- Bush. By concluding this pact and the uable partners in the drafting of this toring at no cost to low income chil- far-reaching set of cooperative agree- legislation, and the final product is dren. Particularly in an urban area ments that accompany it, the Presi- much improved because of their ef- where space is limited it is critical dent has embraced a long-term outlook forts. Together, we have constructed a that the District commit to providing that seeks to enhance the core bill that allows the U.S. to seize an im- opportunities for youth to be outdoors. strength of our foreign policy in a way portant strategic opportunity, while I recognize the important need for that will give us new diplomatic op- ensuring a strong congressional over- outreach to the poorest and most vul- tions and improve global stability. sight role, reinforcing U.S. non- nerable children in DC. I strongly urge The Committee on Foreign Relations proliferation efforts, and maintaining the Anacostia Waterfront Corporation undertook an extensive review of this our responsibilities under the NPT. I to form a partnership with a DC-based agreement. We held four public hear- also want to thank all members of the organization whose mission is to pro- ings with testimony from 17 witnesses, Foreign Relations Committee for their vide environmental education to chil- including Secretary of State Condole- support, and the work of their staffs, in dren in natural and historic settings, ezza Rice. We received a classified crafting a bill that received the over- and particularly to underserved popu- briefing from Undersecretaries of State whelming support of the committee lations. In my work with the District I Nick Burns and Bob Joseph. Numerous last June. have always encouraged partnerships briefings were held for staff with ex- For the benefit of Senators, I offer with community organizations who perts from the Congressional Research the following section by section anal- know the need and how best to meet it Service, the State Department, and the ysis. and this is a perfect opportunity to cre- National Security Council. I submitted Section 101 identifies the bill as the ate new vibrant partnerships to benefit 174 written questions for the record to U.S.-India Peaceful Atomic Energy and the community. the Department of State on details of U.S. Additional Protocol Implementa- I thank Senators COLLINS, VOINOVICH, the agreement and posted the answers tion Act. Sections 102 and 103 of the LIEBERMAN, and AKAKA for their hard on the committee web site. Lugar-Biden bill include sense of the work on this legislation over the past The agreement allows India to re- Congress provisions on U.S.-India rela- year. The base of the bill was proposed ceive nuclear fuel, technology, and re- tions and policy declarations. These by the administration in 2005 and we actors from the United States—bene- provisions give voice to a set of impor- have worked collaboratively with the fits that were previously denied to tant policy issues involving bilateral District government and the Federal India because of its status outside the relations, democratic values, nuclear agencies holding property in the city Nuclear Non-proliferation Treaty— non-proliferation regimes, fissile mate- to develop a sensible approach. I sup- NPT. This pact is a lasting incentive rial production in South Asia, and sup- port the goals of this bill to rationalize for India to abstain from further nu- port for IAEA safeguards and the Nu- property in the District and I encour- clear weapons tests and to cooperate clear Suppliers Group. All of these con- age city leaders to ensure youth have a closely with the United States in stop- cerns are reinforced by the bill’s com- place to play in their plans for the ping proliferation. prehensive reporting requirements. property. I urge passage of H.R. 3699 The bill before us is an important Section 104 provides waiver authority and thank the authorizing committee step toward implementing the nuclear from provisions in the Atomic Energy for their work. agreement with India, but we should Act and removes the prohibition on co- Mr. LUGAR. Madam President, I fur- understand that it is not the final step operating with India due to its 1998 ther ask unanimous consent that the in the process. This legislation sets the weapons tests and its existing weapons bill be read three times and passed, the rules for subsequent congressional con- program. At the same time, section 129 motion to reconsider be laid upon the sideration of a so-called 123 Agreement of the Atomic Energy Act, which is table with no intervening action or de- between the U.S. and India. A 123 preserved under the Lugar-Biden bill, bate, and that statements relating to Agreement is the term for a peaceful terminates nuclear cooperation if India the measure be printed in the RECORD. nuclear cooperation pact with a foreign conducts a nuclear test, proliferates The PRESIDING OFFICER. Without country under the conditions outlined nuclear weapons or materials, or objection, it is so ordered. in section 123 of the Atomic Energy breaks its agreements with the IAEA The bill (H.R. 3699) was ordered to a Act. or the United States. third reading, was read the third time, Our legislation does not restrict nor Section 105 of our proposal adopts all and passed. does it predetermine congressional ac- of the administration’s requirements

VerDate Aug 31 2005 05:29 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.003 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S10983 to ensure that India is meeting its non- The Committee approved this legisla- The Indian government has expressed proliferation commitments. In addi- tion with a bipartisan vote of 16 to 2. concern about section 106 of our bill. tion, we require that decisions in the Furthermore 15 members of the com- This section prohibits the export of Nuclear Suppliers Group enabling nu- mittee asked to be named as original any equipment, materials or tech- clear trade with India are made by con- cosponsors. Since that time, additional nology related to the enrichment of sensus and consistent with its rules. Senators have requested to be added as uranium, the reprocessing of spent Our aim is to ensure that this multilat- cosponsors. fuel, or the production of heavy water. eral organization will continue to play Due to the fact that the legislation These technologies are not purely ci- a vital role in global nonproliferation was an original bill, the Parliamen- vilian in nature. They are considered efforts. tarian ruled that cosponsors were not critical elements to a modern nuclear Section 106 prohibits exports of permitted. This is unfortunate because weapons program. equipment, materials or technology re- the amount of support our legislation This provision in our bill is entirely lated to the enrichment of uranium, has received is impressive. I appreciate consistent with President Bush’s policy the reprocessing of spent nuclear fuel, the strong support of Senators BIDEN, announcement on this matter at the or the production of heavy water. The HAGEL, CHAFEE, ALLEN, COLEMAN, National Defense University on Feb- provision allows narrow exceptions for VOINOVICH, ALEXANDER, SUNUNU, MUR- ruary 11, 2004. In his speech, the Presi- the export of these items from the KOWSKI, MARTINEZ, DODD, KERRY, NEL- dent said: United States to India if they are for SON, OBAMA, CORNYN, BAYH, HUTCHISON, The 40 nations of the Nuclear Suppliers proliferation-resistant activities that DEWINE, and LOTT. Group should refuse to sell enrichment and involve the United States or have the During our markup, the committee reprocessing equipment and technologies to sponsorship of a recognized inter- rejected an amendment offered by Sen- any state that does not already possess full- national body such as the IAEA. This ator FEINGOLD. Under the amendment, scale, functioning enrichment and reprocess- provision is consistent with the admin- the President would have had to deter- ing plants. This step will prevent new states istration’s policy regarding such trans- mine with absolute certainty that no from developing the means to produce fissile fers. It would allow cooperation in sen- U.S. nuclear fuel exports to India could material for nuclear bombs. Proliferators sitive nuclear areas only if such co- must not be allowed to cynically manipulate increase its production of fissile mate- the NPT to acquire the material and infra- operation could be implemented with rials for weapons. New Delhi would structure necessary for manufacturing ille- no risk of proliferation. rightly see this as moving the goal- gal weapons. Section 107 requires the creation of a posts—an unacceptable unilateral al- President Bush also said that ‘‘en- system to ensure that no items ex- teration of the pact. If the Feingold richment and reprocessing are not nec- ported to India are diverted to any uses amendment or others like it are in- essary for nations seeking to harness that are not peaceful. This section cluded in the final legislation, they nuclear energy for peaceful purposes.’’ seeks to ensure U.S. compliance with would effectively kill the U.S.-India In response to questions for the our NPT obligations. Agreement. record that I submitted, Under Secre- Section 108 requires annual Presi- I would have preferred that the U.S.- taries of State Bob Joseph and Nick dential certifications that India is India Agreement had included a com- Burns amplified this administration meeting its commitments under the mitment by New Delhi to stop making policy as it applies to the nuclear July 2005 Joint Statement, its Separa- nuclear bomb materials, but negotia- agreement with India. They said: tion Plan, New Delhi’s Safeguards tions did not yield that result. Instead, Agreement and additional protocol For the United States, ‘‘full civil nuclear the Bush administration won an impor- cooperation’’ with India means trade in most with the IAEA, the 123 Agreement, and tant commitment to negotiate a civil nuclear technologies, including fuel and applicable U.S. laws regarding U.S. ex- Fissile Material Cutoff Treaty. Such a reactors. But we do not intend to provide en- ports to India. The President must also multilateral approach is the best way richment or reprocessing technology to certify on an annual basis that U.S. to reduce nuclear tensions and threats India. As the President said in February 2004, trade with India in these areas remains associated with an arms race in South ‘‘enrichment and reprocessing are not nec- in the national security interests of Asia. essary for nations seeking to harness nuclear the United States. The Lugar-Biden bill declares it the energy for peaceful purposes.’’ We do not Section 109 requires that no action be currently provide enrichment or reprocess- policy of the United States to achieve ing equipment to any country. We will also undertaken under this act that could as quickly as possible a cessation of violate any U.S. obligation under the need to ensure that any cooperation is fully the production of fissile materials for consistent with U.S. obligations under the NPT. Section 110 explicitly stipulates nuclear weapons by India and Paki- NPT not to in any way assist India’s nuclear that if India conducts a nuclear test, stan. Our bill also includes an annual weapons program, and with provisions of U.S.-India civilian nuclear cooperation reporting requirement detailing: U.S. law. is terminated. Finally, sections 111 and United States efforts to promote national Under Secretaries Burns and Joseph 112 clarify India’s Missile Technology or regional progress by India and Pakistan in also answered that: Control Regime status under U.S. law disclosing, securing, capping, and reducing We do not export enrichment or reprocess- and various terms used in the bill. their fissile material stockpiles, pending cre- ing technology to any state. Therefore, full The U.S.-Indian agreement resulted ation of a world-wide fissile material cut-off civil nuclear cooperation with India will not from a delicately balanced negotiation. regime, including the institution of a Fissile include enrichment or reprocessing tech- Neither side got everything it wanted. Material Cut-off Treaty. nology. Nevertheless, the Bush administration I will oppose amendments that delay This answer is especially significant, and the Indian government came to the or impose additional conditions on the since the phrase ‘‘full civil nuclear en- conclusion that the agreement was in agreement before it can enter into ergy cooperation’’ is the phrase taken the national security interest of both force. The Senate will not advance U.S. directly from the July 2005 joint state- countries. I urge Senators to vote in national security in this case by mak- ment. favor of this legislation without condi- ing the perfect the enemy of the good. In response to a question for the tions that would kill the agreement. We should not hold up the significant record that I submitted to Secretary I would also note that Senator BIDEN nonproliferation gains afforded by this Rice, she responded: and I included an important piece of initiative in order to seek a fissile ma- The U.S. does not foresee transferring nonproliferation legislation in the bill terial cap that India has indicated it heavy water production equipment or tech- as title II. In 2004, the Senate ratified will not consider absent similar com- nology to India, and the draft bilateral the IAEA Additional Protocol, but mitments by Pakistan and China. peaceful nuclear cooperation agreement ac- Congress did not pass implementing The United States and India have en- cordingly makes no provisions for such legislation that is required for the gaged in initial discussions on a multi- transfers. treaty to go into effect. President Bush lateral Fissile Material Cutoff Treaty, Our committee bill, S. 3709, does not has called on the Senate to act on this FMCT, to be negotiated in the con- break any new ground in this area. important matter, and the committee ference on disarmament. We should This is not a new subject. The answers voted unanimously in favor of this bill press for rapid progress in that con- to these questions have been on the in March. text. committee’s Web site for months.

VerDate Aug 31 2005 00:57 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.016 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S10984 CONGRESSIONAL RECORD — SENATE November 16, 2006 Nothing in this bill deviates from the with China. Under Secretary Joseph there are increased rights granted to President’s policy, and we even go one testified before the committee that, the IAEA for the conduct of inspec- step further by allowing the flexibility while the 123 Agreement with India tions in the United States, although to export those items from the United will not provide for full-scope safe- there are increased rights granted to States for proliferation-resistant ac- guards, it ‘‘will allow for appropriate the IAEA for the conduct of inspec- tivities with the U.S. or under inter- controls to help ensure that material tions in the United States, the admin- national cooperation. I support section or goods provided for civilian purposes istration has assured the Foreign Rela- 106, and I think it is important that we remain within the civilian sector.’’ So tions Committee that the likelihood of take the strong and definitive state- nothing in section 107 would be incon- an inspection occurring in our country ments made by President Bush, Sec- sistent with what may be concluded in is very low. Moreover, even if an in- retary Rice, Under Secretary of State the 123 Agreement with India itself. spection under the Additional Protocol Nick Burns, and Under Secretary of Title II of the bill includes the com- is requested, the United States has the State Robert Joseph and put them into mittee’s IAEA Additional Protocol Im- full right, through the National Secu- law. plementing Legislation. This title per- rity Exclusion, to prevent the inspec- The Indian government has also ex- mits the Additional Protocol the U.S. tion if we determine that it could be pressed concern about section 107, has concluded with the IAEA to go into potentially harmful to U.S. national which requires an end-use monitoring effect. security interests. program to be carried out with respect In President Bush’s 2004 speech at the On July 26, 2006, the National Secu- to U.S. exports and re-exports of nu- National Defense University, he called rity Adviser, Steve Hadley, expressed clear materials, equipment, and tech- on the Senate to ratify the U.S. Addi- the administration’s support for the nology sold or leased to India. Some tional Protocol with the IAEA. He said: language in title II. He wrote: have argued that this provision is not We must ensure that the IAEA has all the The Administration urges both Houses of needed because IAEA safeguards would tools it needs to fulfill its essential mandate. Congress to act to complete expeditious ac- verify the use of any U.S. exports to America and other nations support what is tion on implementing legislation to enable India. IAEA safeguards only apply, called the Additional Protocol, which re- the United States to meet its obligations quires states to declare a broad range of nu- however, to nuclear materials, not to under the Additional Protocol. clear activities and facilities, and allow the More recently, President Bush’s As- nuclear technology. Sensitive tech- IAEA to inspect those facilities . . . Nations nology of the kind the United States that are serious about fighting proliferation sistant Secretary of State for Inter- might export to India that can be used will approve and implement the Additional national Security and Nonprolifera- in India’s civilian nuclear program Protocol. I’ve submitted the Additional Pro- tion, John Rood, testified at his con- could also advance India’s nuclear tocol to the Senate. I urge the Senate to con- firmation hearing that the administra- weapons program. sent immediately to its ratification. tion strongly supports the Additional This type of end-use system is not The Committee on Foreign Relations Protocol and that it is important that without precedent, as Congress re- voted unanimously to approve a resolu- the United States pass implementing quired similar recordkeeping for nu- tion of ratification on the U.S. Addi- legislation. clear cooperation with China. tional Protocol on March 4, 2004, and I am pleased to report that a com- An end-use monitoring program can the full Senate approved it on March 31 promise was reached between the ad- provide increased confidence in India’s by unanimous consent in 2004. ministration, the Committee on For- separation of its civilian and military Unfortunately the Additional Pro- eign Relations, and those Senators who nuclear programs. It also would further tocol is not self-executing. Congress expressed concerns about the IAEA Ad- ensure United States compliance with must adopt implementing legislation ditional Protocol implementing legis- article I of the Nuclear Non-Prolifera- for the United States to submit its in- lation. This is an important step for tion Treaty. struments of ratification. In other U.S. nonproliferation policy, and I The provision is not intended to cast words, implementing legislation must thank all of the parties involved in the doubt on the sincerity of India’s July be passed before the Additional Pro- discussions for their support of those 18 Joint Statement commitments or its tocol can go into effect. The Com- efforts. March and May 2006 separation docu- mittee on Foreign Relations unani- In conclusion, Madam President, I ments. Rather, the committee believes mously approved the implementing urge my colleagues to approve the that by building and establishing a spe- legislation on March 4, 2006, but efforts U.S.-India agreement. This legislation cial program with India, the resulting to pass the legislation in the full Sen- will allow the United States to engage coordination between India and U.S. ate have been unsuccessful due to holds in peaceful nuclear cooperation while regulatory agencies can provide a basis placed by several Senators. safeguarding U.S. national security for even greater cooperation and com- At a time when the administration and nonproliferation efforts, as well as merce between the two nations. and the Congress are demanding that congressional prerogatives. It is an op- Section 107 would confirm that only India conclude such an Additional Pro- portunity to build a vital strategic authorized recipients are receiving nu- tocol as part of its overall nuclear ar- partnership with a nation that shares clear technology; that the nuclear rangements, Congress must muster the our democratic values and will exert technology identified for transfer will political will to act on the imple- increasing influence on the world be used only for peaceful safeguarded menting legislation. Our credibility as stage. We should move forward now. nuclear activities; that the nuclear the leader of global nonproliferation ef- I thank the Chair, yield the floor, technology identified for transfer will forts is at stake. Along with many and suggest the absence of a quorum. not be retransferred without the prior other nations, we are asking the IAEA The PRESIDING OFFICER. The consent of the United States; and that to perform critical functions aimed at clerk will call the roll. facilities, equipment, or materials de- preventing nuclear proliferation. An ef- The assistant legislative clerk pro- rived through the use of transferred fective IAEA is very much in the na- ceeded to call the roll. technology will not be transferred tional security interest of the United Mr. LUGAR. Madam President, I ask without the prior consent of the United States. unanimous consent that the order for States. Some Senators expressed concern the quorum call be rescinded. This section also requires that, in the that the Additional Protocol and the The PRESIDING OFFICER. Without absence of IAEA safeguards, the U.S. implementing legislation will make it objection, it is so ordered. and India must arrange a bilateral sys- possible, even likely, that inter- AMENDMENT NO. 5168 tem to ensure that safeguards in India national inspectors will learn secrets (Purpose: In the nature of a substitute) remain on U.S. exports and re-exports about our nuclear weapons program. Mr. LUGAR. Madam President, I in perpetuity. Let me state clearly, nothing could be send a managers’ amendment to the Section 107 requirements could be further from the truth. The Additional desk that has been cleared on both met by applying to India those meas- Protocol does not contain any new sides. ures already governing atomic energy arms control or disarmament obliga- The PRESIDING OFFICER. The cooperation under the 123 Agreement tions for the United States. Although clerk will report.

VerDate Aug 31 2005 02:58 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.002 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S10985 The assistant legislative clerk read the chairman of the Foreign Relations the contribution of nuclear power will as follows: Committee. I have supported him in be greater, and India’s leaders across The Senator from Indiana [Mr. LUGAR] pro- those efforts for years. the political spectrum see nuclear poses an amendment numbered 5168. I urge my colleagues to take a real power as an important and necessary (The amendment is printed in today’s close look at the argument that is contributor to their country’s eco- RECORD under ‘‘Text of Amendments.’’) being made by some that this is going nomic progress. Mr. LUGAR. Madam President, I to promote the proliferation of nuclear The Agreement on Nuclear Coopera- urge the amendment’s adoption. weapons. The fact is, I believe it will tion negotiated by President Bush and The PRESIDING OFFICER. The not. Prime Minister Singh in July of 2005 amendment is agreed to as original I am going to urge my colleagues at cannot be implemented unless Congress text. the appropriate time to support this approves changes in U.S. law. So we in The amendment (No. 5168) was agreed bill. It has been a cliche to speak of the the Senate must now address both the to. United States-India relationship as a opportunities and the nonproliferation AMENDMENT NO. 5169 bond between the world’s two oldest issues raised by that agreement. The Mr. LUGAR. Madam President, I democracies and the world’s two larg- administration proposed that we treat send an amendment to the desk that est democracies, but this cliche is also the United States-India Nuclear Co- has been cleared on both sides of the a fact. Shared political values are the operation Agreement as if it met all aisle. foundation of our relationship and, I the requirements of section 123 of the The PRESIDING OFFICER. The would argue, the raison d’etre for tak- Atomic Energy Act. In fact, it does clerk will report. ing a chance for those who are doubtful not. There is no way, of course, that The assistant legislative clerk read on this treaty. Both the United States India, with a nuclear weapons program as follows: and India believe in the dignity of man that is outside the Nuclear Non-Pro- The Senator from Indiana [Mr. LUGAR], for and the consent of the governed. Both liferation Treaty, could meet these re- Mr. OBAMA, proposes an amendment num- countries are multiethnic and multi- quirements. I compliment my chair- bered 5169. religious. Both countries seek eco- man for making it clear to the admin- The amendment is as follows: nomic and social betterment for their istration that was a nonstarter. (Purpose: To clarify United States policy in people and believe that it is best Were Congress to accept the adminis- order to deter nuclear testing by foreign achieved through peaceful change, both tration’s proposal, it would lose any governments) domestically and externally. If that real ability to influence a nuclear At the appropriate place in title I, insert were the whole story, however, it agreement with India. The agreement the following new section: would not have taken us six decades to would be sent to Congress, but we SEC. ll. UNITED STATES POLICY REGARDING get to the moment we are now. would have to enact a motion to dis- THE PROVISION OF NUCLEAR For much of the last 60 years, the po- approve over a likely Presidential veto POWER REACTOR FUEL RESERVE TO INDIA. litical structures were trumped by geo- within 90 days in order to stop any It is the policy of the United States that political ones. Democracy in demo- agreement from entering into effect. any nuclear power reactor fuel reserve pro- cratic India was often closer to the So- That would be a gigantic usurpation of vided to the Government of India for use in viet Union, while the United States our responsibility. The Foreign Rela- safeguarded civilian nuclear facilities should often favored India’s rival Pakistan, tions Committee, under the leadership be commensurate with reasonable reactor particularly during the most undemo- of the chairman, rejected this ap- operating requirements. cratic phase of Pakistan’s national his- proach, as did the House of Representa- Mr. LUGAR. I urge the amendment’s tory. That alignment was an anomaly tives. adoption. of the cold war. Today the United The bill before us today would re- The PRESIDING OFFICER. The States and Pakistan are important al- quire, instead, an affirmative vote of question is on agreeing to the amend- lies in the war on terror and, at the Congress before a United States-India ment. same time, today the national inter- Nuclear Cooperation Agreement can The amendment (No. 5169) was agreed enter into effect. Section 3709 provides ests of the United States and India are to. expedited procedures for the resolution in concert, perhaps more than any time Mr. LUGAR. I move to reconsider the to approve such a United States-India in the past. India and the United vote, and I move to lay that motion on agreement. That resolution would not States are both status quo powers, at the table. contain any conditions, and it could least regarding territory. Neither of us The motion to lay on the table was not be amended. But if Congress found has any claim on any neighboring piece agreed to. the Nuclear Cooperation Agreement Mr. LUGAR. I thank the Chair and of real estate. We face similar chal- wanting in some respect, it could ei- suggest the absence of a quorum. lenges from extremists and terrorists; ther reject the expedited resolution or The PRESIDING OFFICER. The in some cases, from the same terrorist approval or pass a different resolution clerk will call the roll. groups and same individuals. We share that did contain conditions. That is The assistant legislative clerk pro- a common desire for stability and the what Congress did with the United ceeded to call the roll. spread of liberal democracy throughout States-China Nuclear Cooperation Mr. BIDEN. Madam President, I ask Asia and, indeed, throughout the Agreement in 1985. So this bill protects unanimous consent that the order for world. And we share a concern about congressional powers not for the sake the quorum call be rescinded. the world’s need for energy, especially of protecting congressional powers, as The PRESIDING OFFICER. Without energy that does not increase the speed if we were interested in turf; it pro- objection, it is so ordered. and risk of global warming. tects the balance of power, the separa- Mr. BIDEN. Madam President, today The need for new energy supplies is tion of power, which is essential in the the Senate is engaged in a truly his- an important underpinning of the formulation of a policy, including for- toric process. When we pass this bill— issues before us today, legislation eign policy. At the same time, it offers and I expect we will do that—America opening the way for civil nuclear co- procedures that will expedite approval will take a giant step closer to approv- operation between the United States of a good agreement. ing a major shift in United States- and India. In time, I hope India’s bur- Section 3907 also allows the President India relations. If we are right, this geoning energy needs will prove a spur to waive section 128 of the Atomic En- shift will increase the prospects for to a wide variety of alternatives to fos- ergy Act, which provides for annual stability and progress in South Asia sil fuels, including solar, wind, and submission of one export license to and, I would argue, the world at large. biofuel. On many of these, India has al- Congress. That provision has never The Committee on Foreign Relations ready begun to move, but at present, been used and would be of little benefit has worked to move this project for- nuclear power is a vital part of India’s to Congress, as a sale could be blocked ward, while safeguarding the role of energy equation. It is likely to grow in only if a resolution of disapproval were Congress and minimizing any harm to significance in the years to come. Ex- enacted, again, over the likelihood of a nuclear nonproliferation policies and perts note correctly that nuclear power Presidential veto. institutions. There is no one who has will still provide only a small portion The administration argued that sec- been stronger in dealing with the issue of India’s energy consumption even tion 128, while giving Congress little of nonproliferation than my colleague, when this passes. But at the margin, real power, would harm U.S. industry

VerDate Aug 31 2005 05:29 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.017 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S10986 CONGRESSIONAL RECORD — SENATE November 16, 2006 by creating an annual event that would Look, if India does any of those technology related to the enrichment frighten both the customer and the in- things, then the premise upon which of uranium, the reprocessing of spent vestor from proceeding. We agreed, and we have dealt with a good friend and nuclear fuel, or the production of this bill includes a section 128 waiver neighbor was falsely relied upon. I be- heavy water.’’ That is because these provision that the administration re- lieve India understands the con- technologies are all used to produce quested. Chairman LUGAR and I yield sequence of this bilateral relationship fissile material for nuclear weapons. In to nobody in our commitment to non- as profoundly as we do. If I am wrong fact, the administration already has a proliferation, and no one has a stronger about that and India were to do any or worldwide policy of not exporting these record on this than Senator LUGAR. We all of the four things I just named, it technologies. Section 106 merely makes believe we have presented to this body would clearly violate the spirit of this that a legal requirement in this case. a bill that allows civil nuclear coopera- agreement, part of which, as all agree- Because section 106 makes this a tion with India to proceed and ends In- ments ultimately are, is based on some legal requirement, we also added two dia’s nuclear isolation, but it does so sense of comity and trust. exemptions. One would be for a pro- without seriously jeopardizing the This bill requires that India sign a gram such as the Global Nuclear En- hard-won nonproliferation gains of safeguards agreement with the IAEA ergy Partnership, which is to develop a nearly the last four decades. and negotiate an additional protocol as new generation of proliferation-resist- Specifically, our aims have been as well. It requires the President to cer- ant nuclear facilities. In other words, follows: tify, moreover, that the safeguards the second exemption would be for a fa- To preserve the right of Congress to agreement is ‘‘in accordance with cility in an IAEA-approved program to conduct a meaningful review of the IAEA standards, principles, and prac- provide alternatives to national fuel peaceful nuclear cooperation agree- tices.’’ The President must certify to cycle capability. For example, there ment that India and the United States that effect. might some day be a South Asian re- are negotiating; secondly, to ensure We understand that India, having nu- gional uranium enrichment facility that such nuclear cooperation is used clear weapons, will not accept full- under IAEA auspices. exclusively in India’s civil nuclear pro- scope safeguards. But the language in Some Indian officials are reportedly gram and that India continues to be a this bill makes clear our expectation upset because section 106 singles out ‘‘good citizen’’ when it comes to non- that the safeguards agreement India India. But they have long known that proliferation, as it has been; to pre- works out with the IAEA will guard ef- it is U.S. policy not to sell them these serve the role and procedures of the fectively against diversion of foreign technologies, so this is a matter more Nuclear Suppliers Group and of the nuclear material and technology to In- of pride than of substance, which I International Atomic Energy Agency; dia’s military program. hope they deal with. I would not object and to do all this without requiring Section 3709 also requires the Presi- to making section 106 apply worldwide, any renegotiation of the United States- dent to certify that the Nuclear Sup- but we believed this was too large a India treaty deal. pliers Group has decided to permit civil step to take in this bill. I would think Look, every time we have a treaty nuclear commerce with India and that it should apply worldwide. presented to us in the Senate, there are the NSG, Nuclear Suppliers Group, de- Section 107 requires a program to those of us, including my friend from cision was made by consensus. We do maintain accountability with respect North Dakota who is on the Senate not want to damage the Nuclear Sup- to nuclear materials, equipment, and floor, who believe we can probably do it pliers Group, which has been a vital in- technology that we sell, lease, export, better. We believe we could have got- stitution in our fight against nuclear or reexport to India. This program ten a better deal. We believe we could proliferation. So this bill protects the would include end-use monitoring con- have gotten a treaty that was even bet- Nuclear Suppliers Group’s role in gov- ditions, as appropriate. A similar pro- ter than the one that exists. But the erning peaceful nuclear commerce. gram exists for U.S. nuclear exports to old expression is that we cannot let the The administration has said repeat- China. Such a monitoring program perfect be the enemy of the good. edly that this is an India nuclear deal, would enhance confidence in India’s It wasn’t really very easy to do what not intended to permit nuclear com- separation of its civilian and military we set out to do, but I truly believe we merce with Pakistan or Israel—the nuclear programs. It would also further have succeeded in the points I have only other states that never signed the ensure U.S. compliance with article I just made. There is a reason this bill NPT. The committee’s bill incor- of the nonproliferation treaty. was reported out of committee with a porates that distinction by requiring Indian officials are reportedly upset 16-to-2 margin; we did really try to ad- the President to certify that the NSG— that American personnel might need to dress the major nonproliferation con- Nuclear Suppliers Group—decision does visit India’s nuclear sites. It should cerns legitimately raised by colleagues not permit nuclear commerce with any come as no surprise, however, that we in the committee. other state that does not accept full- need to ensure that U.S. nuclear mate- The Foreign Relations Committee scope safeguards. rials, equipment, and technology are did not endorse, for example, the ad- The NSG is not likely to single out not diverted to military uses. ministration’s request for broad waiver India as an exception to its guidelines. The purpose of section 107 is not to authority regarding section 129 of the Rather, it will create tests that a non- impose new conditions upon India but, Atomic Energy Act. That section ter- NPT state must meet before nuclear rather, to make sure the executive minates nuclear exports to a country commerce with the country may take branch doesn’t forget its obligation to under certain circumstances. The ad- place. The committee believes that guard against diversion. That obliga- ministration did not want that in such a test should be substantial, so tion is already U.S. policy. It also flows place. that the countries outside the NPT are from article I of the nonproliferation The committee agreed that the Presi- not all given the same benefits as the treaty, which requires nuclear weapon dent needs the right to waive those nonnuclear weapon states inside the states not to assist nonnuclear weapon portions of section 129 which would end treaty. Thus, the bill before us today is states ‘‘in any way’’ to manufacture exports because India has a nuclear designed to maintain important non- nuclear weapons. And India remains a weapons program or because it has proliferation policies that have served nonnuclear weapons state under both tested nuclear devices in the past. But our country well. the NPT and U.S. law, despite the fact section 3709 doesn’t grant a waiver au- With regard to sections 106 and 107, that now it does have nuclear weapons. thority regarding those portions of sec- two sections of this bill, they have I hope that in conference we can ad- tion 129 which would end nuclear ex- been cited by some Indian officials as just the wording of section 107 to cor- ports if India were to, 1, test a nuclear causing concern. I will address these rect any potential misunderstanding of device in the future; 2, terminate or sections, as I do not believe such con- its effect, which is not intended to be materially violate the IAEA safeguard; cern is merited. onerous. I also hope that Indian offi- 3, materially violate its agreement Section 106 in the agreement bars the cials will understand the U.S. need to with the United States, or engage in executive branch from exporting to embark upon nuclear commerce with nuclear proliferation. India ‘‘any equipment, materials, or India in a manner that maintains our

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I believe companies from exporting dual-use of nonproliferation, stopping the the bill reported out by the Foreign chemicals and equipment to countries spread of nuclear weapons at a time Relations Committee does that in a such as Iran because those exports are when we have terrorism in this world most reasonable manner and that it not banned by the Chemical Weapons that we worry could result in a ter- will provide a strong foundation for a Convention. rorist organization acquiring a nuclear new beginning in United States-Indian Other leading countries have con- weapon and detonating a nuclear weap- relations. cluded that unrestrained exports of on in a major American city. The United States-Indian agreement items that could be used to produce Mr. President, I ask unanimous con- is much more than just a nuclear deal, chemical or biological weapons and ad- sent to show a couple of items on the though, Mr. President. I believe histo- vanced conventional weapons are a real floor of the Senate. rians will see this as a historic step, danger to world stability. It is my fer- The PRESIDING OFFICER. Without part of the dramatic and positive de- vent hope and prayer that India objection, it is so ordered. parture in United States-Indian rela- reaches that conclusion as well. It is Mr. DORGAN. Mr. President, my col- tionship that was begun by President time for them to adopt, in my opinion, league, Senator LUGAR, is someone who Clinton. the same approach to the dangers has been a real leader with Senator President Bush is to be commended posed by such proliferation. Nunn on the Nunn-Lugar program, for continuing and accelerating the India will not attain the respect and which I have been proud to support. It journey President Clinton started in status it seeks and deserves in the has been a program that has actually our relations with India. world unless it takes a willing and ac- reduced the number of nuclear weapons If I were asked to name the pillars tive role in preventing proliferation of and reduced the delivery systems for for security in the 21st century, India all kinds. The nuclear deal we are con- nuclear weapons. It is what we aspire and the United States would be two of sidering today is a sign, however, of to do. It is what our country should them. India and the United States, the world’s desire to bring India into lead the world in doing, and that is to working in cooperation toward the the fold. I hope India will use this deal step away from the proliferation of nu- same goal, can provide the beginning of as a departure point from which it will clear weapons and the building of new a strong foundation for a stable world. branch out to embrace all inter- nuclear weapons. And for the United States, no relation- national nonproliferation activities. It This is a piece of a wing strut from a ship, in my view, is more important will surely be welcomed if it does. Backfire bomber. This used to be flying than the United States-India relation- In my view, the bill before us is a vic- in the air, part of a wing strut from a ship maturing along the lines that tory for United States-India relation- Soviet Backfire bomber that likely have begun. ships. It is a victory for the quest to carryied nuclear weapons that threat- The ultimate success of this agree- move beyond fossil fuels. And it is a ened our country. We didn’t shoot this ment will rest on India’s willingness victory we have achieved while doing plane down. This wing strut was sawed and ability to reduce tensions with its our best to maintain the global effort off. The wing was destroyed. The plane nuclear neighbors and achieve nuclear to end proliferation. was destroyed. It was dismantled. stability. We all hope to see the day I believe, not guaranteed by this How did that happen? We actually when India and Pakistan voluntarily agreement, it will be also a point of de- paid for it. My colleagues, Senator reduce or end their fissile material pro- parture for India to rethink its role in Nunn and Senator LUGAR, proposed leg- duction, as the recognized NPT nuclear the world with regard to proliferation islation that allowed us to, with the weapons states already have done. of all kinds. I sincerely hope it does. Russians, actually begin to destroy and I hope especially that India will not I end where I began. I think United reduce delivery systems and nuclear use its peaceful nuclear commerce to States-India relations is two of the pil- weapons. So this bomber that carried a free up domestic uranium for increased lars upon which we have a chance—we nuclear weapon, presumably to threat- production of nuclear weapons. The have a chance, a real chance—to build en this country, doesn’t exist anymore. United States-India deal doesn’t bar a 21st century that is much more sta- A piece of its wing is in my desk draw- India from doing that. But such a nu- ble than the 20th century and to avoid er in the United States Senate. clear buildup—unless carried out in re- the carnage of the 20th century. It can- This is a vile of ground-up copper. sponse to a direct threat from its nu- not be done without India’s coopera- This used to be part of a Soviet sub- clear-armed neighbors—would be a tion, and it can be done with India’s marine, that prowled under the water gross abuse of the world’s trust, in my leadership. with missiles and warheads presumably view. It would sour relations between I thank my colleagues for listening. I aimed at U.S. cities. Yes, this used to India and the United States, just at a understand my friend from North Da- be a Soviet submarine carrying weap- time when both countries hope to build kota may have an amendment or may ons of mass destruction threatening upon a new foundation that has been wish to seek the floor. our country. laid in the past decade and which I re- I yield the floor. This was a hinge on a missile silo in spectfully suggest is in the over- The PRESIDING OFFICER. The Sen- the Ukraine, and that missile silo con- whelming self-interest of both coun- ator from North Dakota. tained a missile. That missile con- tries. Mr. DORGAN. Mr. President, I wish I tained nuclear warheads, presumably India and the world will also benefit were on the Senate floor today able to aimed at a U.S. military target or a if India embraces these critical non- be supportive of the chairman and U.S. city. This hinge, of course, is in proliferation standards. These include ranking member of the committee. my desk today, not in a field in the the Proliferation Security Initiative; They have both given persuasive and Ukraine. Where that missile used to the guidelines and policies of the Aus- eloquent statements about the matter. sit, there is no missile. There is no mis- tralia Group, which, I add, controls ex- I come to the floor of the Senate with sile silo. There are now sunflowers ports that could help countries build a different view. I come here very dis- planted in that field in the Ukraine. chemical or biological weapons; and appointed because I think we are begin- The Ukraine, Kazakhstan and the guidelines and policies of the ning down a very troublesome road for Belarus—all three countries—had sev- Wassenaar Arrangement, which com- this country. I want to talk a little eral thousand nuclear weapons and are bats the spread of advanced conven- about what all this means. now free of all nuclear weapons. tional weapons. I know the issue is not an issue that How did all that happen? Was it by India is a major world power. India rates at the top of the attention of the accident? No, no, it wasn’t. This coun- needs to—and will, I believe—step up to American people at the moment, this try embarked on a set of policies and this awesome responsibility. As an im- Government, or the press corps. This is proposals that resulted in the reduc- portant world power, it is important an issue about whether there will be tion of delivery systems and nuclear that support for the complete non- more nuclear weapons built in a world weapons. proliferation regime would make a gi- in which there are already too many Have we been enormously successful? gantic difference in the world. Cur- nuclear weapons. This is an issue in I have described some successes, but we

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.021 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S10988 CONGRESSIONAL RECORD — SENATE November 16, 2006 have, oh, probably 25,000 to 30,000 nu- strategists call the ‘‘problem from hell.’’ Un- there was a standoff, a mutually as- clear weapons remaining on this Earth. like the Cold War, when the United States sured destruction standoff, and al- Far too many—25,000 to 30,000 nuclear and the Soviet Union knew that an attack though both sides in that Cold War— weapons. We have much to do to step against the other would illicit a retaliatory the United States and the Soviet strike of greater measure, Al Qaeda—with no away from the abyss of having a ter- return address—had no such fear of reprisal. Union—possessed the most unbeliev- rorist organization or rogue nation ac- Even if the president were prepared to nego- ably powerful killing machines known quire nuclear weapons and threaten tiate, Al Qaeda had no phone number to call. to humankind, they were not used. Nei- our country or threaten the world. Clearly, no decision could be taken with- ther side ever used them. We have all experienced 9/11/2001 out much more information about the threat Fast-forward to today. The Cold War where several thousand innocent Amer- and those behind it. But how could Rice en- is over. President Bush, in fact, visited icans were murdered. That was an un- gage a wider circle of experts and analysts with the President Putin yesterday, in believable terrorist attack on our without the White House’s suspicions leak- Russia. Times have changed, but this ing to the press? A CNN flash that the White country. It could happen again with a House had information about an Al Qaeda world still has somewhere between nuclear weapon. We are going to spend nuclear weapon in Manhattan would create 25,000 and 30,000 nuclear weapons, the $9 billion or $10 billion this year build- chaos. New Yorkers would flee the city in loss of one of which could be cata- ing an antiballistic missile defense sys- terror, and residents of other metropolitan clysmic for this world. The detonation tem to create some sort of an elec- areas would panic. of one nuclear weapon in a major city tronic catcher’s mitt to catch an inter- I continue to quote: will change everything—everything— continental ballistic missile someone Concerned that Al Qaeda could have smug- and be a catastrophe unlike any we might aim at our country armed with a gled a nuclear weapon into Washington as have previously known. nuclear warhead. well, the president ordered Vice President If we have 25,000 or 30,000 nuclear That is one of the least likely threats Dick Cheney to leave the capital for an ‘‘un- weapons on this Earth, what is the re- our country faces. We are going to disclosed location,’’ where he would remain sponsibility of this great country? spend close to $10 billion for a threat for many weeks to follow. That was standard What is our responsibility? What bur- that is one of the least likely threats procedure to ensure ‘‘continuity of govern- den falls on our shoulders? I submit it ment’’. . . . Several hundred federal employ- we face. ees from more than a dozen government is the burden to provide world leader- The most likely threat, perhaps, in- agencies joined the vice president at this se- ship to stop the spread of nuclear weap- stead of an intercontinental ballistic cret site. . . . The president also imme- ons and to reduce the threat of nuclear missile coming in at 18,000 miles an diately dispatched NEST specialists (Nuclear weapons and to reduce the stockpile of hour aimed at an American city, is a Emergency Support Teams of scientists and nuclear weapons. That is our responsi- container ship pulling up to a dock in engineers) to New York City to search for bility. That responsibility falls on us. a major American city at 3 miles an the weapon. But no one in the city was in- How do we do that? Listen, our coun- hour with a container that contains a formed of the threat, not even Mayor Ru- try has provided leadership in a non- dolph Giuliani. weapon of mass destruction onboard, to As the CIA’s analysts examined proliferation treaty, the Nuclear Non- be detonated in the middle of an Amer- Dragonfire’s report and compared it with Proliferation Treaty, the test ban trea- ican city. other bits of information, they noted that ty. Our country has been moving al- Let me read for the RECORD, as I the attack on the World Trade Center in Sep- ways, telling the rest of the world we start—and I want to then talk about tember had set the bar higher for future ter- aspire to stop the spread of nuclear this specific agreement—I want to read rorist spectaculars. weapons. Now we live in this age of ter- an excerpt from Graham Allison’s I won’t read to the end. I ask unani- rorism where we see people who are book. He is at Harvard. He wrote a mous consent that this document be perfectly content to kill themselves. book called ‘‘Nuclear Terrorism: The printed in the RECORD at the end of my They don’t care. As long as they can Ultimate Preventable Catastrophe.’’ statement. take a weapon with them and kill I talk about 9/11/2001, several thou- The PRESIDING OFFICER. Without themselves and many others with sand Americans murdered by terror- objection, it is so ordered. them, it doesn’t matter to them. They ists. The detonation of a nuclear weap- (See exhibit 1.) are reaching for some higher glory, ap- on in an American city by a terrorist Mr. DORGAN. At the end of this parently. group will not mean several thousand process, they finally determined after In this age of terrorism, everything Americans being murdered; it could about a month that this was not a about nuclear weapons has changed. likely mean several hundred thousand credible threat. Dragonfire’s report The loss of one nuclear weapon, the Americans being murdered, or more. turned out not to be credible. loss of one anywhere on this globe to a Let me read to you from Graham But at the time they took the report terrorist organization is going to be Allison’s book. I am quoting: very seriously. They analyzed it this devastating. On October 11, 2001, a month to the day way: Was it possible that a Russian 10- So if that is the case, what does it after the terrorist assault on the World kiloton nuclear weapon could have have to do with what we are talking Trade Center and the Pentagon, President been stolen? Yes, it was possible. Is it about today? We are now talking today George W. Bush faced an even more terri- possible a terrorist group could have about a country called India. India is fying prospect. At that morning’s Presi- acquired it? Yes. Is it possible it could quite a remarkable place—a wonderful dential Daily Intelligence Briefing, George Tenet, the director of central intelligence, have been smuggled into New York country with wonderful people. It is a informed the president that a CIA agent City? The answer was yes. And, if so, big country. It is trying to build an code-named Dragonfire had reported that Al was it possible a terrorist group could economy. You can read some books Qaeda terrorists possessed a ten-kiloton nu- detonate a nuclear weapon in a major about what is going on in India and the clear bomb, evidently stolen from the Rus- American city? The answer was yes. discussions about progress—it is quite sian arsenal. According to Dragonfire, this This is not fiction. I am reading an a remarkable place. Our country as- nuclear weapon was now on American soil, in excerpt of a book of something that pires to have a better relationship with New York City. happened in October of 2001. India. I support that. I believe we The CIA had no independent confirmation of this report, but neither did it have any My greatest fear is that we do not ought to reach out to India and im- basis on which to dismiss it. Did Russia’s ar- yet understand the difference between prove our relationship, cement our re- senal include a large number of ten-kiloton what was and what is. What was, was a lationship. weapons? Yes. Could the Russian govern- standoff called the cold war in which I know there are some who see all of ment account for all the nuclear weapons the two major nuclear superpowers aimed the geopolitical relationships on this Soviet Union had built during the Cold War? massive numbers of nuclear warheads Earth as aligning one way or the other. No. Could Al Qaeda have acquired one or at each other, but understanding, We align with this country to be a more of these weapons? Yes. Could it have under the concept of mutually assured counterweight against this set of inter- smuggled a nuclear weapon through Amer- ican border controls in New York City with- destruction, called MAD, that if either ests, and it is kind of akin to teams. So out anyone’s knowledge? Yes. . . . attacked the other, the other would be I confess to you, I come here today not In the hours that followed, national secu- literally vaporized by an avalanche of perhaps understanding all of the so- rity adviser Condoleezza Rice analyzed what nuclear weapons. The result was that phisticated elements of counterweights

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In ance to these so-called nonnuclear believably surprised to read in the 1998, Osama bin Laden issued a state- States, unless they agree to put all of newspaper of the travels of Ambassador ment entitled ‘‘The Nuclear Bomb of their nuclear facilities under inter- Burns, someone for whom I have high Islam,’’ declaring: national safeguards and to give up the regard, and of the interest of Secretary It is the duty of Muslims to prepare as option of developing a nuclear weapon. of State Condoleezza Rice in going to much force as possible to terrorize the en- That has been our position. It has al- India and reaching a deal without con- emies of God. ways been our position. sulting Congress that I think begins to And Osama bin Laden’s spokesman Article I of the nonproliferation trea- unravel, and undermine several decades announced that the group aspires ‘‘to ty obligates the recognized nuclear of efforts in our country to tell the kill 4 million Americans, including 1 weapons States, including the United world: It is our responsibility and our million children,’’ in response to cas- States, to: major goal to stop the spread of nu- ualties supposedly inflicted on Muslims Not in any way assist, encourage, or induce clear weapons and try to reduce the by the United States and Israel. any non-nuclear weapons State to manufac- The more countries there are with ture or otherwise acquire nuclear weapons or number of nuclear weapons and reduce other nuclear explosive devices. the nuclear threat. nuclear weapons and weapons-grade That is Article I of the nonprolifera- We would not be in this position nuclear material and the more weapons tion treaty. We signed it. We helped today with this bill with India if India each of them has, the greater the write it. We supported it. It is what we had followed the example, for example, threat that one will be used by a rogue believe in. of South Africa. They secretly had nu- nation or will fall into the hands of ter- rorist groups. The United States helped form the clear weapons by the 1980s. But South Nuclear Suppliers Group in 1975 to help Africa dismantled them prior to the Now, frankly, we have not been very aggressive as a country in recent years prevent the misuse of peaceful nuclear transfer of power to the postapartheid technology. In 1978, we passed the Nu- government. Ukraine, Kazakhstan, and in stopping proliferation. Instead of talking about how we would reduce the clear Non-Proliferation Act, which re- Belarus had more than 4,000 nuclear stricts nuclear commerce with States weapons in those three countries when number of nuclear weapons, we were on the floor of the Senate, during previous that don’t agree to the full scope of the the Soviet Union was dissolved which safeguards. We pushed for U.N. Secu- they gave up in the years following. debates, talking about the fact that we need new nuclear weapons. Our country rity Council Resolution 1172 which con- And I must say that my colleague Sen- demned India’s and Pakistan’s 1998 nu- ator LUGAR and others had significant has said we need designer nuclear weapons; we need bunker-buster nu- clear tests and called upon them to successes in working with those three cease their nuclear weapons programs clear weapons. We have people openly countries to accomplish that. So and join the nonproliferation treaty as speaking about the desire in this coun- Ukraine, Kazakhstan, and Belarus are nonnuclear weapons states. We did try to build additional nuclear weap- all now free of nuclear weapons. that. Any nuclear deal—any relationship ons. In 1998, President Clinton imposed We attacked Iraq because we believed we have with another country that sanctions on both India and Pakistan, it possessed and was seeking nuclear deals with nuclear power and nuclear under section 102 of the Arms Control issues should be judged, in my opinion, weapons and weapons of mass destruc- Act, which requires sanctions on any on whether it reduces the number of tion. We are spending $10 billion a year, non-nuclear weapons state that has nuclear weapons. Does it reduce the as I said, on missile defense for fear detonated nuclear devices. nuclear weapons that exist or increase that North Korea already has nuclear Now, these policies did not stop In- them? It is quite clear that what we weapons. And we are talking about se- dia’s and Pakistan’s nuclear weapons are debating will result in an increase rious issues with Iran in order to try to programs, but they did restrain them in nuclear weapons in India. I don’t stop its nuclear program. And the No. 1 and they hindered them. In fact, that is think there is much doubt about that. nightmare is that a terrorist group precisely why we are here with respect This bill fails that test, in my judg- may acquire a nuclear weapon. No one to India. ment. in my judgment can credibly say that a The Bush administration has taken a Experts have warned that there is world that has more nuclear weapons is different tact now. Their proposal is to enough weapons-usable fissile material a safer world. It is just not. provide ‘‘full’’ assistance to India’s ci- in the world to make about 130,000 nu- Nowhere in the world is the threat of vilian nuclear program, while India clear weapons. A working nuclear nuclear terrorism more imminent than keeps its nuclear weapons, which rep- bomb, we are told, can be made with as in South Asia. It is the home to al- resents a complete abandonment of our little as 35 pounds of uranium-235 or 9 Qaida which seeks nuclear weapons. It traditional approach to nonprolifera- pounds of plutonium-239. And the ac- is an area where relations among re- tion. quisition of a nuclear weapon by a ter- gional nuclear powers are always tense: I don’t think you can come to the rorist is, in my judgment, the greatest China, India, and Pakistan. India and floor and argue that this is part of an threat that exists in our country. China fought a border war in 1962. India approach we have always taken. This is Retired GEN Eugene Habiger, who and Pakistan fought three major wars, a U-turn. This is a 180-degree change commanded America’s nuclear forces, had numerous smaller scale conflicts from the approach we have always had. said that nuclear terrorism ‘‘is not a since the partition of British India in The Bush administration formed an matter of if, it is a matter of when.’’ 1947. Both India and Pakistan deto- agreement that allows New Delhi to Henry Kissinger wrote in the Wash- nated nuclear weapons in 1998 and de- dramatically expand its stockpile of ington Post recently: clared themselves as nuclear powers. nuclear weapons and could ignite a re- And after that, all of us in the world The world is faced with the nightmarish gional arms race. That is what we have prospect that nuclear weapons will become a held our breath as they began fighting here. They can have reactors behind standard part of national armament and a limited war in Kashmir. the curtain that will not be subject to wind up in terrorists’ hands. Now, it has traditionally been the inspection by anybody. That is part of Former Senator Sam Nunn wrote in case that the United States has led the the deal. It will undermine 30 years of the Wall Street Journal: international community in efforts to nonproliferation efforts at the very deny India, Pakistan, and other non- We know that terrorists are seeking nu- time when we are engaged in these clear materials—enriched uranium or pluto- nuclear States access to nuclear tech- issues with North Korea and Iran. nium—to build nuclear weapons. We know nology. That has been our traditional It is a major, it seems to me, excep- that if they get that nuclear material, they role. We have always been the one who tion to the prohibition of nuclear as- can build a nuclear weapon. We believe that said: No, no, no. We can’t do that. We sistance to any country that doesn’t

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Let me quote that an agreement that pulls the rug will hinder us in convincing others to directly from a senior adviser to In- out from under decades of positions we give up their nuclear weapons. dia’s nuclear program, December 2005, have held in this country on non- Now, India never signed the non- an article in The Times of India. Dr. proliferation that results in the build- proliferation treaty. Because of that, Subrahmanyam says: ing of additional nuclear weapons ad- Pakistan never signed the treaty. In Given India’s uranium ore crunch and the vances our interests? Advances the the 1960s, India used both American need to build up our minimum credible nu- world’s interests? Of course not. technology and also Canadian tech- clear arsenal as fast as possible, it is to In- It falls on our shoulders as the nu- nology and the nuclear fuel provided dia’s advantage to categorize as many power clear power in the world. It is our re- under what was called the Atoms For reactors as possible as civilian ones to be re- sponsibility to stop the spread of nu- Peace Program to secretly build nu- fueled by imported uranium and conserve clear weapons. Will our children or our clear weapons. By doing so, New Delhi our native uranium fuel for weapons-grade grandchildren someday see a nuclear plutonium production. broke an explicit pledge to both the weapon detonated in a major American United States and to Canada about the This is clear: city? Will we see that? We didn’t see it use of technology and nuclear fuel only Given India’s . . . crunch and the need to during the Cold War because we had for peaceful purposes. In 1974, India build up our minimum credible nuclear de- mutually agreed destruction; that is, conducted its first nuclear weapons terrent arsenal. . . . both countries, us and the Soviet test. It denied that it had done so. It That is what this is about in India. Union, understood if one launched a said it was a peaceful nuclear test. We have those who support this, who missile or airplane containing a nu- In May, 1998, they conducted a series say it is not perfect, but it is not bad. clear weapon to be detonated in our of nuclear tests and declared them- I don’t know whether the contention country, we would launch sufficient selves as a nuclear weapons state. In on the Senate floor is going to be that nuclear weapons to completely destroy response, Pakistan did exactly the this will not result in additional war- their country and their society. Both same thing and declared themselves as heads. But I am clear, and I think ev- sides understood that. Both sides un- a nuclear state. erybody should be clear, it will. India derstood we have arsenals that would Because India has a shortage of do- will produce additional nuclear weap- destroy each other and neither side did. mestic uranium, the application of the ons. We believe, if that makes the Neither side was an aggressor. U.S. and international laws that pre- world safer, I guess that is what one In an age of terrorism, all of that has vent the sale of nuclear fuel and other can argue. I do not believe that at all. changed. In an age of terrorism, if we nuclear assistance to them has seri- I think the addition of nuclear weapons do not embrace policies that stop the ously constrained its nuclear power in- to the stockpile that exists in this production of additional nuclear weap- dustry and nuclear weapons program. world is a serious danger to the world. ons, we have missed an enormous op- All of us understand that India has en- Pakistan has already said: If you are portunity to prevent the detonation of ergy issues. It has an expanding popu- going to give this deal to India, how a nuclear weapon in one of our cities. lation and it wishes to build additional about giving this deal to us? We might This agreement simply does not stop powerplants, nuclear powerplants, but want to look at what we are doing. The the spread of nuclear weapons. It it also wishes to build additional nu- administration just proposed, by the doesn’t prevent the production of addi- clear weapons. India’s power reactors, way, a big arms package for Pakistan: tional nuclear weapons. This under- we are now told, are operating at less 36 Lockheed F–16C/D fighter planes, 500 mines that which we have described as than capacity due to fuel shortages and JDAM satellite-guided bomb kits, 700 our goal in the United Nations. It un- their utilization rates are expected to bunker buster bombs, 1,600 laser-guided dermines that which we have for dec- decrease even further. Very little ura- bombs, 800 conventional bombs, 500 ades described as being our goal as a nium is leftover from its domestic sup- AMRAAM air-to-air missiles, 200 Side- leader in nonproliferation. It provides plies for India to turn to nuclear weap- winder air-to-air missiles, 130 Harpoon the green light for India to produce ad- ons. So in the past year—couple of antiship missiles, 115 self-propelled ditional nuclear weapons. years—New Delhi has stepped up ef- howitzers. With all the sophisticated arguments forts to get our assistance in obtaining That is an arms package to Pakistan. in favor of this agreement, I fail to see nuclear fuel and reactor components so But Pakistan would say: We have nu- how undermining decades of effort at it can increase its nuclear power. But clear weapons. We exploded them. We nonproliferation and now providing a the fact is, it will also increase its nu- showed you we have nuclear weapons. green light to India to produce new nu- clear weapons programs. You are going to give this deal to build clear weapons, additional nuclear Here is what the deal that is now more nuclear weapons to India. We weapons, makes this a safer world. brought to the floor of the Senate does: want that deal for Pakistan. We want Quite the contrary. I think it is dan- My understanding is that it obligates to build more nuclear weapons. gerous. I think this agreement is a hor- the United States to persuade the What will China say? What will rible mistake. I think all of the sophis- members of the Nuclear Suppliers China say when they see this agree- ticated calculations mean very little Group to change their rules which bar ment and decide that India is increas- when we have decided to send signals sales to India. It allows India to buy ing its stockpile? China will say: We to the world that we do not oppose pro- sensitive nuclear technologies, now want to increase the stockpile of nu- ducing additional nuclear weapons; forbidden under the nonproliferation clear weapons. that we support that. treaty. It includes nuclear fuel, nuclear India is in the process of becoming a We are willing to decide to under- reactors, and advanced technology. full-fledged nuclear power with a triad, mine the nonproliferation treaty. We This agreement would open the door to an emerging triad. Aircraft? They have are willing to ignore United Nations India’s cooperation with France, a number of types of aircraft used to resolutions all because Ambassador Japan, and others who want to do busi- deliver a nuclear weapon, or that could Burns and Secretary Rice and the Bush ness with India and who now have not be so used, and land-based missiles and administration said: You know what, been doing business with India because naval weapons. we have all these calculations about of the NPT. In return, in this agree- I do not allege that India is a country weights and counterweights and geo- ment, India has agreed to allow the that is an aggressor. That is not my political strategies and here is our new IAEA inspections and safeguards at 14 point. I think our relationship with one. It is a new strategy that under- of their 22 planned nuclear power reac- India is important. I believe we ought mines decades of what ought to be the tors. But eight of their nuclear power to connect with India. We ought to best virtue of this country, and that is reactors will be placed behind a cur- reach out to India. We ought to have providing world leadership, real world

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.036 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S10991 leadership, aggressive world leadership strategists call the ‘‘problem from hell’’ Un- tures reaching into the tens of millions of to stop the spread of nuclear weapons like the Cold War, when the United States degrees Fahrenheit. The resulting fireball and prevent the building of more nu- and the Soviet Union knew that an attack and blast wave would destroy instanta- clear weapons and begin reducing the against the other would elicit a retaliatory neously the theater district, the New York strike for greater measure, Al Qaeda—with Times building, Grand Central Terminal, and number of nuclear weapons that exist no return address—had no such fear of re- every other structure within a third of a in this world. prisal. Ever if the president were prepared to mile of the point of detonation. The ensuing As I said when I started, I regret very negotiate, Al Qaeda had no phone number to firestorm would engulf Rockefeller Center, much I am on the other side of this call. Carnegie Hall, the Empire State Building, issue from Senator LUGAR. Senator Clearly no decision could be taken without and Madison Square Garden, leaving a land- LUGAR has great credibility on these much more information about the threat and scape resembling the World Trade Center issues because he has done a very sub- those behind it. But how could Rice engage a site. From the United Nations headquarters stantial amount of good work. I am not wider circle of experts and analysts without on the East River and the Lincoln Tunnel the White House’s suspicions leaking to the under the Hudson River, to the Metropolitan quite sure how I should describe this. I press? A CNN flash that the White House had was extraordinarily surprised when I Museum in the eighties and the Flatiron information about an Al Qaeda nuclear Building in the twenties, structures would read the first account in the newspaper weapon in Manhattan would create chaos. remind one of the Alfred P. Murrah Federal that it was likely that this agreement New Yorkers would flee the city in terror, Office Building following the Oklahoma City was going to be supported by my col- and residents of other metropolitan areas bombing. league and friend. I would say the same would panic. The stock market, which was On a normal workday, more than half a with respect to Senator BIDEN. I have just then stabilizing from the shock of 9/11, million people crowd the area within a half- great respect for them. So I am some- could collapse. mile radius of Times Square. A noon detona- American Hiroshima. Concerned that Al tion in midtown Manhattan could kill them one who comes to the floor of the Sen- Qaeda could have smuggled a nuclear weapon ate in disagreement. That doesn’t all. Hundreds of thousands of others would into Washington as well, the president or- die from collapsing buildings, fire, and fall- mean I in any way disparage their dered Vice President Dick Cheney to leave out in the ensuing hours. The electro- abilities or their intellectual honesty the capital for an ‘‘undisclosed location,’’ magnetic pulse generated by the blast would in pursuing strategies they believe are where he would remain for many weeks to fry cell phones, radios, and other electronic best for this country. follow. This was standard procedure to en- communications. Hospitals, doctors, and I have very strong opposition to sure ‘‘continuity of government’’ in case of a emergency services would be overwhelmed those who believe, however, that this decapitation strike against the U.S. political by the wounded. Firefighters would be bat- leadership. Several hundred federal employ- tling an uncontrolled ring of fires for many in any way represents our best inter- ees from more tan a dozen government agen- ests. I wish I could come to the Senate days thereafter. cies joined the vice president at this secret The threat of nuclear terrorism, moreover, floor with a better message, but I do site, the core of an alternative government not. I believe one day we will look back is not limited to New York City. While New that would seek to cope in the aftermath of York is widely seen as the most likely tar- on this with great regret. We have seen a nuclear explosion that destroyed Wash- get, it is clear that Al Qaeda is not only ca- that in this decade already with some ington. The president also immediately dis- pable of, but also interested in, mounting at- other decisions, information provided patched NEST specialists (Nuclear Emer- tacks on other American cities, where people us with respect to Iraq and other deci- gency Support Teams of scientists and engi- may be less prepared. Imagine the con- sions we have made. We have already, neers) to New York to search for the weapon. sequences of a ten-kiloton weapon exploding But no one in the city was informed of the in my judgment, had opportunities to in San Francisco, Houston, Washington, Chi- threat, not even Mayor Rudolph Giuliani. cago, Los Angeles, or any other city Ameri- understand regret about policies under- Six months earlier the CIA’s cans call home. From the epicenter of the taken that turned out to be not in this Counterterrorism Center had picked up chat- blast to a distance of approximately a third country’s best interests. ter in Al Qaeda channels about an ‘‘Amer- of a mile, every structure and individual ican Hiroshima,’’ The CIA knew that Osama I believe if we open the floodgates would vanish in a vaporous haze. A second bin Laden’s fascination with nuclear weap- with this agreement, we will seriously circle of destruction, extending three-quar- ons went back at least to 1992, when he at- undermine this country’s best inter- ters of a mile from ground zero, would leave tempted to buy highly enriched uranium ests. buildings looking like the Murrah building from South Africa. Al Qaeda operatives were EXHIBIT 1 in Oklahoma City. A third circle, reaching alleged to have negotiated with Chechen sep- out one and one-half miles, would be ravaged [From Blueprint Magazine, October 7, 2004] aratists in Russia to buy a nuclear warhead, by fires and radiation. NUCLEAR TERRORISM—BOOK EXCERPT which the Chechen warlord Shamil Basayev Uncontrollable blaze. In Washington, a (By Graham Allison) claimed to have acquired from Russian arse- bomb going off at the Smithsonian Institu- nals. The CIA’s special task force on Al On October 11, 2001, a month to the day tion would destroy everything from the Qaeda had noted the terrorist group’s em- after the terrorist assault on the World White House to the lawn of the Capitol build- phasis on thorough planning, intensive train- Trade Center and the Pentagon, President ing; everything from the Supreme Court to ing, and repetition of successful tactics. The George W. Bush faced an even more terri- the FDR Memorial would be left in rubble; task force also highlighted Al Qaeda’s strong fying prospect. At that morning’s Presi- uncontrollable fires would reach all the way preference for symbolic targets and spectac- dential Daily Intelligence Briefing, George out to the Pentagon. Tenet, the director of central intelligence, ular attacks. In a cover story in the New York Times Staggering the imagination. As the CIA’s informed the president that a CIA agent Magazine in May 2002, Bill Keller inter- analysts examined Dragonfire’s report and code-named Dragonfire had reported that Al viewed Eugene Habiger, the retired four-star compared it with other bits of information, Qaeda terrorists possessed a ten-kiloton nu- general who had overseen strategic nuclear they noted that the attack on the World clear bomb, evidently stolen from the Rus- weapons until 1998 and had run nuclear Trade Center in September had set the bar sian arsenal. According to Dragonfire, this antiterror programs for the Department of higher for future terrorist spectaculars. Psy- nuclear weapon was now on American soil, in Energy until 2001. Summarizing his decade of chologically, a nuclear attack would stagger New York City. daily experience dealing with threats, The CIA had no independent confirmation the world’s imagination as dramatically as Habiger offered a categorical conclusion of this report, but neither did it have any 9/11 did. Considering where Al Qaeda might about nuclear terrorism: ‘‘it is not a matter basis on which to dismiss it. Did Russia’s ar- detonate such a bomb, they noted that New of if; it’s a matter of when.’’ ‘‘That,’’ Keller senal include a large number of ten-kiloton York was, in the jargon of national security noted drily, may explain why he now lives in weapons? Yes. Could the Russian govern- experts, ‘‘target rich.’’ Among hundreds of San Antonio.’’ ment account for all the nuclear weapon the potential targets, what could be more com- In the end, the Dragonfire report turned Soviet Union had built during the Cold War? pelling than Times Square, the most famous out to be a false alarm. No. Could Al Qaeda have acquired one or address in the self-proclaimed capital of the more of these weapons? Yes. Could it have world? The PRESIDING OFFICER. The Sen- smuggled a nuclear weapon through Amer- Amid this sea of unknowns, analysts could ator from North Dakota. ican border controls into New York City definitively answer at least one question. Mr. DORGAN. I want to say just one without anyone’s knowledge? Yes. In a mo- They knew what kind of devastation a nu- additional thing. I have two amend- ment of gallows humor, someone quipped clear explosion would cause. If Al Qaeda was ments that I intend to offer today. I do that the terrorists could have wrapped the to rent a van to carry the ten-kiloton Rus- not intend to take a great amount of sian weapon into the heart of Times Square bomb in one of the bales of marijuana that time with either of them. Both of them are routinely smuggled into cities like New and detonate it adjacent to the Morgan York. Stanley headquarters at 1585 Broadway, are very important. I wish to say to the In the hours that followed, national secu- Times Square would vanish in the twinkling chairman, I know he is working rity adviser Condoleezza Rice analyzed what of an eye. The blast would generate tempera- through this bill today. I want to be

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In The amendments I will offer, one has try, as well as India, and making sure addition, India’s nuclear weapons are to do with requiring India to comply there are provisions in there that are there for self-defense and India has with what the U.S. is already required beneficial to our country while also not been a consistent practitioner of the to comply with, the second relates to a harming the ability of our friends in ‘‘no first use’’ doctrine when it comes United Nations resolution, that our India to pass it in their country as to nuclear weapons. country pushed, that represents Amer- well. India has been an exception in this ican policy that appears to be com- There is no person in the Senate regard and, in my view, should be pletely contradictory to the underlying more knowledgeable on anti-prolifera- viewed differently than other countries bill on the floor of the Senate. tion issues than Senator LUGAR. His that do not have such a record. I say to the chairman, I will have two leadership was instrumental in devel- The fact is as a result of this agree- amendments. I am prepared in a rea- oping a bill with protocols that met ment India will place a majority of its sonable period to offer the amend- the commitments made by our Presi- thermal power reactors under the ments. I do have, with Senator MCCAIN, dent while also respecting the safe- International Atomic Energy safe- an obligation at 12 o’clock for a few guard agreements that have protected guards for the very first time, and minutes off the Senate floor. We are this country for decades. I thank our there also will be permanent inspec- going to be speaking to a group. But chairman. tions. following that, I would be happy to The hearings by Chairman LUGAR By contrast, Iran doesn’t have the come over and offer my two amend- back in the spring, along with inform- same sort of policy as India. Iran has ments if the Senator is willing to have ative testimony of Secretary Nicholas kicked out the IAEA inspectors. This me do that. Burns, were a necessary lesson for our agreement helps bring India into the Mr. LUGAR. I would like to respond colleagues on the committee, and I global nuclear mainstream where it is to my distinguished colleague. I appre- think the entire United States, that not right now. It is very clear, whether it was Chair- ciate the appointment that he has with explained the benefits and also helped man LUGAR or Senator BIDEN and oth- our colleague from Arizona. My hope remove outstanding concerns about ers, if you examine this agreement it is would be that the Senator would pro- this historic pact. Chairman LUGAR, going to significantly increase trans- ceed with his amendments. It would be earlier speaking on this measure, along parency and oversight of its civilian timely to do so at his earliest conven- with the ranking member on the For- eign Relations Committee, Senator nuclear program. ience. I encourage him to do so. We also ought to look at the eco- BIDEN, addressed the specific sections Mr. DORGAN. Mr. President, I nomic and energy benefits of this co- of the bill, so I will not recite all of missed the last point. operation. India has tremendous en- those provisions again for my col- Mr. LUGAR. I just indicated as soon ergy needs that will only increase as leagues. I wish to provide the prin- as you could proceed with your amend- their economy and country grows and ciples behind it, the strategic goals ments, this would be timely, in terms increasingly prospers. of moving the progress of our bill that are achieved in this United The United States-India nuclear today. States-India civil nuclear pact. I want agreement strengthens energy security Mr. DORGAN. I will be off of the Sen- to focus on the big picture and the for the United States and India by pro- ate floor for the other requirement long-term impact of this cooperation moting the development and stable use that I have, but I will come back. My agreement. of clean nuclear power, rather than re- understanding is there is a proposal to First and foremost, the United lying on the Middle East for oil and perhaps try to modify one of my States-India civil nuclear cooperation gas, particularly from Iran. Obviously, amendments? agreement is a significant foreign pol- India benefits through a reliable, af- Mr. LUGAR. That is correct. Staffs icy achievement for the advancement fordable energy supply. United States have been working on one of the of our security. It is a significant companies will benefit from increased amendments of the Senator with the achievement for the advancement of jobs and economic opportunity in the hope it might be possible to accept jobs, and also a significant achieve- India energy market. Cooperation from that amendment. The other amend- ment in improving the environment— this will also ensue, I believe, in clean ment would have to be offered and de- the air quality particularly, in India. coal technology and also biofuels. bated. This strategic partnership between the Having been in India last November- Mr. DORGAN. Yes. I intend to offer world’s oldest democracy, the United December, the air quality there is the other amendment, debate it, and States, and the world’s largest democ- awful. The coal they have in India is ask for a recorded vote on it. I will racy, India, is desirable, and it is pos- dirty coal. They have to import coal. take a look at the proposed modifica- sible because we share the same values. There are millions of people in India tion to see what that modification is, We both believe in representative de- prospering as a country, and increas- but I will try to be back on the Senate mocracy. We believe in and are girded ing. There are millions of people who floor as quickly as possible to accom- by the rule of law. We respect human do not have electricity. For India to modate the Senator’s interests in get- rights and religious tolerance. We have its energy needs met, they are ting it done. share the same goals for Asia and for going to have to be able to import Mr. LUGAR. I appreciate that and the world, which are freedom and more or they are going to have to come thank the Senator. peace. up with creative approaches. The PRESIDING OFFICER. The Sen- This pact, this partnership, this The U.S.A. is far more dependent on ator from Virginia. agreement, in my view, can be the be- foreign sources of energy. We need to Mr. ALLEN. Mr. President, I rise ginning of a blossoming marriage be- have more exploration of oil and nat- today in strong support of S. 3709, the tween the people of the United States ural gas in our country. We ought to be United States-India Peaceful Atomic and the people of India. India is a vital using more clean coal technology since Energy Cooperation Act. This legisla- ally and a key global partner in the we are the Saudi Arabia of the world in tion has been thoughtfully crafted and war on terrorism. They understand it. coal for electricity and gasification will help cement an important partner- They have been threatened in India. In and liquification of coal. We also need ship with a vitally important Nation in fact, India has been hit by terrorism in advanced nuclear, biofuels, solar—a di- a part of the world that will become in- the name of religious fanaticism and versity of fuels for our energy inde- creasingly important for the future. religious extremism. This agreement is pendence rather than being so depend- I first want to thank the chairman of a step forward also regarding concerns ent on foreign sources of energy from the Foreign Relations Committee, Sen- with nuclear proliferation. Some crit- the Middle East and hostile dictators ator LUGAR, for his commitment to ics will argue this agreement under- around the world.

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.038 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S10993 India is in a similar situation. In well over 1.2 billion people, not only Chairman of the Foreign Relations fact, they are even more dependent the world’s largest democracy but the Committee. He has done an out- than the United States. There are con- world’s largest country in the next few standing job. He has been a leader and cerns they will have to have a pipeline years. a foreign policy voice on Capitol Hill. from Iran for natural gas or for oil. We The challenges that face India’s fu- His leadership is measured, and he is are trying to get Iran not to develop ture development are making progress, very knowledgeable and quite good. I nuclear weapons. One of the reasons but they are tremendous challenges. So appreciate his wisdom, counsel, and geopolitically why it is difficult to im- while India is now a global economic leadership—and his leadership on this pose sanctions or any sort of efforts to power, it is going to be increasingly an bill as well. get them to comply is there are other economic power in the future. It is I recognize my colleague from Vir- parts of the world that are so depend- going to be a much more important ginia who has done an outstanding job ent on Iran for natural gas or for oil. voice in Asia as well. for many years in many capacities on In a sense, the energy independence So it is in the interest of the United foreign relations. I know that he knows and energy security concerns that we States to engage India, to help it de- the issues on the United States-India have in our country are also brought velop safe, clean, and reliable energy, relationship. Many people I have about for the people in India which are and also further our existing ties with worked with on India have worked with even more dependent on foreign its leaders in government, especially the Senator from Virginia. I deeply ap- sources of energy than we are. If India the people of India who appreciate the preciated his work, knowledge, inter- can have clean nuclear for electricity United States. Of course, there is a est, and passion on pushing these generation, that is going to obviously great deal of trade between the United issues. It takes people such as that to help the people of India. It will im- States and India. Many of the H–1B build relationships. You have to always prove their air quality, clearly. As you visa applicants are from India which be pushing people together. I appre- all know, a barrel of oil, wherever it is are very important for Virginia’s econ- ciate his willingness to do that. produced, has the same price. omy and for the economy of the United I rise in support of this bill. I rise, as With the increasing economies of States. my colleague from Virginia has done, China and India and elsewhere around I also believe that we need to—I urge in support of the bill but without de- the world, for every bit of oil that is my colleagues to—examine this in its bilitating killer amendments associ- produced, the whole global market is totality. It is imperative that we pass ated with it. competing for that barrel of oil. To the this legislation and begin finalizing I rise as someone who has chaired the extent that India’s demands can be this agreement that was reached by the South Asia subcommittee for a period somewhat ameliorated as well as ours elected leaders of the United States of time and worked in building rela- in coal liquification or biofuels or and India. It is in our security inter- tionships with India. other renewable approaches, it is going ests. It is in our economic interests. It I rise as the Senator who carried the to help our energy independence in this strengthens the alliance which will be initial bill to allow the administration insofar as India is concerned. vital for years ahead. to lift sanctions against India when it Beyond energy and jobs, we have I believe very strongly that this tested nuclear weapons during the grave threats facing the United States United States-India pact will be a mar- Clinton administration. It was a big and also our friends and allies insofar riage which will benefit all of us, not brawl of discussion we had at that as security. We need to build new alli- just now but for generations to come. point in time. ances, and we need to strengthen exist- I thank my colleagues. I urge most Let me take my colleagues back a ing alliances as well. respectfully the passage of the United little bit. That was the point in time With that in mind, I think we ought States-India Peaceful Atomic Energy when India was starting to shift away to be looking further into the 21st cen- Cooperation Act with no killer amend- from its former focus on the Soviet tury to determine what U.S. policy will ments and let’s allow this marriage be- Union, then Russia, and whether it was be in Asia. What should it be? Where tween the United States and India blos- going to join the West and work with can we reasonably expect support to som for our security, for our jobs, and us. There was a big debate going on come from, whether in Asia or the our best interests through the years to within Indian society as to whether Western Pacific? come. they were going to pull along alongside Presently, some of the key allies that I thank Chairman LUGAR again for the United States. It was a very heated share our values are South Korea, his outstanding and remarkable wis- debate, a very important discussion. It Japan, Singapore, the Philippines, and dom and insight shepherding this became the signature moment as to Australia. They are key leaders with measure through. I hope by the end of whether the United States would be a us. Further positive concerted efforts the day this will pass, and that this partner with India. need to be made with Pakistan and In- marriage will continue to bear fruit for You will recall that for many years donesia. India has a key role in all of generations to come. the United States and India had what this. I think India is absolutely essen- I yield the floor. was best described as a prickly rela- tial for our freedom and shared values Mr. LUGAR. Mr. President, I thank tionship. There was not an easy, favor- but also our freedom advancement in the distinguished Senator from Vir- able one even though the fundamentals innovation and our security. ginia for his very generous comments underneath seemed like they were As I mentioned, I was in India last about my leadership and the work of something that would be very good. fall. This was a key issue on the minds the committee. But I want to say that India is equal. It has the largest de- of Prime Minister Singh and other gov- I appreciated very much the Senator’s mocracy and we the oldest. We are the ernment leaders. India is a country diligent and thoughtful work on the two largest democracies in the world. with tremendous potential, amazing committee. He will be missed. He has It would seem to be that this would be values, but also a lot of hardship, hard been a great leader in our efforts and a very easy and logical relationship. breaks, and poverty in that country. has participated materially in the for- Yet they had gone into the Soviet They need reliable energy. They are mation of the legislation he talked sphere. We had built more of a rela- working in education. In fact, we can about today. I deeply appreciate the tionship with China than with India learn a lot from India insofar as edu- strength of his statement and his very even though the fundamentals under cation is concerned as young people in thoughtful comments. India were much better for us than middle school are focused on high I understand the distinguished Sen- they were with China. There has been school exams to get into the India in- ator from Kansas wishes to make a this separation and division for some stitutes of technology. We need to get statement. period of time. more Americans from all backgrounds I yield the floor. India decided they needed to have a interested in engineering and science The PRESIDING OFFICER (Mr. nuclear basis. They tested. Pakistan as India has done. ISAKSON). The Senator from Kansas. tested in response to that. We had a se- India is also so important to secu- Mr. BROWNBACK. Mr. President, I ries of sanctions that immediately rity—a country which will soon have thank my colleague from Indiana, kicked in with that testing. Then our

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.025 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S10994 CONGRESSIONAL RECORD — SENATE November 16, 2006 entire relationship with India was partnership with the world’s largest de- ator LUGAR. There is not an individual viewed through the nuclear non- mocracy makes America safer, as well. in this Senate and I say probably not proliferation issue. We had all these We have a common enemy in the war an individual in this country who has other issues that we needed to dis- on terrorism around the world. India committed more of their life to pre- cuss—economics, spread of terrorism, a has been a key and strategic partner in venting nuclear disaster and its pro- series of issues, human rights items. their assistance in curbing the nuclear liferation. There is perhaps no one who Everything went through the non- pursuits of Iran, a weaponized nuclear has worked harder to see to it that the proliferation portal. If you couldn’t pursuit by Iran. We are getting help U.S. agreements, as they relate to the clear it through, we wouldn’t be able to from India on that. We continue to security of nuclear power and the in- develop the rest. work with Pakistan. terest of our country, have always been Finally, we were able to provide the As a number have pointed out, either nothing but in the best interest of the relationship, the administration, and implicitly or explicitly, it is a bal- United States of America. the capacity to waive this series of ancing issue, a balance-of-power issue As a Senator from Georgia, I am well sanctions. It was a difficult discussion with China. I know everyone in this aware that Senator LUGAR partnered and decision within the Congress. We Senate thinks about that, even if it is for many years and still partners today were able to pass it through. Then let not expressed often, but it is key that with our Senator, Sam Nunn, in seek- us get into a broader range—and the we build this balance of power in our ing to ensure nuclear proliferation does relationship flourished. It expanded balance with India in this region of the not take place anywhere in the world enormously. world as a democracy, as a country and that nuclear materials from exist- Now I think we are at another step. that is with us in the fight on ter- ing nuclear nations never fall in the This is another one of those key junc- hands of those who would use them in rorism. tures in the relationship as to whether India shares strategic interests; it an act of terrorism. I place my con- this was going be a true and budding also shares values. They have a com- fidence first and foremost in the distin- and future-oriented relationship. That mitment to democracy, with rules of guished chairman from Indiana. is whether we can enter into this There is a second, equally compelling law, transparency, a multireligious agreement that we are discussing here reason; that is, my visit to India in country. America and India, as I men- today. This is being watched very care- April of this year, just shortly after tioned, are the world’s two largest de- fully in India as being a key view as to the President announced the civilian mocracies, and India has had a func- what the United States is going to do nuclear deal with India. Quite frankly, tioning democracy for some period of in its ongoing relationship with India. my initial reaction before I went to I urge passage and strong support in time. Civilian nuclear cooperation is India was one of significant concern. I building the fundamentals and an important step in developing new think any time any of us look into nu- strengthening a United States-India re- and alternative energy sources. clear agreements and the sharing of lationship. This agreement is not about Comparison with Iran and North Ko- nuclear technology, we should have sacrificing the nonproliferation regime rea’s nuclear programs are misleading. significant concern. However, I went to on the altar of strategic cooperation. I There are strict measures taken to en- India and learned a number of things want to emphasize that point. I think sure our cooperation will only be with firsthand that I did not know. I share as people look at it, the initial ques- India’s civilian nuclear program. They them with this Senate today because I tion they would come up with is, I am have proven to be trustworthy. There believe they are important in whether fine with the strategic relationship; I is still reason to believe North Korea we grant this agreement. will not sacrifice the nonproliferation and Iran are clearly pursuing these for First, I learned quickly that in the issue. It is not about sacrificing that. nuclear weapons and for purposes 30-year history of involvement in the It is about recognizing the reality of against us, very threatening to us and development of nuclear energy, India India’s 30-year nuclear program. En- our interests. We need to look at the has never had a single deviation from gaged in peaceful civilian—as the nature of the regimes. India is a peace- its stated original purpose, which was chairman has said many times—nu- ful, stable democracy versus authori- civilian use, and in terms of military, clear cooperation with the world’s larg- tarian in Iran and North Korea. only for minimal deterrence. They est democracy, securing commitments Finally, this is just one of the key re- have clearly said from the beginning from India to implement the IAEA lationships at one of the key times. It they would never be a first-strike na- standard and safeguard and affirming is important we take the right steps tion, and they have always said that India’s longstanding commitment to during those points in time. I hope we our motivation from a defensive mech- democracy and its constructive role in have a very positive, robust debate and anism is minimal deterrence. A 30-year shaping the world in decades ahead. pass this bill by a very large margin, consistent policy like that in any na- There is an environmental angle on saying to the people of India and tion is good enough evidence for me in this as we look at India as being a key around the world: We are interested in terms of the heart and the intent of economy in growth. That growth is partnering with you, we want to part- that country. consuming much more energy. That ner with you, we want to expand that Second, India is a democracy of 1.3 energy is generally in the form of fossil partnership, and we see this as a key billion people in round numbers in a fuels which release a lot more CO2. If partnership for our future, for your fu- part of the world of significant impor- we are concerned about the release and ture, and for global stability. tance to the United States of America. the impact and the accumulation of Mr. President, I yield the floor. They have demonstrated in their co- CO2 in the atmosphere, one of the key The PRESIDING OFFICER (Mr. operation with us in the global war on things we should do from an environ- GRAHAM). The Senator from Indiana. terror their interest only in peaceful mental perspective is to engage in this Mr. LUGAR. I thank the Senator operations of all nations and never in agreement on civilian nuclear power. from Kansas for a very strong endorse- nuclear energy or technology falling That is where we will reduce the CO2 ment of this legislation. into the hands of those who would use loading into the atmosphere. I note in the Senate the distin- it in a devious way. From another nonstrategic, non- guished Senator from Georgia who As the distinguished Senator from proliferation angle, from an environ- would like to participate. I look for- Virginia has said, India is a blossoming mental angle, this is a very positive ward to hearing from him. nation economically, but it suffers dra- agreement, a key agreement we can The PRESIDING OFFICER. The Sen- matically from the coal it has to burn have with one of the fastest growing ator from Georgia is recognized. and from the lack of efficient energy economies in the world that will be re- Mr. ISAKSON. Mr. President, I rise sources it now has. This civilian nu- leasing a lot more CO2 in the atmos- in full support of the United States-In- clear agreement allows them the op- phere unless they use a great deal of dian nuclear agreement. I wish to share portunity to expand nuclear energy for nuclear capacity in building that en- the two distinct reasons for my sup- the generation of electricity and to re- ergy system. port. duce the pollution in the atmosphere, Bringing India to the nonprolifera- First and foremost is the distin- which is not just India’s atmosphere tion regime and forging a strategic guished chairman from Indiana, Sen- but is the world’s atmosphere.

VerDate Aug 31 2005 05:40 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.026 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S10995 The distinguished chairman from In- our two great nations share so many this community is one of the hardest diana has worked long and hard on this common values and common beliefs. It working, most accomplished commu- agreement. I am in full support of this is only appropriate that the United nities in our Nation today. There are agreement in its draft form and its pre- States and India become true strategic about 200,000 of them living in Texas, sented form today. I hope the Members partners as we move into the 21st cen- and nearly 80,000 Indian students are of the Senate will endorse and ratify tury. Fortunately, the days of the Cold studying at our Nation’s colleges and without debilitating amendments. I War, when India was more aligned with universities. Their contributions to our have confidence in the chairman and the Soviet Union than with the United Nation and the United States-India re- his work. I have confidence in my visit States, are in the long past. The United lationship have been remarkably posi- to the people of India and Prime Min- States and India share a common vi- tive. ister Singh that they will continue to sion for our future. It is a peaceful vi- I encourage my colleagues to support be what they have been: a burgeoning sion where we battle terrorism to- this legislation, to advance our stra- democracy and a great partner with gether, the proliferation of weapons of tegic relationship with India while also the United States of America. mass destruction, HIV/AIDS, and a bringing India into the mainstream of I yield back the remainder of my host of other challenges that face our international nonproliferation efforts. time. world today. I yield the floor. The PRESIDING OFFICER. The Sen- While it is true that the agreement The PRESIDING OFFICER. The Sen- ator from Indiana. on Civil Nuclear Cooperation is a sig- ator from Indiana. Mr. LUGAR. Mr. President, I thank nificant departure from previous U.S. Mr. LUGAR. I thank the distin- the distinguished Senator from Georgia policy, I strongly believe this legisla- guished Senator for his leadership. His action with the distinguished Senator for visiting India, for his personal tes- tion represents a positive step as we from New York, Mrs. CLINTON, is cer- timony on this issue, for strong sup- grow our strategic relationship. port of the treaty, and for his very For more than 30 years, the United tainly timely for these important vis- thoughtful personal comments. States and India have disagreed over its to occur and these negotiations. I I note the presence of the very distin- India’s decision not to sign the Nuclear think they have restored significance guished leader in the Senate in fos- Non-Proliferation Treaty. As such, the in our relationship. I thank the Sen- tering and strengthening India-United United States has not cooperated with ator for coming to the Senate and of- States relationships, the distinguished the Nation of India on any civilian nu- fering strong support for the treaty. Mr. President, I note the presence of Senator from Texas. clear technology to speak of. In short, another distinguished member of the Mr. CORNYN. Mr. President, I rise in we have been at a stalemate which has Senate Foreign Relations Committee, strong support of the United States- neither served our nonproliferation the distinguished Senator from Ohio. India Peaceful Atomic Energy Coopera- goals, nor helped India’s vast needs for The PRESIDING OFFICER. The Sen- tion Act. I particularly express my energy resources. Fortunately, this ator from Ohio is recognized. gratitude to the chairman of the For- carefully crafted legislation will allow Mr. VOINOVICH. Mr. President, I eign Relations Committee, Chairman us to move forward in a responsible rise today to offer my support for S. LUGAR, for his outstanding work on manner. The agreement, in fact, en- 3709, the United States-India Peaceful this bipartisan piece of legislation that hances our nonproliferation efforts. Atomic Energy Cooperation Act, of advances our strategic relationship It is correct to say that India is not which I am a cosponsor. First, I con- with India while also bringing India a signatory to the nonproliferation gratulate Senators LUGAR and BIDEN into the mainstream of international treaty. They have decided for their own for their excellent bipartisan effort to nonproliferation efforts. national security reasons that they produce a quality piece of legislation. I am delighted to be the cochair, will not become a party to the treaty, We can all be very proud of this prod- along with Senator HILLARY CLINTON, and no amount of international pres- uct. of the United States-India caucus in sure is likely to change that conclu- I have long believed the United the Senate, actually something we res- sion. This is the reality we face, and States and India should expand its ex- urrected just a couple short years ago the status quo for another 30 years is cellent friendship and embark upon a that had fallen by the wayside. simply not acceptable. Recognizing deeper, more strategic relationship. We After my own visit to India and in this reality, we must ask ourselves, now have that opportunity, and I urge consultation with a number of Indian- What can we do to promote non- my fellow Members of the Senate to American constituents who live in proliferation efforts with India and pass S. 3709, a bill that will enable us Texas—about 200,000 live in my State bring them into the international non- to transform our relationship with alone—I became absolutely convinced proliferation regime? This legislation India and initiate a solid partnership that a closer relationship with the provides that answer. with great security, economic, and en- great nation of India and its people was Despite not signing the nonprolifera- vironmental returns for U.S. national essential to our security interests and tion treaty, India, for the record, has interests. essential to our economic interests. an excellent nonproliferation record. As President Bush said when he met As our colleagues know and as has They understand, perhaps as well as with Indian Prime Minister Manmohan been mentioned by a number of our anyone, the danger of the proliferation Singh in New Delhi last spring: Members, Prime Minister Singh visited of weapons of mass destruction. This is India in the 21st century is a natural part- Washington last summer and President why India has agreed to adhere to key ner of the United States because we are Bush paid a visit to India this spring. international nonproliferation efforts brothers in the cause of human liberty. These events mark a critical milestone on top of their own stringent export By expanding civil nuclear coopera- in our improving relationship. Passage control regime. This is a significant tion with India, the United States has of this legislation will mark another step forward which has been welcomed an opportunity to bring India into an significant step and I daresay cement by the International Atomic Energy arms control regime that will guar- what is a very important relationship Agency Director General Mohamed antee greater oversight and inspection to both nations. ElBaradei, who understands India will rights and which will allow us to make President Bush made a fundamental not come into the nonproliferation India’s preexisting nuclear program foreign policy objective to move the treaty by traditional means but can be safer and more transparent. At a time United States-India relationship to a accommodated through this route. when we are facing many other nuclear new level. As Secretary Rice has said, I conclude by noting that the United power challenges, we should welcome our relationship with India is one of States is fortunate, indeed, to have this as a positive step in the world of the most important partnerships the many Indian Americans who have nonproliferation. United States can have in the 21st cen- helped bring our two nations closer to- It is not just the United States that tury. gether. As I have noted, many of them supports civil nuclear cooperation with As has been often noted, India is the live in my State, as they do around India. I was in Vienna in May, where I world’s largest democracy, while we this great country, contributing to our met with the International Atomic En- are the world’s oldest democracy, and brainpower, to our economy. Frankly, ergy Agency. During our meetings—we

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.027 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S10996 CONGRESSIONAL RECORD — SENATE November 16, 2006 were talking primarily about Iran and I strongly encourage the Senate to ing my amendment. I thank my col- what they were doing in terms of Iran’s pass S. 3907 and take the next step in leagues. violation of the nuclear nonprolifera- bolstering our relationship with India. My amendment is very simple and tion agreement. We also talked about A democratic, economically sound, straightforward. It requires the Presi- India and how they felt about the pro- internationally integrated India will dent to determine that India was fully posal that was being entered into be- serve as a ballast in a region experi- and actively participating in U.S. and tween the United States and India. And encing rapid, sweeping change. international efforts to dissuade, sanc- I was told, at that time, that India has Thank you, Mr. President. tion, and contain Iran’s nuclear pro- been a more active and responsible The PRESIDING OFFICER. The Sen- gram consistent with United Nations partner, in terms of their cooperation ator from Massachusetts. Security Council Resolutions. with the IAEA, than many of the sig- Mr. KENNEDY. May I have recogni- As my colleagues know, Iran is one natories to the nuclear nonprolifera- tion? of, if not the most, urgent nuclear non- tion agreement. The PRESIDING OFFICER. The Sen- proliferation challenges the world faces As was just pointed out by the Sen- ator from Massachusetts is recognized. today. ator from Texas, later on Director Gen- Mr. KENNEDY. Mr. President, I see For two decades Iran secretly built eral Mohamed ElBaradei called the the floor manager and the matter we up its nuclear capabilities in violation idea that is contained in this agree- have before us is of great importance of the safeguards commitments it ment ‘‘a milestone’’ and ‘‘timely for and consequence. I know we have a va- made with the International Atomic ongoing efforts to consolidate the non- riety of different amendments that are Energy Agency, IAEA. To date, Iran proliferation regime, combat nuclear being considered and are being talked has completed most of the construction terrorism and strengthen nuclear safe- about, even as we are here now. I do of a massive uranium-enrichment facil- ty.’’ not mean to interfere with the flow of ity at Natanz, opened a heavy-water Furthermore, this agreement will this debate and reaching a timely con- production plant at Arak and began allow us to form a critical strategic re- clusion of it, but I want to address the construction of a 40-megawatt reactor lationship with India. And from a point Senate for a few moments on what I there. It also began construction on a of view, it is long overdue. The consider to be sort of the important fuel manufacturing plant at Isfahan; geostrategic facts are that China and agenda for our committee, our HELP tested centrifuges with uranium, India are two rising powers in the in- Committee, in this next session. I will hexafluoride, produced their first sam- dustrialized world. As China expands cooperate, obviously, with the floor ples of low-enriched uranium; and near- its economic power and military manager and ask that my remarks be ly completed construction of their first strength, U.S. nuclear cooperation printed in an appropriate place in the nuclear power reactor at Bushehr, set to open in 2007. with India can help to even the inter- RECORD. And I will speak for just a few Iran says these programs are for national keel. moments. peaceful purposes, but experts agree I am also referring to the fact that The PRESIDING OFFICER. Without and the Bush administration believes, China, could pose a threat to U.S. na- objection, it is so ordered. that Iran is on its way to acquiring the tional security in the future. We are Mr. KENNEDY. So others who want capability to produce large quantities working very carefully to make sure to continue the debate will have the of bomb grade nuclear material. Addi- that does not happen, but it is some- opportunity to do so. And as one who tionally, Iran has not fully answered thing we should think about. But I am has been a floor manager, I understand numerous questions from the IAEA also thinking about the fact that India his desire to have focus and attention about activities that may be related to and China also have a good relation- on the underlying matters. But I appre- a weapons program. These activities ship. So the fact that we are entering ciate the courtesy and the under- are very concerning. into a new relationship with India, I standing of the manager letting me Earlier this year, the IAEA Board of think, also would be well received by talk briefly this afternoon. Governors found Iran to be in violation the Chinese and other Asian countries (The remarks of Mr. KENNEDY are of its safeguards commitments and re- and helpful to alleviating any tensions printed in today’s RECORD under ported Iran’s file to the U.N. Security that exist. ‘‘Morning Business.’’) Council. The Security Council has de- For the past 30 years, we let dif- AMENDMENT NO. 5173 manded that Iran suspend its uranium ferences in our domestic policies and Mr. LUGAR. Mr. President, I send an enrichment program and construction our international intentions keep us amendment to the desk that has been of a heavy-water production reactor. from working together. But India is a cleared on both sides of the aisle. These technologies can be used to unique democracy, a new shining city The PRESIDING OFFICER. The make bomb-grade nuclear material. upon a hill, and we need this more than clerk will report. However, Iran continues to stiff-arm ever before. We need models such as The legislative clerk read as follows: the IAEA’s investigation of its pro- this, where people of different faiths The Senator from Indiana [Mr. LUGAR], for gram. This week Iran again thumbed and ethnicities live together and where Mr. HARKIN, proposes an amendment num- its nose at the international commu- the Government is open and account- bered 5173. nity boasting that the world would able for its actions. It is the largest de- The amendment is as follows: have to ‘‘live with a nuclear Iran.’’ A mocracy that we have in the world (Purpose: To make the waiver authority of new report this week from the IAEA today. the President contingent upon a deter- says the agency found new traces of Following the end of the Cold War, mination that India is fully and actively plutonium and enriched uranium at a new economic opportunities have cre- participating in United States and inter- nuclear research facility in Tehran. ated room for cooperation between the national efforts to dissuade, sanction, and As we are here debating this bill, United States and India in agriculture, contain Iran for its nuclear program con- U.S. diplomats are engaged with our health care, commerce, defense, tech- sistent with United Nations Security Council resolutions) partners in the U.N. Security Council nology, and education. It is amazing to on this very important issue. They are me the number of businesses I have in On page 8, beginning on line 8, strike ‘‘Group; and’’ and all that follows through working to build support for a new res- Ohio that have joint ventures in India ‘‘Nuclear’’ on line 9 and insert the following: olution that would mandate targeted and Indian investment in the State of Group; sanctions on Iran to help persuade its Ohio. (8) India is fully and actively participating leadership to change course and halt In the aftermath of the September 11 in United States and international efforts to its uranium enrichment work. attacks, India has been a leader in dissuade, sanction, and contain Iran for its This diplomatic course of action is fighting terrorism and rooting out ex- nuclear program consistent with United Na- appropriate at this stage, and I fully tremists from its society. It has a long tions Security Council resolutions; and support it. To succeed, any targeted record of responsible behavior on non- (9) the Nuclear sanctions policy must not only have proliferation matters, and it is time we Mr. HARKIN. Mr. President, I thank the active support of Security Council embrace India as part of that non- the managers of this bill, Chairman member states, but also the coopera- proliferation community. LUGAR and Senator BIDEN, for accept- tion of other member states of the

VerDate Aug 31 2005 05:29 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.029 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S10997 international community. Targeted that outstanding issues be dealt with gram have broken down, and in Octo- sanctions against Iran will not work under the aegis of the IAEA itself. This ber, Iran took additional steps to im- unless they are fully and actively sup- is in line with our position and there- prove its enrichment capability and is ported by states close to Iran and with fore, we have extended our support. now seeking IAEA nuclear safety as- ties to Iran, such as India. They will India again voted with the United sistance on its Arak heavy-water reac- not work, I would add, without effec- States on February 4, 2006, when the tor. U.S. diplomats are working hard tive diplomatic engagement with Iran. IAEA Board of Governors voted to refer now to lobby fellow members of the This is a time when we need to have Iran’s noncompliance to the U.N. Secu- IAEA Board of Governors to reject this the support of every country as the rity Council. This was welcomed at the request. We need India’s active support United States works with our allies to time. Yet the Indian Ministry of Exter- when that happens. contain and constrain Iran’s troubling nal Affairs responded to questions In a recent report, the Congressional nuclear program. about its vote by noting that: Research Service detailed some con- Now my colleagues may be won- ‘‘While there will be a report to the cerns about India’s proliferation record dering what this has to do with India. Security Council, the Iran nuclear with respect to Iran. India has a robust relationship with issue remains within the purview of the The U.S. Government, as a result of Iran. India actively engages in mili- IAEA. It has been our consistent posi- the Iran-Syria Nonproliferation Act, tary-to-military cooperation with Iran tion that confrontation should be has sanctioned Indian companies for and the two countries have a signifi- avoided and any outstanding issue transferring WMD technologies and cant trade relationship. India plans to ought to be resolved through dialogue. materials to Iran and other countries. build a gas pipeline from Iran through . . . Our vote in favour of the Resolu- On August 4, the Bush administra- Pakistan. India’s leaders see Iran as a tion should not be interpreted as in tion publicly announced in the Federal diplomatic partner on many issues. In any way detracting from the tradition- Register sanctions on two Indian enti- fact, Iran’s Foreign Minister will be ally close and friendly relations we ties for transferring chemicals that can visiting New Delhi today. enjoy with Iran.’’ be used to produce missile propellant Given India’s proximity to Iran, none By keeping the issue under the pur- to Iran. The sanctions determination of this is surprising, but it means that view of the IAEA Iran would not be had been made July 25, a day before the India has a particular responsibility to subject to sanctions. The IAEA does House passed its version of the India help contain Iran’s nuclear and missile not have that capability, the Security bill. capabilities and support possible U.N. Council does. For its part, India contended the In April 2006, the U.N. Security Coun- Security Council sanctions against sanctions were unwarranted. A Min- cil issued a statement calling for an Iran. istry of External Affairs spokesperson Obviously, India, like most other immediate suspension of all Iranian en- asserted on August 7th the transfers richment activities. Iran responded by states, does not support a nuclear were ‘‘not in violation of our regula- announcing that it had produced a weapons option for Iran. tions or our international obligations.’’ However, Indian views of the threat small quantity of low-enriched ura- This is deeply disturbing. What this posed by the Iran nuclear program and nium using a test assembly of cen- means is that India’s current export trifuges and noted it planned to expand its perspective on Iran’s so-called control laws are inadequate and do not the facility’s production capacity. ‘‘right’’ to peaceful nuclear technology meet the same high standards of U.S. What was India’s response? On May differ significantly from U.S. views. 30, India signed onto a statement by export laws. As we move forward in our effort Unfortunately, some of India’s policies the Non-Aligned Movement, which said with the international community to appear to embolden Iran’s leaders to that concerns surrounding Iran’s nu- deal, contain, and if necessary, sanc- press forward with their ambitious nu- clear program should be resolved at the clear plans. International Atomic Energy Agency tion Iran for its defiance of inter- As we move forward in our effort Board of Governors and not the U.N. national demands to halt its sensitive with the international community to Security Council, again seeking to nuclear activities, we will need greater deal, contain, and if necessary sanction avoid sanctions, contrary to what U.S. support from a regional partner. We Iran for its defiance of international diplomats and others were urging at will need India to be more effective and demands to halt its sensitive nuclear that time. diligent in preventing the proliferation activities, we will need greater support In July, the U.N. Security Council of technologies, goods, and material from all states, including India, in this passed Resolution 1696, which gave that might be used by Iran to produce effort. Tehran until August 31 to suspend its weapons of mass destruction or the Over a year ago, on September 24, uranium enrichment program and re- means to deliver them. 2005, India voted with the United quired Tehran to fully cooperate with I think that my colleagues would States and 20 other states on the IAEA the International Atomic Energy Agen- agree that the ties between India and resolution which found Iran in compli- cy’s, IAEA, investigation of its nuclear Iran are troubling. That is why I be- ance with its safeguards agreement. programs. lieve we must—through my amend- But the resolution did not refer the Again what was India’s response? Ap- ment—require the President to provide matter immediately to the Security parently, in an attempt to patch up re- a determination that India is actively Council and according to a recent re- lations with Tehran over its earlier supporting efforts to contain Iran’s nu- port produced by the Congressional Re- votes at the IAEA Board of Governors, clear program before he can waive ex- search Service, India was one of a India added its name to the September isting restrictions on civil nuclear handful of countries seeking to avoid 2006 joint statement on Iran’s nuclear commerce with India. such a referral. program released by the Non-Aligned I want to be clear—my amendment is Disturbingly, India’s official expla- Movement at its meeting in Havana. In not ‘‘anti-India.’’ My amendment is a nation of its vote highlights India’s dif- this statement, India called nuclear re- positive and vital step in safeguarding ferences with the United States on how search and development a ‘‘basic in- our own national security interests. to deal with Iran’s nuclear trans- alienable right’’ of Iran’s, and said that There are some in this body who have gressions. It stated that: nuclear ‘‘choices and decisions’’ of dif- argued that this legislation, and the In our Explanation of Vote (this is ferent countries ‘‘must be respected.’’ possible agreement for nuclear co- the Indian government), we have clear- Newspaper headlines in Iran operation, will enhance our strategic ly expressed our opposition to Iran trumpeted the news. The Iran Times relationship and improve India’s non- being declared as noncompliant with headline on September 18 read: ‘‘118 proliferation record. Others have its safeguards agreements. Nor do we Countries Back Iran’s Nuclear Pro- warned that this will damage the vital agree that the current situation could gram.’’ Iran’s President met with In- effort to reduce nuclear weapons dan- constitute a threat to international dia’s Prime Minister in Havana to dis- gers in South Asia and elsewhere if we peace and security. Nevertheless, the cuss how to deepen Indo-Iranian ties. don’t make adjustments to strengthen resolution does not refer the matter to Since then, talks between Iran and the nonproliferation requirements in the Security Council and has agreed the EU to halt the Iranian nuclear pro- the package.

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.072 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S10998 CONGRESSIONAL RECORD — SENATE November 16, 2006 Whatever our differences may be re- cally, my amendment provides two sep- My quarrel is not with the goal of re- garding other aspects of this proposal, arate tests, one for nuclear equipment opening nuclear cooperation with India one issue that I hope we can agree on is and technology, and another for nu- but in the details of the bill and in the the need to ensure we have India’s full clear material. terms on which we propose to resume and active cooperation and support in As to the nuclear equipment and that cooperation. the effort to prevent Iran or other technology, my amendment would re- Under current law, in order for the states from acquiring the capability to quire the President to certify that both United States to resume nuclear trade produce bomb material. India and the United States are taking with India, our two nations must enter As the Senate considers reversing 36 specific steps to conclude a verifiable into an agreement for cooperation years of nuclear proliferation restric- fissile material cutoff treaty before the under section 123 of the Atomic Energy tions, it is important that we ensure United States exports any nuclear Act. Section 123 of the Atomic Energy that India is a true strategic partner in equipment or technology to India. As Act requires the agreement to meet the effort to prevent Iran from acquir- to nuclear fuel, my amendment would eight specific conditions. One of those ing nuclear weapons. require the President to certify that conditions is that India must sign an Again, I appreciate the support of my India has stopped producing fissile ma- agreement with the International colleagues in accepting my amend- terial for weapons, either unilaterally Atomic Energy Agency to safeguard all ment. or as part of a multilateral agreement, nuclear material under its jurisdiction. Mr. LUGAR. I urge adoption of the again, before the United States exports India has consistently and steadfastly amendment. nuclear material to India. refused to agree to these so-called full- The PRESIDING OFFICER. Is there The purpose of the amendment is not scope safeguards. further debate on the amendment? to kill the bill or the agreement with Even if we were able to enter into an If not, the question is on agreeing to India but, as I see it, to strengthen agreement for cooperation with India, amendment No. 5173. that agreement. It would allow nuclear the Nuclear Regulatory Commission The amendment (No. 5173) was agreed trade with India to proceed but in a would then have to license the export to. way that will be consistent with our of specific nuclear material and facili- Mr. LUGAR. I move to reconsider the nuclear nonproliferation goals and our ties to India under the provisions of vote and to lay that motion on the security interests. section 126 of that same Atomic Energy It imposes no unreasonable or unreal- table. Act. And in order to license an export istic conditions on nuclear trade with The motion to lay on the table was under those provisions, the Nuclear India. It simply requires the President agreed to. Regulatory Commission would first to determine that India has followed Mr. LUGAR. I note the distinguished have to find that the statutory export through on its stated agreement to Senator from New Mexico is present. licensing criteria of section 127 and 128 work toward a fissile material cutoff I yield the floor. of the Atomic Energy Act are met. treaty. Let me explain why I believe The PRESIDING OFFICER. The Sen- Among other things, section 128 re- this amendment is necessary. ator from New Mexico. quires the Commission to find that the In 1974, India tested a nuclear weapon full-scope IAEA safeguards will be AMENDMENT NO. 5174 it built using technology that we had maintained on all of India’s nuclear ac- Mr. BINGAMAN. Mr. President, I provided to it for peaceful purposes. tivities. send an amendment to the desk and The title of the pending bill is United Once again, though, of course, India ask for its immediate consideration. States-India Peaceful Atomic Energy has refused to agree to those full-scope The PRESIDING OFFICER. The Cooperation Act. So in 1974, India test- safeguards. Even if India were to ac- clerk will report. ed a nuclear weapon built using tech- cept full-scope safeguards, there is the The legislative clerk read as follows: nology that we had given it for peace- third problem. The Senator from New Mexico [Mr. BINGA- ful purposes. We responded then by Section 129 of the Atomic Energy Act MAN] proposes an amendment numbered 5174. strengthening our nuclear export laws prohibits the export of nuclear mate- Mr. BINGAMAN. I ask unanimous in 1978 to ensure that that could not rials or equipment or sensitive nuclear consent that reading of the amendment happen again. In 1980, we cut off nu- technology to any nonnuclear weapons be dispensed with. clear cooperation with India, after state that has detonated a nuclear ex- The PRESIDING OFFICER. Without India failed to meet the terms of the plosive device, violated or abrogated objection, it is so ordered. new law. IAEA safeguards, or engaged in activi- The amendment is as follows: The bill before us would make it pos- ties directed toward making a nuclear (Purpose: To limit the waiver authority of sible to resume nuclear cooperation explosive device. Even section 129—and the President) with India by exempting India from since India tested a nuclear explosive On page 6, after line 21, add the following: certain requirements that we added to device in 1974 and five times since then our nuclear export laws in 1978. in 1998, it has clearly run afoul of this (c) OPERATION OF WAIVERS.—Notwith- Proponents of the bill offer some standing any waiver under subsection (a)— provision. (1) no nuclear equipment or sensitive nu- strong arguments for going ahead. The Atomic Energy Act provides a clear technology may be exported to India They say that we need to resume nu- way around all of these obstacles. It unless the President has determined, and has clear cooperation in order to cultivate says that the President can waive the submitted to the appropriate congressional closer ties with India. They say it is in full-scope safeguard requirement and committees a report stating, that both India our best interest to help India expand can enter into an agreement for co- and the United States are taking specific its civilian nuclear power program so operation, as he is here proposing to steps to conclude a multilateral treaty on that India might meet its growing en- the cessation of the production of fissile ma- do, without full-scope safeguards if he ergy needs with clean, environmentally determines that insistence on full- terials for use in nuclear weapons or other friendly sources of power. They say it nuclear explosive devices; and scope safeguards: will help to bring India within the (2) no nuclear materials may be exported Would be seriously prejudicial to the to India unless the President has deter- ‘‘nonproliferation mainstream.’’ I don’t achievement of the United States non- mined, and has submitted to the appropriate quarrel with any of those arguments or proliferation objectives or otherwise jeop- congressional committees a report stating, with the goal of the legislation. I agree ardize the common defense and security. that India has stopped producing fissile ma- that our past policies to pressure India Similarly, the act allows the Presi- terials for weapons pursuant to a unilateral on nuclear nonproliferation have not moratorium or multilateral agreement. dent to authorize exports without full- worked. Compared to several of its scope safeguards, and in spite of India’s Mr. BINGAMAN. Mr. President, this neighbors, India has a relatively good detonation of a nuclear explosive de- amendment would establish a link be- nonproliferation record, and by im- vice, if the President: tween the export of nuclear fuel and proving cooperation with India, we Determines that cessation of such exports equipment to India under the United may be able to make India a useful ally would be seriously prejudicial to the States-India nuclear agreement and In- in our efforts to halt the spread of nu- achievement of the United States non- dia’s halting of the production of nu- clear weapons in the Middle East and proliferation objectives or otherwise jeop- clear weapons material. More specifi- in Asia. ardize the common defense and security.

VerDate Aug 31 2005 05:29 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.073 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S10999 President Carter used this authority concerns, including the Fast Breeder What I am recommending is nothing in 1980 to export nuclear fuel to India. Reactor program and its uranium en- more than what our former colleague, But the current administration has ap- richment plants and its spent fuel proc- Senator Sam Nunn, suggested in the parently concluded that President essing facilities, are placed beyond the article which is on each Member’s desk Bush cannot say that withholding nu- reach of any international safeguards. entitled ‘‘A Nuclear Pig In A Poke.’’ It clear exports from India would seri- India will be free to use these facilities was an article in the Wall Street Jour- ously prejudice our nonproliferation to produce fissile material for nuclear nal on May 24, and I commend it to all objectives or jeopardize our security. weapons without any international in- of my colleagues for their consider- So instead of relying on the existing spection or control. ation. Specifically, Senator Nunn in waiver authority that is in the law, the To make matters worse, by allowing that article recommended that: administration has requested and the India to buy civilian nuclear fuel on Congress require a two-stage process. bill provides—the bill before us would the international market, India will no First, before any export of nuclear reactors, provide a specific statutory waiver for longer have to choose between using its components, or related technology are pro- own limited uranium resources to sup- vided to India, the President should have to India. This is a waiver from the full- certify that both India and the United States scope safeguard requirements of sec- ply its civilian power program or its are taking specific steps to lead a serious tions 126, 128, and the nuclear weapons weapons program. It will be able to buy and expedited international effort to con- prohibition contained in section 129. So nuclear fuel for its civilian power pro- clude a verifiable fissile material cutoff instead of applying full-scope safe- gram and devote all its own uranium treatment. guards to all peaceful nuclear activi- resources to its weapons program. Continuing with his statement: ties in India, the bill only asks that The other major problem with this Second, before any exports of nuclear reac- India give the International Atomic approach is that it abandons the funda- tor fuel or its components are provided to Energy Agency and the United States mental tenet of our nuclear non- India, thereby freeing India to use its limited a: proliferation policy; namely, that na- stocks to expand its nuclear weapons pro- gram, the President would be required to Credible plan to separate its civil nuclear tions are required to renounce nuclear weapons in order to get our assistance. certify that India has stopped producing facilities, materials, and programs from its fissile materials for weapons, either as part military facilities, materials, and programs, This simple bargain has been the cor- of a voluntary moratorium or multilateral and that it only apply the IAEA safeguards nerstone of our nonproliferation policy agreement. to those civilian activities. since President Eisenhower announced That is precisely what the amend- Let me just put up a chart up here to the Atoms For Peace program over a ment does. make the point as to what I think the half a century ago. The bill before us I have attached a letter to the opin- bill contains. This is an important dis- abandons that policy. It offers U.S. as- ion piece Senator Nunn wrote, a letter tinction for all of us to understand. sistance to India without any restraint from Senator Nunn to me where he India has been called upon in this or limitation on its existing weapons states that clearly the amendment I agreement to separate what they are program. Making such an exception for am offering today is trying to imple- going to open to safeguards from the India will, in my view, permanently ment the recommendations he made in portion of their nuclear program they weaken our nonproliferation policy and his earlier opinion piece. So this are going to keep separate from any our credibility on this issue. Already amendment is based squarely on Sen- kind of a full-scope safeguard. So there there are other nations, including ator Nunn’s proposal. It simply re- are 14 power reactors and one fuel re- Pakistan, that have asked for similar quires first that before nuclear equip- processing plant they have identified treatment. We are signaling that there ment and technology can be exported, as being subject to safeguards under are no general rules that apply when it the President first should determine this agreement. That is the so-called comes to nonproliferation; whether we that both India and the United States civilian side of what they are doing. will ship nuclear technology or nuclear are taking specific steps to conclude a Then there is the nonsafeguarded fuel or materials to a country depends fissile material cutoff treaty; second, area, and that, according to the Indi- upon the circumstances of each case. that before any nuclear materials may ans—and, of course, they are the ones That is what this agreement signals to be exported to India, the President who make this judgment and have the rest of the world. It is difficult to must determine that India has stopped under this agreement we are now con- see how we can insist that China and producing fissile materials for weap- sidering, they have determined that Russia strictly enforce full-scope safe- ons. there are eight power reactors for guards in their dealings with Iran and Both the United States and India which they are not going to provide North Korea if we are not going to en- have already agreed to work toward a safeguards: their Fast Breeder pro- force full-scope safeguards in our deal- fissile materials cutoff treaty. The bill gram, which they are not going to pro- ings with other countries—India, in before us, in section 1055, already re- vide safeguards for, and of course their this case. That is not to say we should quires the President to determine that entire military program, which is made bar the door to further nuclear co- India is working with us toward such a up of two plutonium reprocessing operation with India or vote down the treaty before he can use the waivers. All my amendment does is to require plants, two uranium enrichment bill. I think we should open up nuclear the President to determine and to re- plants, and two heavy water plutonium trade with India, but we should do it in port to Congress that specific steps are production reactors. So it is clear that a way that is in keeping with our broad being taken before we export nuclear there is a substantial amount of their nuclear nonproliferation policy. equipment and technology, and that nuclear program that they have deter- I believe the bill before us, while seri- India has, in fact, stopped producing mined they will not open to inspection ously flawed as it now stands, can be weapons material before we export nu- fixed, can be salvaged, and that is the by the IAEA and will not open to these clear material to India. The amend- purpose of my amendment. The central requirements which are contained in ment would simply implement Senator our own law. issue, as I see it, is how to allow nu- Nunn’s recommendations. There are major problems with this clear trade with India to proceed with- As I indicated, there is a letter point- approach. First is that the partial safe- out aiding and abetting India’s nuclear ing out that this amendment would, in guards are not full-scope safeguards. weapons program. India has dozens of fact, accomplish that objective that is India produced its separation plan in nuclear weapons today. China has hun- attached to the opinion piece. March. It offers to place some of its ci- dreds of nuclear weapons today. We do Mr. President, I ask unanimous con- vilian power reactors, some of its fuel not want to see a race begin in Asia to sent that Senator Nunn’s May 24 op-ed cycle facilities, some of its research fa- see who can achieve the greatest capa- in the Wall Street Journal and his let- cilities under safeguards, but it leaves bility in nuclear weapons. I believe the ter to me dated September 28 of this still others of its civilian power reac- answer is to establish a link between year be printed in the RECORD at the tors, its fuel cycle facilities, its re- our cooperation with India’s civilian conclusion of my remarks. search reactors, and its military plants nuclear program and India stopping its The PRESIDING OFFICER (Mr. unsafeguarded. Many of the facilities production of nuclear materials for its VITTER). Without objection, it is so or- that raise the greatest proliferation weapons program. dered.

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.033 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11000 CONGRESSIONAL RECORD — SENATE November 16, 2006 (See exhibit 1). make the perfect the enemy of the Biden bill. In our opinion, S. 3709 Mr. BINGAMAN. Mr. President, the good. I support this agreement and op- strikes the right balance in condi- amendment I am proposing here is not pose amendments, like this one, that tioning nuclear trade with India in a killer amendment. I know the tradi- would derail its implementation. areas consistent with the July 18, 2005, tional approach in the Senate is that By linking American exports of nu- Joint Statement. India reiterated its any time an amendment is offered, it is clear equipment and technology to U.S. support for an FMCT in that statement characterized by its opponents as a and Indian progress on a multilateral and our bill applies pressure and re- killer amendment, so you could make FMCT holds New Delhi to a different quires continue monitoring of future the argument that anything we might and higher standard than any other Indian and U.S. administrations to en- change in the pending legislation country we have nuclear trade with, sure full implementation of the deci- would absolutely kill our prospects of higher standards for example than we sion by India to support such a treaty. getting anything done. But this amend- require of Beijing. A successful FMCT Section 105(5) of the Lugar-Biden bill ment is not a killer amendment. As will only be concluded and imple- requires an annual determination that Senator Nunn has stated in his op-ed mented when every nation with fissile India continues its support for an piece, it is not a killer amendment: material production capabilities agrees FMCT and is not preventing adoption and abides by its commitment. I worry Unless you believe that India will continue of a negotiating mandate that leaves its weapons-usable nuclear material produc- that this amendment may provide the issue of verification to be decided tion, and that U.S. and Indian pledges to countries who oppose this bilateral in the negotiations. If India is working work for a fissile material cutoff treaty are agreement with a backdoor veto. In with the United States to conclude an insincere, meaningless gestures. other words, if another nation stymies FMCT or a similar treaty, that would If those pledges are sincere and progress on a FMCT, will India and the justify a presidential determination meaningful, as I trust they are, then U.S. be penalized? under this provision. this amendment simply says they I share the strong support of the Sen- We reinforce these requirements with should be fulfilled before exports begin. ator from New Mexico for an FMCT. report language that reads that: But a successful FMCT negotiation will Adoption of my amendment will sig- the United States must now use the influ- nificantly strengthen the agreement require the assent of all nations, in ence it has gained through efforts in both with India. As Senator Nunn has said: particular China. Unlike the U.S., the India and Pakistan, and with India in par- United Kingdom, France, and Russia, ticular through its nuclear trade with that This two-stage approach would signifi- China is assumed to have ceased fissile cantly strengthen the deal in a way that im- nation, to help them transition from nuclear proves the protection of our core security in- material production but has not made build-ups to stability and arms reductions. terests, while ultimately allowing trade to a public statement confirming this as This is nowhere more relevant than in the proceed. By establishing a linkage between the others have. area of fissile material production. exports of nuclear material and the cessation The report that accompanies the In addition, this amendment requires of Indian production of nuclear weapons ma- Lugar-Biden legislation, S. 3709, high- the President to determine that India terial, this amendment will maintain the in- lights the potential trouble with these has ceased the production of fissile ma- tegrity of an important U.S. security objec- kind of linkages. The Conference on terials for nuclear weapons before the tive; that is, preventing the growth and Disarmament, the host of talks on a agreement can be implemented. India spread of nuclear weapons-usable material FMCT, has been unable to agree on a has long rejected calls for the cessation around the globe. work program, in part because some of fissile material production, pointing Without this amendment I am offer- countries—notably China—have re- to rival nuclear weapons programs as ing, I fear the enactment of the bill fused to approve the beginning of justification. pending before us would result in mak- FMCT negotiations unless the Con- India maintains that it cannot agree ing the world a more dangerous place ference on Disarmament also approves to a unilateral cap on fissile material rather than a less dangerous place. discussions of other issues, such as nu- production at this time. Pakistan con- This amendment will give us the ad- clear disarmament and banning weap- tinues to produce fissile material for vantages of the agreement but without ons in outer space. For its part India weapons-related purposes, and China the increased danger which all of us has long supported conclusion of an ef- has not yet committed to a morato- would like to see avoided. fectively verifiable FMCT. This posi- rium on such production. It is not in Mr. LUGAR. Mr. President, I rise in tion reflects India’s concern regarding U.S. national security interests to opposition to the amendment offered fissile material production by its nu- threaten the significant nonprolifera- by the Senator from New Mexico. This clear-armed neighbors, and it would be tion gains afforded by this Initiative is a killer condition because it requires unrealistic to expect a precipitous with India in order to seek a fissile ma- the President to make two determina- change in India’s position. It would be terial cap that India indicates it can- tions prior to the U.S.-India agreement difficult to determine that the U.S. and not agree to, absent a similar commit- being implemented that are at odds India have taken specific steps to con- ment by Pakistan and China. with the purpose of the pact. clude an FMCT if Chinese interference As Secretary Rice testified on April First, under the Bingaman amend- didn’t permit the negotiations at the 6, 2006, before the Committee on For- ment a determination must be made Conference on Disarmament to start. eign Relations: that both India and the United States In testimony before the Committee on Foreign Relations, former Secretary India would never accept a unilateral have taken specific steps to conclude a freeze or cap on its nuclear arsenal. We Fissile Material Cut-off Treaty, or of Defense William Perry addressed the raised this with the Indians, but the Indians FMCT, before the U.S. can export nu- danger of conditioning passage of the said that its plans and policies must take clear equipment and technology. U.S.-India agreement on FMCT-related into account regional realities. No one can The amendment requires that a sec- issues. In fact, Bill Perry stated that credibly assert that India would accept what ond determination be made that India there were many things by which we would amount to an arms control agreement has stopped the production of fissile could condition nuclear trade with that did not include other key countries, like China and Pakistan. material for weapons before the U.S. India on, including ‘‘India tak[ing] a can export nuclear materials. leadership position in promoting an In addition, Under Secretary of State While I agree that an Indian commit- international cutoff in the production for Arms Control and International Se- ment to abandon its nuclear weapons of fissile material.’’ But Dr. Perry con- curity Policy, Bob Joseph, and Under program would have been optimal, even cluded: Secretary of State for Political Affairs, in its absence this agreement serves I do not recommend that the Senate try to Nicholas Burns, stated on March 29, modify the agreement to include them. In- U.S. national security interests. Mem- 2006: stead, I recommend that the Senate task the The curtailment of the production of fissile bers must consider whether this Administration to vigorously pursue con- amendment and others like it advance material for weapons was discussed as part tinuing diplomacy to facilitate these ac- of the Civil Nuclear Cooperation Initiative, U.S. national security. I believe that tions, and that should be as a follow-on to but India maintained that it could not agree U.S. interests are served by greater the agreement. to a unilateral cap at this time. The U.S. has IAEA oversight of India’s nuclear pro- Secretary Perry’s advice was good achieved an important objective by obtain- gram and I reject amendments that counsel and we adopted it in the Lugar- ing India’s commitment to work toward the

VerDate Aug 31 2005 05:29 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.034 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11001 conclusion of a multilateral Fissile Material time when India was a hindrance rath- The assistant legislative clerk read Cutoff Treaty (FMCT). Moreover, we remain er than a partner in international, as follows: willing to explore other intermediate options multilateral nonproliferation and arms The Senator from North Dakota [Mr. DOR- that might also serve such an objective. We control efforts. GAN] proposes an amendment numbered 5178. also continue to call on all states that produce fissile material for weapons pur- Senator BIDEN and I believe we have Mr. DORGAN. Mr. President, I ask poses to observe a voluntary production mor- addressed this matter in a manner that unanimous consent the reading of the atorium, as the United States has done for does not threaten the viability of the amendment be dispensed with. many years. agreement. The determinations I de- The PRESIDING OFFICER. Without Senator BIDEN and I took a number scribed above were carefully drafted to objection, it is so ordered. of steps to address concerns about con- balance, and not upset, the ongoing ne- The amendment is as follows: tinued Indian fissile material produc- gotiations in Vienna or those in the (Purpose: To declare that it is the policy of tion but we sought to do so in a man- U.S. and India. We must not forget that the United States to continue to support ner that did not threaten the efficacy Congress will have a chance to vote on implementation of United Nations Secu- of the U.S.-India Agreement. In section the 123 Agreement. S. 3709 provides rity Council Resolution 1172 (1998)) 103(1) of our bill we make it the policy Congress with an up or down vote on On page 5, beginning on line 15, strike of the United States ‘‘to achieve as this important agreement and fully ‘‘Treaty; and’’ and all that follows through quickly as possible a cessation of the protects Congress’ role in the process ‘‘that exports’’ on line 16 and insert the fol- and ensures congressional views will be lowing: ‘‘Treaty; production by India and Pakistan of (9) to continue to support implementa- fissile materials for nuclear weapons taken into consideration. In conclusion, the Bingaman amend- tion of United Nations Security Council Res- and other nuclear explosive devices.’’ olution 1172 (1998); and Section 108(a)(1)(A) requires an an- ment imposes an unacceptable pre- (10) that exports nual reporting requirement on Indian condition on civil nuclear cooperation with India. India will regard this as Mr. DORGAN. Mr. President, this implementation and compliance with amendment is very simple and very ‘‘the nonproliferation commitments ‘‘moving the goalposts,’’ an unaccept- able renegotiation of the deal, and a short. Its brevity is contained in line 4 undertaken in the Joint Statement of to line 6. July 18, 2005, between the President of bad-faith effort on our part. As a consequence, this is a deal-killer It is an amendment that says we will: the United States and the Prime Min- On page 5, beginning on line 15, strike ister of India.’’ that wrecks the balance that we sought between executive and legislative ‘‘Treaty; and’’ and all that follows through Other subsections within section 108 ‘‘that exports’’ . . . and insert the following: of our legislation require: (1) annual re- power, nonproliferation responsibil- (9) to continue to support implementation ports on ‘‘significant changes in the ities, and the U.S.-India relationship. of United Nations Security Council Resolu- production by India of nuclear weapons Killer conditions such as these forfeit tion 1172. or in the types of amounts of fissile the U.S. ability to influence Indian be- Let me describe what this means and materials produced’’; (2) whether India havior. While I understand that this why I am offering it. In May of 1998, ‘‘is in full compliance with the com- was not the intent of the Senator from the United Nations Security Council mitments and obligations contained in New Mexico, in my view it is the prac- unanimously passed Security Council the [U.S.-India] agreements and other tical effect. Resolution No. 1172 after India and documents’’; and (3) a requirement to In sum, the Lugar-Biden bill address- then Pakistan, detonated nuclear identify and assess all compliance es the issues raised by this amendment weapons. The Security Council unani- issues arising on India’s commitments without undercutting the agreement. mously passed a resolution. and obligations. These reporting re- Unfortunately, the Bingaman amend- The resolution I have in my hand, in quirements will ensure that Congress ment is a killer amendment and I urge part, says that the Security Council is remains fully informed on develop- Senators to oppose it. gravely concerned at the challenge I yield the floor and suggest the ab- ments related to the implementation that the nuclear tests conducted by sence of a quorum. India and then Pakistan constitute to of this agreement. As we all know, it is The PRESIDING OFFICER. The the prerogative of Congress to review international efforts aimed at clerk will call the roll. strengthening the global regime of these treaties and take action should The assistant legislative clerk pro- nonproliferation of nuclear weapons we ever determine that Indian activi- ceeded to call the roll. ties put the benefits of the agreement Mr. DORGAN. Mr. President, I ask and also gravely concerned at the dan- on U.S. national security interests in unanimous consent that the order for ger to peace and stability in the region. doubt. the quorum call be rescinded. Continuing, it says that the resolu- In addition, the committee adopted The PRESIDING OFFICER. Without tion condemns the nuclear tests con- an amendment offered by Senator objection, it is so ordered. ducted by India on 11 and 13 May, 1998, CHAFEE during markup of S. 3709 mak- Mr. DORGAN. I have two amend- and by Pakistan on 28 and 30 May, 1998, ing it the policy of the United States ments to offer. I will be happy to offer demands that India and Pakistan re- that peaceful atomic cooperation and and debate them in order and to work frain from further nuclear tests, calls ‘‘exports of nuclear fuel to India should with the chairman on whatever ar- upon India and Pakistan immediately not contribute to, or in any way en- rangements he might wish for a vote to stop their nuclear weapon develop- courage, increases in the production by on these amendments. ment programs, to refrain from India of fissile material for non-civil- Mr. LUGAR. Let me respond to the weaponization or from the deployment ian purposes.’’ Senator. I appreciate his willingness to of nuclear weapons, to cease develop- The administration is in the midst of offer the amendments in a timely fash- ment of ballistic missiles capable of de- negotiations with India on a 123 Agree- ion. We are in the process of debating livering nuclear weapons and any fur- ment, and New Delhi is also negoti- one amendment, but I will ask unani- ther production of fissile material for ating a new safeguards agreement with mous consent it be temporarily laid nuclear weapons; it says the Security the IAEA. The Nuclear Suppliers Group aside so the Senator can offer his Council recognizes that the tests con- has yet to make a decision to embrace amendments to expedite this consider- ducted by India and Pakistan con- the U.S.-India Agreement and approve ation. stitute a serious threat to global ef- its 45 member states to engage in nu- The PRESIDING OFFICER. Without forts toward nuclear nonproliferation clear trade with India. If we accede to objection, the amendment is set aside. and disarmament, urges India and conditions such as the one contained in The Senator is recognized to present Pakistan and all other states that have the Bingaman amendment, conditions his first amendment. not yet done so to become parties to that India has already rejected, we will AMENDMENT NO. 5178 the Nuclear Non-Proliferation Treaty severely limit our ability to influence Mr. DORGAN. I send an amendment and to the Comprehensive Nuclear Test India’s nuclear program. to the desk and ask for its immediate Ban Treaty without delay and without Moreover, the IAEA’s ability to mon- consideration. conditions. itor India’s activities will be further The PRESIDING OFFICER. The That was the reaction of our country circumscribed and we will return to a clerk will report. and of the United Nations in May of

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.021 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11002 CONGRESSIONAL RECORD — SENATE November 16, 2006 1998, following the detonation of nu- Secretary of State Condoleezza Rice on those who want to build more nu- clear weapons by both India and Paki- rushing to India to negotiate these clear weapons, to say to them it is not stan, a point in time in which the kinds of agreements that begin to acceptable to us to have you building world was very concerned about those untie and unravel decades of leadership additional nuclear weapons. actions. by our country against the prolifera- Yes, that goes for India. It goes for Our country then led a multinational tion of nuclear weapons. As the world Pakistan. It goes for China. It goes for effort to pass a resolution in the watches our actions, what will they all of those countries. United Nations, Resolution 1172. That learn from this discussion, from these resolution, which passed unanimously actions by the Senate? Will they learn That ought to be our message. It and which has become a resolution today that we remain committed to ought to be unified. It ought not to be that represents our policy and our sup- Resolution 1172 of the United Nations? convoluted. It ought to be clear. Yet port for these basic tenets, is at odds It would be, it seems to me, a huge the underlying message with what is with the underlying legislation being step backward for the Senate to say on the floor of the Senate—again, nego- considered by the Senate. that Resolution 1172, which was our tiated by Ambassador Burns and Sec- I offer a piece of legislation, an policy, which passed unanimously in retary of State Condoleezza Rice, amendment, that says it is still U.S. the United Nations, which called for largely in secret; I read about it, by the policy to support the implementations the cessation of the production of addi- way, in the Washington Post—the un- of United Nations Security Council tional nuclear weapons by both India derlying message is we have decided to Resolution 1172. and Pakistan, if we were to tell the develop a relationship with India that How does this square with what is be- world that somehow that is no longer is a counterweight to China in that re- fore the Senate? our policy, that is no longer opera- gion. One way to do that is to allow Resolution 1172 demonstrated that tive—at least it is not operative with India to be able to purchase the things our country, the United States, and the respect to India and Pakistan. they need with which to produce addi- rest of the international community, As I said earlier, the burden falls to tional nuclear power. agree there should be no further nu- us to stop the spread of nuclear weap- clear weapons testing in South Asia ons. It is our responsibility. We are the They have been prevented from doing and there should be an end to dan- major nuclear superpower in the world. that because they refused to sign the gerous nuclear arms competition and We inherit the requirement to stop the nonproliferation treaty. They refused no additional nuclear weapons pro- spread of nuclear weapons, keep nu- to sign that treaty; therefore, they duced. That resolution is as relevant clear weapons out of the hands of ter- have had sanctions against them and today as it was in 1998. rorists, try to prevent a cataclysmic resolutions at the United Nations en- Both India and Pakistan have vio- terror attack anywhere in the world acted that have condemned the ac- lated Resolution 1172. They continue to and especially against the cities of our tions. And now, in one fell swoop, they build nuclear weapons, they produce country by a terrorist group who has a are told: Never mind. It does not mat- fissile material for weapons in both of nuclear weapon. It is our responsibility ter. We are friends, and that friendship those countries, they continue to de- to do that. transcends the sanctions that exist for velop new nuclear-capable missiles. What then embraces that responsi- those of you who have not signed the No one in this Chamber would like to bility? What kind of things should we nonproliferation treaty. see, in my judgment, India or Pakistan be doing in the Senate? Should we be I think this is a horrible mistake. resume nuclear testing. deciding in the Senate that one way to Again, I do not question the motives of Now, the Bush administration wants do that is to allow the production of those who disagree with me. But we to lift international restrictions on nu- additional nuclear weapons on this have made some very serious mistakes clear trade with India. It is as if the Earth? Of course not, that is absurd. recently because some big thinkers United Nations Security Council reso- Will the underlying bill that is before made some big mistakes. This is a very lution doesn’t exist, never happened, the Senate allow the production of ad- big mistake. It is likely that the Sen- doesn’t apply to our country, doesn’t ditional nuclear weapons? Of course, it ate will pass the underlying legislation apply to India. What does that say to will. Everyone agrees with that. We all today. I will regret that. But if it North Korea? What does that tell the understand that. If that weren’t the passes that legislation without re- country of Iran? case, there would not be a requirement affirming the basic support for Resolu- This past July, the United States to keep eight of the nuclear reactors tion 1172, this message today will have convinced the Security Council of the behind a curtain that will never be in- been a very destructive message to the United Nations to call upon Iran to spected. We understand what is going rest of the world with respect to our fully cooperate with the IAEA and sus- on. country’s leadership away from nuclear pend its uranium enrichment program, I read this morning the statement stop work on a heavy water production. from one of the top advisers in India proliferation. Iran has not complied and the U.S. that said they have a responsibility to So, Mr. President, I would hope that working with other nation states on move quickly and aggressively to con- we could have a vote on this resolu- the Security Council to pass another tinue to build their nuclear deterrent. tion. I have a second resolution that I resolution. That is exactly what is at work here. shall offer. But with that discussion of In October, the Security Council Has our country now decided it is not my resolution, I will yield the floor so passed Resolution 1718, which con- our responsibility to stop this? Have my colleagues can respond to it. demns North Korea’s nuclear test and we decided to be the green light to The PRESIDING OFFICER. The Sen- demands that North Korea not conduct allow others to build additional nu- ator from Indiana is recognized. any further nuclear test or launch of a clear weapons? Is that the junction we ballistic missile. It also calls on North have reached? Not with my vote. AMENDMENTS NOS. 5179 AND 5180 Korea to abandon all nuclear weapons I understand all the arguments about Mr. LUGAR. Mr. President, I send in existing nuclear programs in a com- the geopolitics and about India and two amendments to the desk that have plete, verifiable, and irreversible man- China and counterweights and all of been cleared on both sides. ner; also, to give up its ballistic missile these issues. None of it, in my judg- program. ment, justifies a decision by the United The PRESIDING OFFICER. Without But these resolutions on Iran and States of America to send a signal to objection, the clerk will report. North Korea will, in my judgment, the world that we believe it is all right The assistant legislative clerk read mean far less if the United States does for anybody to begin producing addi- as follows: not reaffirm its commitment to Reso- tional nuclear weapons. lution 1172 with respect to India and Our role, our responsibility, is to find The Senator from Indiana [Mr. LUGAR], for ways today, on Thursday, November 16, Mr. BINGAMAN, proposes amendments num- Pakistan. bered 5179 and 5180, en bloc. As the world watches our actions— 2006 to shut down the production of ad- and we have Ambassador Burns and ditional nuclear weapons, put pressure The amendments are as follows:

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.040 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11003 AMENDMENT NO. 5179 The amendments (Nos. 5179 and 5180) The Security Council resolution (Purpose: To require as part of the imple- were agreed to. passed after those tests called for sev- mentation and compliance report an esti- Mr. LUGAR. I move to reconsider the eral things: one including for India and mate of uranium use and an analysis of the vote, and I move to lay that motion on Pakistan to immediately stop their nu- production rate of nuclear explosive de- the table. clear weapons programs and their bal- vices) The motion to lay on the table was listic missile programs. We wish they On page 18, beginning on line 7, strike ‘‘ex- agreed to. would have ceased their nuclear pro- isting’’ and all that follows through ‘‘de- Mr. LUGAR. I would mention, Mr. scription’’ on line 9 and insert the following: grams. They did not. We wish they had President, the author of the amend- existing agreements; ceased their programs with regard to ments is Senator BINGAMAN, and one of (6) an estimate of— missiles. Well, they did not. (A) the amount of uranium mined in India the amendments is also in conjunction So the fact is, it is not realistic. We during the previous year; with Senator DOMENICI. wish they would join the nuclear test (B) the amount of such uranium that has AMENDMENT NO. 5178 ban treaty. But do we really think that likely been used or allocated for the produc- Mr. President, I want to respond to is possible under this administration tion of nuclear explosive devices; and the distinguished Senator from North that is not supportive of a comprehen- (C) the rate of production in India of— Dakota briefly. I oppose his amend- sive nuclear test ban treaty? (i) fissile material for nuclear explosive de- ment. While the amendment would vices; and In this legislation, and in the United (ii) nuclear explosive devices; merely state that it is U.S. policy to States-India nuclear agreement, we are (7) an analysis as to whether imported ura- continue to support implementation of making clear that continued coopera- nium has affected the rate of production in the Security Council resolution that tion under this nuclear agreement and India of nuclear explosive devices; and was passed in June 1998 in response to nuclear exports to India will cease if (8) a detailed description the nuclear weapons tests in South India, one, tests a nuclear device, ter- AMENDMENT NO. 5180 Asia—a resolution we voted for—I be- minates or materially violates its (Purpose: To establish a United States-India lieve the amendment casts us back to a IAEA safeguards, materially violates scientific cooperative threat reduction pro- very different time, well before the mi- its agreement with the United States, gram) raculous changes in India’s relations or engages in nuclear proliferation. At the end of title I, add the following: with the United States and with the Further, the bill requires that India SEC. 114. UNITED STATES-INDIA SCIENTIFIC CO- world that occurred as a result of the sign a safeguards agreement with the OPERATIVE THREAT REDUCTION PROGRAM. July 2005 Joint Statement and India’s IAEA and negotiate an additional pro- (a) ESTABLISHMENT.—The Secretary of En- decision to turn the corner on non- tocol. It also requires the President to ergy, acting through the Administrator of proliferation policy generally. certify that the safeguards agreement the National Nuclear Security Administra- I do not believe this bill is the right is in accordance with the IAEA stand- tion, shall establish a cooperative threat re- place to address ourselves to the past. ards, principles, and practices. duction program to pursue jointly with sci- This bill is about the future. We have In sum, that is U.S. policy toward entists from the United States and India a taken adequate account in the bill of India and its nuclear program, and I do program to further common nonproliferation the concerns the Senator’s amendment not see the purpose of revisiting the goals, including scientific research and de- velopment efforts related to nuclear non- would address. Section 1033 of the old history of 1998. We need to look for- proliferation, with an emphasis on nuclear Lugar-Biden bill makes it the policy of ward, and that is what we are doing in safeguards (in this section referred to as the the United States that: this legislation. We are using this leg- ‘‘program’’). India remains in full compliance with its islation and the agreement to build a (b) CONSULTATION.—The program shall be non-proliferation, arms control, and disar- new relationship with India on this carried out in consultation with the Sec- mament agreements, obligations, and com- issue, and also using it as a means to retary of State and the Secretary of Defense. mitments. strengthen the bilateral relationship (c) NATIONAL ACADEMIES RECOMMENDA- Section 108(b) of our legislation re- TIONS.— across the board. And in doing so, we (1) IN GENERAL.—The Secretary of Energy quires annual reporting, including a de- have enshrined important nonprolifera- shall enter into an agreement with the Na- tailed description of ‘‘United States ef- tion principles into this legislation be- tional Academies to develop recommenda- forts to promote national or regional cause we cannot turn back the history tions for the implementation of the program. progress by India and Pakistan in dis- of 1998. (2) RECOMMENDATIONS.—The agreement en- closing, securing, capping, and reduc- So at the appropriate time—and I tered into under paragraph (1) shall provide ing their fissile material stockpiles, think we are working now on a consent for the preparation by qualified individuals pending creation of a world-wide fissile agreement—I would urge the defeat of with relevant expertise and knowledge and material cut-off regime, including the the communication to the Secretary of En- the Dorgan amendment. ergy each fiscal year of— institution of a Fissile Material Cut- I yield the floor. (A) recommendations for research and re- Off treaty; the reactions of India and The PRESIDING OFFICER. The Sen- lated programs designed to overcome exist- Pakistan to such efforts; and assist- ator from North Dakota is recognized. ing technological barriers to nuclear non- ance that the United States is pro- Mr. DORGAN. Mr. President, just a proliferation; and viding, or would be able to provide, to couple of—— (B) an assessment of whether activities and India and Pakistan’’ to promote such Mr. DOMENICI. Mr. President, will programs funded under this section are objectives. the Senator yield just for a moment? achieving the goals of the activities and pro- In the context of this bill, I do not Mr. DORGAN. Yes. grams. believe it is appropriate to return to Mr. DOMENICI. Mr. President, I ask (3) PUBLIC AVAILABILITY.—The rec- ommendations and assessments prepared the past in a way the Senator’s amend- the Senator, how long do you think it under this subsection shall be made publicly ment would, and I urge defeat of the will take for you to discuss and dispose available. amendment. of your amendment? (d) CONSISTENCY WITH NUCLEAR NON-PRO- The PRESIDING OFFICER. The Sen- Mr. DORGAN. Mr. President, it is my LIFERATION TREATY.—All United States ac- ator from Delaware is recognized. intention to respond briefly to a couple tivities related to the program shall be con- Mr. BIDEN. Mr. President, I rise to of comments that have been made in sistent with United States obligations under speak to the Dorgan amendment. I ap- objection to my amendment, and then the Nuclear Non-Proliferation Treaty. preciate, respect, and share the senti- (e) AUTHORIZATION OF APPROPRIATIONS.— to offer my second amendment, per There are authorized to be appropriated such ment and concern of the Senator from agreement with the chairman. That sums as may be necessary to carry out this North Dakota who has been doggedly would probably take me about 10 min- section for each of fiscal years 2007 through supportive of pushing nonproliferation utes, and to speak in support of my 2011. and a nonproliferation regime. And if second amendment. Mr. LUGAR. I urge adoption of the this were 1998 or 1999, I would support Mr. DOMENICI. Mr. President, I amendments. the Senator’s amendment. But this is thank the Senator, and I yield the The PRESIDING OFFICER. Without 2006, and a great deal has changed since floor. objection, the amendments are adopted India and Pakistan both exploded nu- Mr. DORGAN. Mr. President, I lis- en bloc. clear devices in 1998. tened intently to my two colleagues

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.025 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11004 CONGRESSIONAL RECORD — SENATE November 16, 2006 who apparently cannot find the ability stroyed nuclear weapons, no, not by India obviously violated those sanc- to support this amendment. I do want battle, not through firing our nuclear tions and did not comply with the U.N. to make a couple of observations. One weapons. We destroyed them by saws resolution. But there is a reason for of my colleagues said that India is in and other methods of destruction, paid that—not a justification, a reason. full compliance with its commitments. for by the American taxpayer. They looked across their borders north Well, yes, that is true. And the reason We destroyed nuclear weapons. Four and west and saw two nuclear powers— they are in full compliance with their countries that possessed them are now one emerging nuclear power, one exist- commitments is they do not have the free of nuclear weapons. We destroyed ing nuclear power—and they concluded, commitments we have. They have not delivery systems, Backfire bombers, rightly or wrongly, from their perspec- signed the nonproliferation treaty. missiles. Yes, that is the past, a past I tive that they had to be a nuclear They do not have the commitments am enormously proud of, a past we power. that we would expect of them. So are need more of, a past we need to learn It is clear nonproliferation does not they in full compliance with the com- from. work in a vacuum. Nonproliferation en- mitments that do not exist? I do not The future? The future is a process treatments, requests, proddings to a know. I mean, I guess. It is not much of here by which we say: Do you know nation that finds itself in a situation an excuse for India, in my judgment. I what. India, you are a good country— where it believes it is threatened by a don’t understand that objection. and let me join in that description of nuclear neighbor have not worked par- The discussion of ‘‘this agreement the county of India. But we also say: ticularly well, offering those two ex- would cease if the following’’ omitted We don’t care so much anymore you amples, for example. one key issue: ‘‘This agreement will didn’t sign the nonproliferation treaty. It seems to me what we are attempt- cease if India continues to produce ad- We don’t care that you violated Reso- ing to do is the only route to get to the ditional nuclear weapons.’’ No, that lution 1172 of the United Nations. That point where both India and Pakistan was not included in this bill. Why? Be- is all OK. And, in fact, we are going to are part of a nonproliferation treaty; cause this agreement allows India to tell the suppliers of the world that can that is, we are trying to change the re- continue to produce additional nuclear supply you with things you need to gional situation on the ground. It is weapons. That is at the root of this produce nuclear power go ahead and do not going to happen through a non- agreement; otherwise why would you that. The sanctions are off. We have de- proliferation treaty. It is going to hap- have nuclear facilities put off limits cided that our position has changed. It pen through a rapprochement between behind a curtain, behind which India used to be that we and the rest of the India and Pakistan. The idea that we can produce additional nuclear bombs? world would not allow you to purchase would be able to, through any legisla- So this issue of that we have safe- that because you would not sign the tion, prevent India from moving for- guards, and this agreement will cease if nonproliferation treaty. We have ward to add additional nuclear weap- the following exists, does not include changed our minds. In fact, we are ons, if they so choose to do that—there that this agreement will cease if India going to tell the suppliers to furnish is no legislation we can pass to do that. continues to produce additional nu- that to you, and you can use it behind What this legislation does is recog- clear weapons. Why doesn’t it include the curtain with some of your facilities nize the reality of the geopolitical situ- that provision? Because all of us here to produce additional nuclear weapons. ation in the region, set up safeguards know what is going to happen. What is You can do it because there will be no to deal with the ability for India to use going to happen is this agreement is inspections. anything we are doing with them to be going to pass, and our ally, a wonderful That, frankly, is the circumstance of able to further advance their nuclear country, India, is going to be told by this legislation. So we have disagree- capability, give them a new buy-in to this country: It is all right if behind a ment. I regret that. But I feel very an international regime that will have curtain uninspected facilities continue strongly. I know my colleagues feel the effect of putting pressure on them to produce additional nuclear bombs. strongly about their position on this to move in the direction we and the So- That is all right with us. It works fine issue. I would just say, I hope we will viets moved on back when that Back- with us. It is not all right with me. It not decide today as a Senate to say fire bomber strut was sawed off a wing, does not work fine with me. that Security Council Resolution 1172 and that is the route we choose. It is The past versus the future? I am glad does not matter because it is old. It is not pretty. It is not clear. It is no guar- we are not debating the Constitution. timeless. It is not old. It is timeless in antee. It is not certain to succeed. But That is the past. Man, that is a couple its position of what we should stand for I do know one thing: Absent this agree- hundred years past. What are the vir- as a country. ment, there is a likelihood things get tues of the Constitution? How about Mr. President, I yield the floor. worse instead of better, beyond what the virtues of the past, the efforts in The PRESIDING OFFICER. The Sen- may already occur. the past at nonproliferation, the efforts ator from Delaware. I appreciate the Senator’s compari- in the past when we were serious about Mr. BIDEN. Mr. President, I will be sons, but I think they are not as apt as these issues? Really serious. And this very brief. they might appear to be because, country took it upon themselves to As I said, I really admire, respect, again, India’s motivation, in terms of say: We are going to lead the way. We, and observe the passion of my friend its viewing its need for a nuclear arse- by God, are going to lead the way be- from North Dakota on this issue. But I nal, is not unlike the motivation that cause it is our burden. It is our respon- think the comparisons are not particu- existed with regard to the United sibility. larly apt. The wing strut the Senator States and the Soviet Union. It is We inherit that requirement. Yes, has was able to be held in his hand be- going to take a geopolitical settlement that is the past, and I am proud of that cause two countries—the United States of that, not a nuclear arms control past. In fact, this morning I described and the Soviet Union—concluded that agreement imposing a settlement on part of that past, credited, I might say, it was in their mutual interest to cease India and Pakistan at this moment, to my colleague from Indiana and my and desist and/or significantly reduce now that the genie is out of the bottle. former colleague from Georgia, and my the threat each posed to the other. And I appreciate my friend’s point and re- colleague from Delaware. I hold in my they were the only threats that ex- spect his point of view, but I disagree hand a wing strut from a Soviet bomb- isted. The only threat to the United that it is the best way to move for- er that likely carried a nuclear weap- States from a nuclear capability of an ward. on, which could have been dropped on ICBM or a Backfire bomber resided in The PRESIDING OFFICER. The Sen- an American city. the Soviet Union. ator from North Dakota. That wing strut came from an air- Now, we tried. I was the author of— Mr. DORGAN. Let me respond brief- plane that was not shot down. That air- and, as a matter of fact, there was a ly. There is a very big difference be- plane was sawed up by an agreement. South Dakota Senator named Pressler, tween this and the agreement we had That sawing of that Backfire bomber, along with JOHN GLENN, who early on with the Soviet Union. In the Soviet whose wing strut I now hold, was paid put in legislation relating to sanctions Union agreement, both sides, the for by American taxpayers. We de- for India. United States and the Soviet Union,

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.045 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11005 decided they wished to reduce the num- The PRESIDING OFFICER. The Sen- tivity, will open to monitoring by the ber of nuclear weapons and the delivery ator from New Mexico is recognized. IAEA. Obviously, we ought to start, if systems of those weapons. As a result Mr. DOMENICI. Mr. President, I that is where we are going to end up, of that decision, both sides wishing to thank the distinguished chairman, because that is as good as we are going reduce both weapons and delivery sys- Senator LUGAR, for arranging for my to do. And certainly we ought to be tems, we embarked on a process that few remarks before he proceeds. grateful that through the leadership of was very helpful to both countries and After committing to a framework 16 the President and now the leadership of to the world and to world peace. This is months ago, President Bush and India’s the Congress, we can get there. very different. This is mutual interest. Prime Minister announced an agree- The people are similar to the Amer- But now, we are told it is in our mu- ment earlier this year on civil nuclear ican people. They desire a better life tual interest, us and India, to have cooperation between our two countries. for themselves and their children. India be allowed to produce additional I believe they recognize this historic Rapid economic growth that has led to nuclear weapons, not reduce nuclear moment in our history, one that re- improving their standard of living is weapons. Under this agreement, every- quires vision and foresight to antici- projected to result in a doubling of the one will agree, India will be allowed to pate the world as it will be rather than energy needs of their country in the increase nuclear weapons. If India is al- stuck in the past wishing things some- next 25 years. India must make choices lowed to increase nuclear weapons how would be different. Some will today that drive their energy mix in under this agreement, that is very dif- argue that we must pursue a better the future. ferent from the agreement we had with deal approaching perfection, but the Like many countries, they have cho- the Soviets by which we decided to re- deal that has been negotiated is a good sen nuclear power to improve their en- duce. one that we must pursue now and begin ergy security while reducing reliance The point is, this agreement says it taking steps to strengthen the non- on imports. India currently has nine is in our mutual interest to allow India proliferation regime with India by our reactors under construction and plans to increase its production of nuclear side. to grow the nuclear share to 25 percent weapons. That is clearly not in our mu- Senators LUGAR and BIDEN and the by 2050. That is 100 times the 2002 ca- tual interest, but that is what the reso- Foreign Relations Committee have pacity. Cooperation with India will lution says. done an admirable job of striking a bal- lead to significant opportunities for Second, my colleague is right, none ance that anticipates this future. This U.S. industry to help assure India’s en- of this operates in a vacuum. This will strong, bipartisan bill represents a ergy mix, including nuclear power, is not be in a vacuum, either. Pakistan critical step toward strengthening an clean, diversified, and proliferation-re- will insist on producing more nuclear eroding nonproliferation framework. sistant. weapons. So will China. Pakistan has We only need look at North Korea and I strongly support an evolving stra- already told our country: If you are Iran for evidence that this erosion is tegic U.S. relationship with India that going to do this with India, we want taking place and as a wake-up call that this agreement promotes. We ought to you to do it with us. So this decision fundamental change is needed. The be proud of it and move with dispatch. will not be made in a vacuum vis-a-vis global community must work together It is the world’s largest democracy and India; this decision will have an impact to assure the peaceful pursuit of civil- a worthy partner that we can work regionally and around the world. ian nuclear waste. My colleague is very skillful in pre- with in our pursuit of global security. This historic agreement is a critical I have worked with Senator LUGAR in senting his position. I admire both of step that moves the United States and my colleagues and their skill and de- the past on nonproliferation measures India toward a strategic relationship that required vision and foresight. termination as well. We just have a dif- between our great democracies. ference of opinion. I think this is a With India also, we must look to our Through this relationship, built on future. I urge my colleagues to support very significant mistake. strength, we can jointly work toward a I have a second amendment which I this bill and urge dispatch in consider- vision of a proliferation-free world. I will send to the desk and offer for its ation of the balance of the subject mat- understand that is a vision. It is not consideration and try to truncate the ter. real even now. And while things might description of that very briefly, if that I thank Senator LUGAR for obtaining is appropriate to the chairman. even look a little worse, the truth is, time for me on the floor, and I yield Mr. LUGAR. Mr. President, may I re- the relationship we are building with the floor. spond briefly to my colleague? what we are agreeing to here on the Mr. LUGAR. Mr. President, I thank The PRESIDING OFFICER. The Sen- floor, when that completes its course the distinguished Senator from New ator from Indiana. and becomes a reality, then that means Mexico, Mr. DOMENICI, for his very Mr. LUGAR. It would be my hope— we are building toward a proliferation- strong statement, and I simply want to and let me discuss this quickly—that free world. mention again how much I appreciate the debate on the first amendment of India is a worthy partner. That was working with him over the years. The Senator DORGAN is completed. Sec- one of the basic questions: Should you Nunn-Lugar-Domenici legislation was ondly, I want a short time for Senator enter into this agreement with a part- extremely important throughout a DOMENICI of New Mexico to make a ner that has not been part of the ordi- good part of the last decade, and on the statement. And then thirdly, we will nary, agreed-upon, acceptable accords nonproliferation efforts he has been a proceed to the introduction of Senator and agreements between countries champion in the Senate. We appreciate DORGAN’s second amendment. My hope heretofore? I would remind everyone his contribution to this debate today. would be that a unanimous consent that India is the largest democracy—a Mr. DOMENICI. Thank you, Senator will be formulated—I know staff from population currently over 1 billion and LUGAR. both sides are working on that—that expected to surpass China in the next Mr. LUGAR. I thank the Senator. will provide for rollcall votes on both 50 years. It has a rapidly expanding Mr. President, I note the presence of Dorgan amendments and then, at the economy with a growth rate of over 7 the distinguished Senator from North conclusion of the debate of the distin- percent a year in 2005, a rapidly ex- Dakota. We indicated that he would guished Senator from New Mexico, on panding economy that is the envy of continue by offering his second amend- the Bingaman amendment, perhaps a almost all countries that have free and ment, and I would advise him to do so, stack of three votes for the conven- open democracies. This agreement with if he is prepared. ience of Senators. I am broaching that, India brings global transparency to In- AMENDMENT NO. 5182 not asking for everybody to agree, but dia’s entire civilian nuclear program. Mr. DORGAN. Mr. President, I call I am hopeful that would be a general We forget that India’s civilian and up amendment No. 5182 and ask for its agreement of those who are around at military program still remains closed immediate consideration. this point. to global scrutiny. Under this agree- The PRESIDING OFFICER. The It is my hope that the distinguished ment, the entire civilian program, 65 clerk will report. Senator from New Mexico might be percent of all nuclear activity and The assistant legislative clerk read recognized. eventually 90 percent of all nuclear ac- as follows:

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.046 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11006 CONGRESSIONAL RECORD — SENATE November 16, 2006 The Senator from North Dakota [Mr. DOR- (10) that exports not signed the nonproliferation treaty, GAN] proposes an amendment numbered 5182. Mr. DORGAN. Mr. President, the sec- we have. We have obligations under Mr. DORGAN. Mr. President, I ask ond amendment I have sent to the desk that treaty. They should accept the ob- unanimous consent that the reading of says that before this United States- ligations under that treaty, in my the amendment be dispensed with. India agreement can go into effect, the judgment, even though they have not The PRESIDING OFFICER. Without President must submit to the Congress yet signed it. objection, it is so ordered. a written determination that India has This debate today has been inter- The amendment is as follows: committed to certain basic provisions esting and, in many ways, very frus- AMENDMENT NO. 5182 consistent with U.S. nonproliferation trating as well. I intend to support (Purpose: To require as a precondition to goals and with the NPT, the non- very aggressively the amendment of- United States-India peaceful atomic en- proliferation treaty. It requires the fered by my colleague from New Mex- ergy cooperation a determination by the President to determine that India has ico, Senator BINGAMAN. I believe that President that India has committed to cer- amendment is very important and at tain basic provisions consistent with committed to, for example, putting all United States nonproliferation goals and of its reactors that supply electricity the root of much of what I have talked the obligations and political commitments to the civilian sector under the IAEA about today as well. undertaken by State Parties to the Nu- inspection regime. This would close a It seems to me this is a case for our clear Non-Proliferation Treaty) loophole that exists in the proposed children and our grandchildren about On page 8, beginning on line 8, strike agreement, and that loophole allows what kind of a world they are going to ‘‘Group; and’’ and all that follows through India to keep electricity-producing re- live in. It is interesting. If you just fast ‘‘the Nuclear’’ on line 9 and insert the fol- actors out of the IAEA inspection re- forward from 1960 to 1980 to 2000 and lowing: gime. Eight of them will be out of the fast forward from 2001 to today, we Group; regime, and those eight are going to be went through a Cold War with the So- (8) India has committed to— viet Union where we had heavy nuclear (A) the development of a credible separa- behind a curtain, unable to be in- tion plan between civilian and military fa- spected, and able to produce the mate- weapons, huge nuclear weapons with cilities by ensuring all reactors that supply rials to produce additional nuclear big bombers and powerful missiles electricity to the civilian sector are declared weapons. Fourteen of the existing and aimed at each other, so we had a Cold and are subject to permanent IAEA stand- planned nuclear reactors would be in- War. Massive numbers of nuclear weap- ards and practices; spected, and eight of them would not. ons were built. We had a standoff be- (B) a binding obligation to the same extent If those other eight reactors produce tween our country and the Soviet as nuclear-weapon State Parties under the civilian electricity, my amendment Union. There was great concern and Nuclear Non-Proliferation Treaty— worry that somehow, something would (i) not to transfer to any recipient whatso- would require that India allow inspec- ever nuclear weapons or nuclear explosive tion of them. happen in which someone would launch devices or control over such devices directly The bill as now written would allow a missile or a submarine or an airplane or indirectly; and India to produce energy with nuclear would launch a missile with a nuclear (ii) not in any way to assist, encourage, or reactors that are closed to IAEA safe- weapon and we would start a nuclear induce any non-nuclear-weapon State Party guards. My amendment says that is a war and our two countries would be ob- to manufacture or otherwise acquire nuclear loophole which should not be allowed. literated. It didn’t happen. Instead, we weapons or other nuclear explosive devices If India can keep energy-producing re- chose a much more constructive direc- or acquire control over such weapons or ex- actors outside of these safeguards, why tion. plosive devices; and We and the Soviet Union began what (C) consistent with the Nuclear Non-Pro- shouldn’t other countries be allowed to liferation Treaty— do so? How will our country say to oth- is called arms control talks, and we (i) pursuing negotiations in good faith on ers: Well, we have special deals. We reached arms control agreements. effective measures relating to cessation of have loopholes here for one, but we are Those agreements began the destruc- the nuclear arms race at an early date and to not consistent. There is no consistency tion of weapons systems, delivery sys- nuclear disarmament, including ending with respect to our position on these tems, nuclear weapons. I admit that a fissile material production for nuclear weap- issues. very small amount of those delivery ons; The amendment also requires India systems and nuclear weapons were ac- (ii) joining a legally-binding nuclear test to undertake a binding obligation not tually destroyed, but some of them moratorium; (iii) verifiably reducing its nuclear weap- to assist, encourage, or induce non- were. It was actually moving in the ons stockpile; and nuclear weapons states to manufacture right direction rather than the wrong (iv) eventually eliminating all nuclear or otherwise acquire nuclear weapons. direction. We developed a test ban weapons; and That is what our country has obligated treaty. We led the way. We said: We are (9) the Nuclear itself to do under the nonproliferation going to no longer test nuclear weap- AMENDMENT NO. 5178, AS MODIFIED treaty. It is what other nuclear weap- ons. We said that to the world. A non- Mr. DORGAN. Mr. President, I ask ons states have done as well, including proliferation treaty. We said this is im- unanimous consent to offer a modifica- Russia, China, Britain, and France. portant to do, and we were the leaders tion to the first amendment I offered They have all agreed to and signed the in saying this is the right course for today. The amendment had two line nonproliferation treaty and agreed to the world. Now we are told: You know numbers in it that were made to the that basic provision, a binding obliga- what, that is old-fashioned; that is the original copy of the legislation. That tion not to assist, encourage, or induce past; this is the future. I say that what legislation was subsequently changed. nonnuclear weapons states to manufac- we did then is timeless. These values So let me ask unanimous consent that ture or acquire nuclear weapons. don’t change, the value of deciding on the initial amendment I offered Lastly, my amendment requires the that our future ought to be a future today, on line 1, the reference to line 15 President to determine that India has with fewer nuclear weapons rather be struck, and it is line 8; on line 2, the committed itself to pursuing negotia- than more nuclear weapons. reference to line 15 be struck, and it is tions on measures directed at reducing If anyone has listened closely, they line 9. nuclear stockpiles and eventually will know there has been no refutation The PRESIDING OFFICER. Without eliminating nuclear weapons. These are of the assertion that some of my col- objection, it is so ordered. the same commitments, the very same leagues and I have made that this The amendment (No. 5178), as modi- commitments our country has made, agreement will mean we have more nu- fied, is as follows: the same commitments other nation clear weapons produced. No one has On page 5, beginning on line 8, strike states which have signed the non- disputed that. This agreement means ‘‘Treaty; and’’ and all that follows through proliferation treaty have made. So I we are signing up to have more nuclear ‘‘that exports’’ on line 9 and insert the fol- lowing: believe it is appropriate that if we have weapons produced on this Earth. One— Treaty; this agreement with India dealing with just one—nuclear weapon in the hands (9) to continue to support implementation the issue of nuclear weapons, they of a terrorist group pulling up to a of United Nations Security Council Resolu- should be under the same obligations dock in a major American city on a tion 1172 (1998); and we are under. Even though they have container ship at 21⁄2 or 3 miles an hour

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.048 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11007 can potentially kill hundreds of thou- guished Senator from North Dakota, plan by including that such a plan sands of American citizens—just one— Mr. DORGAN. For the convenience of must mean that any reactor supplying and there are 30,000 out there. Can any- our colleagues, those three votes would power must be declared. As Secretary one here tell me that every one of come without pause, thus minimizing Rice stated before the committee: those 30,000 is safeguarded and that no the dislocation of Members’ schedules Regardless of whether they might be used terrorist organization will acquire one? and accelerating our consideration of to generate electric power or not, reactors Can anybody tell me that is going to be this debate. that are not declared civil, and thus are not the case? I am certain the Chair has heard that under IAEA safeguards, cannot legitimately I started this morning talking about Senator BIDEN and I, for many of our receive nuclear fuel or other nuclear co- a CIA agent called Dragon Fire who re- colleagues who were hopeful that we operation from any State party to the NPT. ported 1 month after 9/11 that a Rus- could proceed in a responsible way but The second element in the Senator’s sian 10-kiloton nuclear weapon had conclude the debate today, on Thurs- amendment would require India to as- been stolen by a terrorist group and day, are attempting to do that, and we sume the obligations of a nuclear weap- taken into New York City and was appreciate the cooperation of our col- on state party to the NPT. about to be detonated. That episode leagues. The administration was careful not has been written about in a book. Most Having said that, Mr. President, let to term India a ‘‘nuclear weapon state’’ of us have heard of it. It was a time me state my opposition to the second with similar rights and obligations as when for a month we didn’t know if it amendment offered by the distin- those five nations in the NPT with sta- was true or not. It wasn’t disclosed guished Senator from North Dakota. tus as lawful weapon states—France, publicly because there would have been His amendment would, in fact, undo Russia, China, the U.K., and the U.S.— mass hysteria if it was thought that a the entire effort we have achieved with and instead termed India in the July 10-kiloton nuclear weapon had been India over the past year. Not only 2005 joint statement a ‘‘responsible stolen from Russia and was now in New would he revise India’s civilian mili- state with advanced nuclear tech- York City about to be detonated. It tary separation plan with his amend- nology.’’ This was necessary to do no eventually was discovered that had not ment, but he would require India to as- harm to U.S. and other weapons states’ happened. But when they did the post- sume the obligations of a nuclear weap- status under the treaty. mortem on that situation, it was un- ons state under the Nuclear Non-Pro- The Senator’s amendment would cre- derstood that it was clearly possible. liferation Treaty, the NPT. This is, in ate obligations similar to those of Russia had those weapons. They were effect, a perfect killer amendment. It weapon states for India through cre- not safeguarded well. They are not, and should be strongly opposed by every ating a determination requirement they were not. They could have been Member of this body who supports an that the President must make wherein stolen. It could have been smuggled improved relationship with India. India has assumed the obligations of a into a major American city by a ter- The Senator’s amendment adds two nuclear weapon state under the NPT. I rorist group and it could have been det- new determination requirements to our would argue that this is not necessary, onated, killing hundreds of thousands bill: first, that India’s separation plan since it could well provoke India to of people. That is the consequence of result in a situation wherein all reac- walk away from the obligations they one nuclear weapon. Just one. We have tors that supply civilian power are de- would assume under our 123 Agreement 30,000 or so on this Earth. What are we clared to the IAEA and under safe- with them and leave the restraint we doing today? We are saying it is all guards; and second, that India assume might get through that deal on their right if they build more—in this case, certain NPT obligations. This is unnec- weapons program on the negotiating India. It is OK if they build more. essary and would do us great harm. It table. This is not going to be done in a vac- adds a new element in the separation India has stated they have no inten- uum. What we do here today will have plan that the President did not nego- tion to sign or become a party to the consequences for Pakistan, it will have tiate and would undo the deal we have NPT, as a weapon state or otherwise. consequences for China. You think reached. India’s July 2005 joint statement com- they won’t decide if India is going to be India’s separation plan is credible mitments are significant, but they do allowed to build more nuclear weapons and sound, according to criteria devel- not include NPT membership. that they won’t build more nuclear oped by the administration in its nego- I urge defeat of the amendment; it is weapons? Of course they will. That is tiations with India. As Secretary Rice a killer. what this is about. stated last April: Mr. BIDEN. Mr. President, I want to I understand it is argued that this is For the plan to be transparent, it had to be associate myself with the remarks geopolitics; you don’t understand it; articulated publicly. made by the Senator from Indiana. you can’t see over the horizon. Maybe It has been. The amendment requires India to de- not. What I do understand is that this For it to be credible and defensible from a clare as civil reactors all reactors that world will be a safer place with fewer nonproliferation standpoint, it had to cap- supply electricity to the civil sector. nuclear weapons, this world will be a ture more than just a token number of In- There is no way that India will ac- dian nuclear facilities— safer place if we care about non- cept this. proliferation, if we reduce the number Which it did—— I might wish they would, but they of nuclear weapons, and this world will by encompassing nearly two-thirds of In- will not. dia’s current and planned thermal power re- not be safer if at the end of today we That’s because for decades, they have actors, as well as all future civil, thermal, built reactors that can be either civil have decided that we have given a and breeder reactors. Importantly, for the green light to a world with more nu- safeguards to be meaningful, India had to or military. clear weapons. commit to apply IAEA safeguards in per- So India has reserved as military I hope my colleagues will agree with petuity. enough reactors to produce more pluto- me and support my amendment. It did so. nium for nuclear weapons—in case they I yield the floor. Once a reactor is under IAEA safeguards, decide they need to do that. Mr. LUGAR. Mr. President, I intend those safeguards will remain there perma- But India will also use those reactors to offer a short statement opposing the nently and on an unconditional basis. Fur- for electric power. amendment. I would ask Members to be ther, in our view, the plan also needed to in- If this amendment is enacted, India alert to the possibility that following clude upstream and downstream facilities as- will have to choose to either make all sociated with the safeguarded reactors to my statement, Senator BIDEN has indi- provide a true separation of civil and mili- its power reactors civil, and build new cated he would put his statement in tary programs. India committed to these ones to produce plutonium; or waste the RECORD if this plan can then be ac- steps, and we have concluded that its separa- the electric power capability of its cur- cepted, and we would then proceed to tion plan meets the criteria established: it is rent military reactors. three rollcall votes: an amendment of- credible, transparent, and defensible from a India will not do that. fered by the distinguished Senator nonproliferation standpoint. So this is a killer amendment. from New Mexico, Mr. BINGAMAN, and The amendment changes the metrics It’s also a killer amendment because two amendments offered by the distin- for a credible and defensible separation it requires India to commit to

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.050 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11008 CONGRESSIONAL RECORD — SENATE November 16, 2006 verifiably reduce its nuclear weapons The PRESIDING OFFICER. Is there and the United States are taking spe- stockpile. objection, as amended? Without objec- cific steps to conclude a fissile mate- I wish India would do that—but it tion, it is so ordered. rial cutoff treaty. will not. AMENDMENT NO. 5182 Second, the amendment says that be- India fears both Pakistan and China, Mr. DORGAN. Mr. President, I will fore any nuclear materials fuel can be which also have nuclear weapons. try not to take the 2 minutes, but it is exported to India, the President must The Dorgan amendment does not re- important to point out the chairman, determine that India has stopped pro- quire Pakistan and China to reduce in responding—and I suspect the rank- ducing fissile materials for weapons. their stockpiles, only India. ing member in his response—is saying This is a reasonable amendment. This is a non-starter for India. this is a killer amendment. It is not of- This does not kill the deal, as I would Finally, the amendment requires fered as a killer amendment, but it is India to commit to ‘‘joining a legally- see it. This is something which India the case that my amendment would has stated a willingness to generally binding, nuclear test moratorium.’’ I impose upon India exactly the same wish India would do that. I hope the abide by. I think this is the least we burdens that exist upon our country. can insist upon. I hope very much my administration will push for that. My colleague, the chairman, said the But for now, there is only one ‘‘le- colleagues will support this amend- President ‘‘did not negotiate’’—he ment. gally-binding, nuclear test morato- started the sentence. That is what rium.’’ It is called the Comprehensive The PRESIDING OFFICER. The Sen- brings me to the floor—that the Presi- ator from Indiana. Test-Ban Treaty. dent ‘‘did not negotiate.’’ What he did And I do not think this administra- Mr. LUGAR. Mr. President, I will op- not negotiate was a requirement and a tion will press India to join that trea- pose this amendment as it goes signifi- burden on India which clearly is a nu- ty. cantly beyond the commitments India clear weapons state. He did not nego- So, I sympathize with all of the con- made in the joint statement. India will tiate a requirement and a burden on cerns raised by this amendment. But I regard this particular requirement that them that we ourselves assume under know that it would kill the nuclear India stop producing fissile materials the nonproliferation treaty. My amend- deal. for weapons as moving the goalposts ment would simply provide that re- That is the bottom line: if we support and an unacceptable renegotiation of quirement and that burden to the the deal, we have to reject this amend- the deal—a bad-faith effort on our part. country of India. ment. India maintains that they cannot The PRESIDING OFFICER. The Sen- I come from a town of 300 people. I have to relearn always the lessons of agree to a unilateral cap at this time. ator from Indiana. We should not hold up the significant Mr. LUGAR. Mr. President, I ask the Senate—and not just the Senate nonproliferation gains afforded by the unanimous consent that the Senate but the way the Government works. In initiative in order to seek a fissile ma- proceed to a series of stacked votes in my hometown you always call things terial cap that India indicates it can- relation to the following amendments: just the way they are. You saw it, you not agree to absent a similar commit- the Bingaman amendment No. 5174, the spoke it, and described it. In this body, ment by Pakistan and China. Pakistan Dorgan amendment No. 5178, as modi- however, now we know that India has a continues to produce fissile material fied and the Dorgan amendment No. nuclear weapon—has many of them. We for weapons-related purposes and China 5182; further, that there be no second know they have detonated them, and has not committed to a moratorium on degrees in order to any of the amend- we know they are a nuclear weapons such production. Unfortunately, in my ments prior to the votes, that there be state. So we have decided as a country judgment, this is truly a killer amend- 2 minutes of debate equally divided be- officially to describe India as a respon- ment. I strongly encourage that fore the second and third votes. sible state with nuclear technology as amendment be defeated. The PRESIDING OFFICER. Is there opposed to a nuclear weapons state. I objection? don’t know; maybe it works here. It Mr. President, I ask for the yeas and Mr. BIDEN. Mr. President, reserving doesn’t work in my hometown. We nays. the right to object, I think there is a have to call things as we see them. The PRESIDING OFFICER. Is there a need for a mild correction. We have responsibilities—all of us do. sufficient second? Mr. DORGAN. Mr. President, I ask Our responsibility is, I think, toward There is a sufficient second. unanimous consent that my second nonproliferation, to stop the spread of The yeas and nays were ordered. amendment be considered, notwith- nuclear weapons, to reduce the number Mr. LUGAR. Mr. President, I ask for standing the Harkin amendment that of nuclear weapons. I regret that the the yeas and nays on the next two was previously offered. underlying piece of legislation is going amendments. The PRESIDING OFFICER. Is there to result in more nuclear weapons The PRESIDING OFFICER. Is there a objection to the primary request? being built. sufficient second? Mr. BINGAMAN. Mr. President, The second amendment I have offered could I ask the floor manager? I would is an amendment that simply says let There is a sufficient second. prefer if we had 2 minutes equally di- us impose on those with whom we ne- The yeas and nays were ordered. vided prior to the first vote as well gotiate the same burdens we inherit The PRESIDING OFFICER. Who since there has been some time since ourselves. In fact, the United States yields time on the next amendment? we debated it. I want the chance to ex- negotiated with India in the way that Mr. LUGAR. Mr. President, my im- plain it for 1 minute before we have a exempts them from those burdens. I pression was that the call was for the vote. think that is fundamentally wrong. vote and then a 2-minute debate. Mr. LUGAR. Mr. President, I amend I yield the floor. The PRESIDING OFFICER. The Sen- the request to include 2 minutes of de- The PRESIDING OFFICER. There is ator from Indiana is correct. bate on the Bingaman amendment No. 2 minutes equally divided on the Binga- man amendment. The question is on agreeing to the 5174 prior to the vote. Bingaman amendment. The yeas and AMENDMENT NO. 5174 The PRESIDING OFFICER. Is there nays have been ordered, and the clerk Mr. BINGAMAN. Mr. President, I will objection to the unanimous consent re- will call the roll. quest, as amended? briefly describe the Bingaman amend- Mr. DORGAN. Mr. President, let me ment. It is an amendment that puts The legislative clerk called the roll. ask the chairman. I wish to respond for into effect the recommendations Sen- Mr. McCONNELL. The following Sen- 2 minutes to the comments which the ator Nunn made in his op-ed piece in ator was necessarily absent: the Sen- chairman just made in opposition to the Wall Street Journal in May of this ator from Wyoming (Mr. THOMAS). my amendment prior to proceeding to year. It says that as to nuclear equip- The PRESIDING OFFICER (Mr. AL- the vote. ment and technology, before we can ex- EXANDER). Are there any other Sen- Mr. LUGAR. I have no objection to port or reexport to India nuclear equip- ators in the Chamber desiring to vote? that. I amend the request to include 2 ment or technology, the President The result was announced—yeas 26, minutes of debate by Senator DORGAN. must first determine that both India nays 73, as follows:

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.030 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11009 [Rollcall Vote No. 265 Leg.] which we encouraged the rest of the The amendment (No. 5178), as modi- YEAS—26 world to support some while ago. fied, was rejected. Akaka Dorgan Leahy The PRESIDING OFFICER. The Sen- Mr. LUGAR. Mr. President, I move to Baucus Durbin Lincoln ator from Indiana. reconsider the vote, and I move to lay Bingaman Feingold Menendez Mr. LUGAR. Mr. President, I ask that motion on the table. Boxer Feinstein Mikulski Byrd Harkin Obama that Members oppose the Dorgan The motion to lay on the table was Cantwell Jeffords Pryor amendment on the basis that the reso- agreed to. Conrad Johnson Reed lution he talks about is an important The PRESIDING OFFICER. The Sen- Dayton Kennedy Salazar Dodd Lautenberg one, but it talks about a time in which ator from North Dakota is recognized. our relationship with India was very NAYS—73 AMENDMENT NO. 5182 different. It talks about the past. We Mr. DORGAN. Mr. President, the sec- Alexander Domenici Murray have been very fortunate in this coun- Allard Ensign Nelson (FL) ond amendment I had offered says that Allen Enzi Nelson (NE) try to move into a better relationship before the United States-India agree- Bayh Frist Reid with India, to a point where we are now ment can go into effect, the President Bennett Graham Roberts going to be in India. The IAEA is going Biden Grassley Rockefeller must submit to the Congress a written Bond Gregg to be in India. We are going to be able determination that India has com- Santorum to observe a bulk of the nuclear reac- Brownback Hagel Sarbanes mitted to certain basic provisions that Bunning Hatch Schumer tors and programs there and to work Burns Hutchison are consistent with the U.S. non- Sessions with India in peaceful development. Burr Inhofe proliferation goals and with the non- Shelby Carper Inouye There was a time when we did not proliferation treaty. In other words, I Chafee Isakson Smith have that relationship. By ‘‘we,’’ I Snowe would suggest that we should impose Chambliss Kerry mean the United States and the inter- Clinton Kohl Specter the same burdens on India as we have Coburn Kyl Stabenow national community. The situation in on ourselves. There is great reluctance Cochran Landrieu Stevens India is constructive. This is a time to to do that by this Chamber, but that Coleman Levin Sununu celebrate and to move on that momen- was my amendment. I must say there Collins Lieberman Talent tum. Cornyn Lott Thune is very little education in a third vote Craig Lugar Vitter I ask that the Dorgan amendment be if I believe it weakens our efforts in Crapo Martinez Voinovich defeated. nonproliferation nuclear weapons. So DeMint McCain Warner The PRESIDING OFFICER. The DeWine McConnell Wyden rather than have a third recorded vote, Dole Murkowski question is on agreeing to the amend- I will ask that we vitiate the recorded ment, as modified. The yeas and nays NOT VOTING—1 vote and vote on this amendment by were previously ordered. The clerk will Thomas voice. call the roll. The PRESIDING OFFICER. Is there The amendment (No. 5174) was re- The assistant legislative clerk called objection? jected. the roll. Without objection, the yeas and nays Mr. LUGAR. I move to reconsider the Mr. MCCONNELL. The following Sen- vote, and I move to lay that motion on are vitiated. ators were necessarily absent: the Sen- Is there further debate? If not, the the table. ator from Arizona (Mr. MCCAIN) and The motion to lay on the table was question is on agreeing to the amend- the Senator from Wyoming (Mr. THOM- ment, as modified. agreed to. AS). The amendment, as modified, was not The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Are there agreed to. ator from Kentucky. any other Senators in the Chamber de- Mr. LUGAR. Mr. President, I move to Mr. MCCONNELL. Mr. President, I siring to vote? reconsider the vote, and I move to lay ask unanimous consent that the next The result was announced—yeas 27, that motion on the table. rollcall votes be 10 minutes each. nays 71, as follows: The PRESIDING OFFICER. Without The motion to lay on the table was objection, it is so ordered. [Rollcall Vote No. 266 Leg.] agreed to. YEAS—27 AMENDMENT NO. 5178, AS MODIFIED Mr. LUGAR. Mr. President, I would The PRESIDING OFFICER. There Akaka Durbin Leahy like to indicate that the distinguished Bingaman Feingold Menendez are now 2 minutes equally divided prior Boxer Harkin Mikulski Senator from Nevada will offer an to a vote on the Dorgan amendment Byrd Jeffords Nelson (FL) amendment. We will then proceed to No. 5178, as modified. Clinton Johnson Obama the Old Senate Chamber for a debate The Senator from North Dakota. Conrad Kennedy Reid on that amendment. I think we have an Dayton Kerry Salazar Mr. DORGAN. Mr. President, my Dodd Landrieu Schumer agreement that the extent of the de- amendment, in light of the underlying Dorgan Lautenberg Stabenow bate will be no more than 60 minutes. bill brought to the floor of the Senate, NAYS—71 We would return to this Chamber for would express that we would continue the actual vote on the Ensign amend- Alexander DeWine McConnell to support the implementation of the Allard Dole Murkowski ment, following the debate in the Old United Nations Security Council Reso- Allen Domenici Murray Senate Chamber. Therefore, the Sen- lution 1172. Baucus Ensign Nelson (NE) ator from Nevada should be recognized The reason that is important is it Bayh Enzi Pryor Bennett Feinstein so that he can start that process. had been the policy of this country to Reed Biden Frist Roberts AMENDMENT NO. 5181 not only author but to support that Bond Graham Rockefeller Mr. ENSIGN. Mr. President, I call up resolution after India and Pakistan ex- Brownback Grassley Santorum Bunning Gregg amendment No. 5181 and ask for its im- Sarbanes ploded their nuclear weapons. Burns Hagel Sessions mediate consideration. It calls on them to immediately stop Burr Hatch Shelby The PRESIDING OFFICER. The their nuclear weapons development Cantwell Hutchison Smith clerk will report. programs, refrain from weaponization Carper Inhofe Chafee Inouye Snowe The assistant legislative clerk read or deployment of nuclear weapons, Specter Chambliss Isakson as follows: cease the development of ballistic mis- Coburn Kohl Stevens siles, and so on. Cochran Kyl Sununu The Senator from Nevada [Mr. ENSIGN] That has been a very important tenet Coleman Levin Talent proposes an amendment numbered 5181. Collins Lieberman Thune of this country in supporting that Cornyn Lincoln Vitter Mr. ENSIGN. Mr. President, I ask United Nations Resolution 1172. De- Craig Lott Voinovich unanimous consent that the reading of spite what we are doing in the under- Crapo Lugar Warner the amendment be dispensed with. lying bill, I would hope this country DeMint Martinez Wyden The PRESIDING OFFICER. Without and this Senate would express our sup- NOT VOTING—2 objection, it is so ordered. port for that which we drafted and that McCain Thomas The amendment is as follows:

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.031 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11010 CONGRESSIONAL RECORD — SENATE November 16, 2006 AMENDMENT NO. 5181 RECESS SUBJECT TO THE CALL OF Clinton Kerry Reed THE CHAIR Cochran Kohl Reid (Purpose: To ensure that IAEA inspection Craig Landrieu Roberts equipment is not used for espionage pur- The PRESIDING OFFICER. The En- Crapo Lautenberg Rockefeller poses) Dayton Leahy Salazar sign amendment now being the pending DeWine Levin Strike section 262 and insert the following: question, the Senate stands in recess Sarbanes Dodd Lieberman Schumer SEC. 262. IAEA INSPECTIONS AND VISITS. subject to the call of the Chair. Domenici Lincoln Shelby Durbin Lugar (a) CERTAIN INDIVIDUALS PROHIBITED FROM Whereupon, the Senate, at 3:43 p.m, Specter Feingold Martinez Stabenow OBTAINING ACCESS.—No national of a country recessed subject to the call of the Chair Feinstein McCain Stevens designated by the Secretary of State under and reassembled at 4:59 p.m. when Graham Mikulski Talent section 620A of the Foreign Assistance Act of called to order by the Presiding Officer Hagel Murkowski 1961 (22 U.S.C. 2371) as a government sup- Harkin Murray Thune (Ms. MURKOWSKI.) porting acts of international terrorism shall Hatch Nelson (FL) Vitter be permitted access to the United States to Mr. LUGAR. Madam President, we Inouye Nelson (NE) Voinovich Warner carry out an inspection activity under the are now prepared to vote in relation to Isakson Obama Kennedy Pryor Wyden Additional Protocol or a related safeguards the Ensign amendment. I ask unani- agreement. mous consent that following that vote, NOT VOTING—2 (b) PRESENCE OF UNITED STATES GOVERN- Senator FEINGOLD be recognized to Jeffords Thomas MENT PERSONNEL.—IAEA inspectors shall be offer his amendment and that there be The amendment (No. 5181) was re- accompanied at all times by United States 90 minutes equally divided on that Government personnel when inspecting sites, jected. amendment. I further ask unanimous Mr. LUGAR. I move to reconsider the locations, facilities, or activities in the consent that following the use or yield- United States under the Additional Protocol. vote, and I move to lay that motion on ing back of time on that amendment, it (c) USE OF UNITED STATES EQUIPMENT, MA- the table. TERIALS, AND RESOURCES.—Any inspections be set aside, and Senator BOXER be rec- The motion to lay on the table was conducted by personnel of the IAEA in the ognized in order to offer her amend- agreed to. United States pursuant to the Additional ment; provided further that there be 45 The PRESIDING OFFICER (Mr. Protocol shall by carried out using equip- minutes equally divided in relation to ISAKSON). Under the previous order, the ment, materials, and resources that are pur- that amendment. Further, that fol- Senator from Wisconsin is recognized. chased, owned, inspected, and controlled by lowing that time the Senate proceed to the United States. Will the Senator suspend? a vote in relation to the Feingold Did the distinguished chairman wish (d) VULNERABILITY AND RELATED ASSESS- amendment, to be followed by a vote in MENTS.—The President shall conduct vulner- to be recognized? ability, counterintelligence, and related as- relation to the Boxer amendment, with Mr. LUGAR. Mr. President, just for sessments not less than every 5 years to en- no second-degrees in order, and fol- clarification, I ask unanimous consent sure that information of direct national se- lowing these votes, the bill be read for that the Feingold and Boxer amend- curity significance remains protected at all a third time and the Senate proceed to ments be in order, notwithstanding sites, locations, facilities, and activities in a vote on passage of the House bill as adoption of the Harkin amendment. the United States that are subject to IAEA provided in the previous order. I would The PRESIDING OFFICER. Without inspection under the Additional Protocol. also ask that there be 2 minutes equal- objection, it is so ordered. Mr. LUGAR. Mr. President, I under- ly divided for debate prior to each vote. Mr. LUGAR. I thank the Chair. stand that the Senator from Delaware, The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- as the ranking member, will offer the objection? Without objection, it is so ator from Wisconsin. official motion sending us over to the ordered. Mr. LEAHY. Mr. President, will the Chamber. Mr. LUGAR. I thank the Chair. We Senator yield for a parliamentary in- The PRESIDING OFFICER. The Sen- are now prepared to vote in relation to quiry? ator from Delaware is recognized. the Ensign amendment. Mr. FEINGOLD. I yield. Mr. BIDEN. Mr. President, if I under- The PRESIDING OFFICER. Do Sen- Mr. LEAHY. Mr. President, how long stand the parliamentary situation ators yield time on the amendment? did we spend in that last 15-minute properly, and I am not sure I do, I ask Mr. LUGAR. Yes. rollcall? unanimous consent that following the VOTE ON AMENDMENT NO. 5181 The PRESIDING OFFICER. We spent offering of the Ensign amendment, the The PRESIDING OFFICER. All time approximately 39 minutes. Senate stand in recess subject to the is yielded. The question is on agreeing Mr. LEAHY. Thirty-nine? call of the Chair so that it may recon- to the amendment. The clerk will call The PRESIDING OFFICER. Thirty- vene pursuant to the previous order. the roll. six. I apologize. I further ask that the following Sen- The assistant legislative clerk called Mr. LEAHY. Thirty-six for a 15- ate staff be permitted to attend the the roll. minute rollcall. I am just curious, for closed session, and I send the list to Mr. MCCONNELL. The following Sen- those of us who might actually have a the desk. ator was necessarily absent: the Sen- life after dark around this place, how The list is as follows: ator from Wyoming (Mr. THOMAS). much longer the rest will be. I thank the Chair. Mike Disilvestro; Joel Breitner; Mary Jane Mr. DURBIN. I announce that the McCarthy; Paul Nelson; Richard Verma; Ste- Senator from Vermont (Mr. JEFFORDS) The PRESIDING OFFICER. The phen Rademaker; Marcel Lettre; Nancy is necessarily absent. Chair would recognize that the distin- Erickson; Lynne Halbrooks; Scott O’Malia; The result was announced—yeas 27, guished majority leader’s retirement Pam Thiessen; Thomas Moore; Lynn Rusten; nays 71, as follows: recognition with the Vice President Ed Corrigan; Rexon Ryu; Ken Myers III; Ken [Rollcall Vote No. 267 Leg.] was being held, and that was probably Myers, Jr; Brian McKeon; Ed Levine; YEAS—27 the delay, for the meeting. Madelyn Creedon; Nancy Stetson; Diane The Senator from Wisconsin. Ohlbaum; Anthony Blinken; Janice Allard Dorgan Kyl Mr. FEINGOLD. Thank you, Mr. O’Connell. Bunning Ensign Lott Coburn Enzi McConnell President. Mr. BIDEN. Mr. President, before the Coleman Frist Menendez AMENDMENT NO. 5183 Chair rules, I will remind Senators Collins Grassley Santorum Conrad Gregg Sessions Mr. President, I send an amendment that those who attend the closed ses- Cornyn Hutchison Smith to the desk, and I ask for its immediate sion are not permitted to bring any DeMint Inhofe Snowe consideration. electronic devices into the Old Senate Dole Johnson Sununu The PRESIDING OFFICER. The Chamber. Mr. President, I send to the NAYS—71 clerk will report. desk the list of the names of the staff Akaka Biden Burr The assistant legislative clerk read members that could be present. Alexander Bingaman Byrd as follows: The PRESIDING OFFICER. Is there Allen Bond Cantwell Baucus Boxer Carper The Senator from Wisconsin [Mr. FEIN- objection? Bayh Brownback Chafee GOLD] proposes an amendment numbered Without objection, it is so ordered. Bennett Burns Chambliss 5183.

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