E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, THURSDAY, NOVEMBER 16, 2006 No. 130 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, December 5, 2006, at 10 a.m. Senate THURSDAY, NOVEMBER 16, 2006

The Senate met at 9:30 a.m. and was The legislative clerk read the fol- accomplish. It is still a very long list called to order by the Honorable JOHN lowing letter: in terms of appropriations bills, in E. SUNUNU, a Senator from the State of U.S. SENATE, terms of the United States- nu- . PRESIDENT PRO TEMPORE, clear agreement, in terms of poten- Washington, DC, November 16, 2006. tially other trade agreements. We have PRAYER To the Senate: tax extenders and a whole range of Under the provisions of rule I, paragraph 3, issues. The Chaplain, Dr. Barry C. Black, of- of the Standing Rules of the Senate, I hereby fered the following prayer: appoint the Honorable JOHN E. SUNUNU, a The Democratic leader and I will go Let us pray. Senator from the State of New Hampshire, into a quorum call very shortly and we Almighty God, give us Your wisdom to perform the duties of the Chair. will finalize the plan for today. But as when our vision fails, our under- TED STEVENS, President pro tempore. we stated yesterday, before we leave standing is darkened, and the ways of this week—either tomorrow or we life seem difficult. Deepen our faith Mr. SUNUNU thereupon assumed the could finish later tonight—we do need when our sight is dim. Guide our chair as Acting President pro tempore. to finish the United States-India nu- thoughts when we lack understanding. f clear agreement. We talked yesterday Bless our Senators. Infuse them with in our own conference about the impor- quiet confidence and patient trust in RECOGNITION OF THE MAJORITY tance of that particular piece of legis- You. Reinforce their courage with the LEADER lation, legislation that all our col- knowledge of Your loving providence. The ACTING PRESIDENT pro tem- leagues are familiar with, and we have When they are frustrated, remind them pore. The majority leader is recog- a unanimous consent agreement to pro- that You are still holding things to- nized. ceed to that with a fixed number of gether. amendments. If you look at the amend- f We pray in Your holy Name. Amen. ments, it is clear that we won’t have to f SCHEDULE do all of those amendments on that legislation. So I am confident that we Mr. FRIST. Mr. President, I again PLEDGE OF ALLEGIANCE can and we will finish that bill before want to congratulate the new leader- we leave. The Honorable JOHN E. SUNUNU led ship in the Senate for the 110th Con- the Pledge of Allegiance as follows: gress. Democrats 2 days ago elected We do have an understanding that we I pledge allegiance to the Flag of the their leadership and the Republicans will go to the agriculture appropria- United States of America and to the Repub- yesterday elected our leadership. A lot tions bill as well. At some point I want lic for which it stands, one nation under God, of planning is underway for the 110th to be able to do that and hopefully we indivisible, with liberty and justice for all. Congress. As everyone knows, we have can work out the details on how we can f before us the objective of finishing the accomplish at least starting that par- business of the 109th Congress, both ticular bill, with the objective of fin- APPOINTMENT OF ACTING over the course of today and possibly ishing the United States-India nuclear PRESIDENT PRO TEMPORE tomorrow, and then in a period that agreement before we leave. So in the The PRESIDING OFFICER. The will begin the week of December 4, and next few minutes we will be coming clerk will please read a communication possibly continue into the week fol- back with an announcement of that to the Senate from the President pro lowing that. Both the Democratic lead- schedule as agreed to, but we will fin- tempore (Mr. STEVENS). er and I have outlined what we have to ish that bill before we leave.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S10977

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VerDate Aug 31 2005 05:29 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.000 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S10978 CONGRESSIONAL RECORD — SENATE November 16, 2006 RECOGNITION OF THE MORNING BUSINESS House of Representatives, when our DEMOCRATIC LEADER The ACTING PRESIDENT pro tem- country was young, President Jefferson The ACTING PRESIDENT pro tem- pore. Under the previous order, there was participating in worship services pore. The Democratic leader is recog- will be a period for the transaction of held there. Even now, 207 years later, nized. morning business with Senators per- we still begin each day’s session here in mitted to speak for up to 10 minutes the Senate, as they do in the House, with a prayer. We have Bible study f each. groups that meet on Thursday with the The Senator from Delaware is recog- Senate Chaplain, Barry Black. We have UNITED STATES-INDIA NUCLEAR nized. AGREEMENT done that for a number of years. Sen- f ator COLEMAN, who has been one of our Mr. REID. Mr. President, I think it is ORDER OF PROCEDURE leaders in a Wednesday morning prayer so important that we do whatever we breakfast, and MARK PRYOR from Ar- can to pass this nuclear agreement Mr. CARPER. Mr. President, the Sen- kansas have led that for a number of that has been negotiated with India. ator from Minnesota, Mr. COLEMAN, years. India is the largest democracy in the and I would ask unanimous consent for So faith, from the beginning of our world and we have had such tremen- each of us to sort of pool our 10 min- foundation as a country, has been im- dous relations with them over the last utes apiece and take maybe the next 20 portant to us, to guide us as a nation, number of years. I think it would send minutes to share—and some of our col- and to guide us today in our own per- a great sign to the rest of the world leagues who are going to come by and sonal lives. that we are able to work on issues of talk as well—about the role our faith When the Constitution was written this importance and actually get it plays in the work we do here. If that and the Bill of Rights was written, the done. I surely hope we can do this. I might be acceptable, I would ask unan- idea was not to establish an organized feel confident we can. There are imous consent. religion; the idea was to make sure amendments and people can debate The ACTING PRESIDENT pro tem- people were free to practice whatever them. When the managers of the bill pore. Is there objection? Without objec- faith they wanted, and to be respectful have heard enough, if necessary they tion, it is so ordered. of people of different faiths and the fact that people can worship as they can move to table, or whatever it takes f to move these along. Senator BIDEN on see fit or choose not to worship at all. Tuesday said there are a lot of these NATIONAL BIBLE WEEK One of the strengths of our Nation is amendments he is aware of that they Mr. CARPER. Mr. President, the our faith, but another of the strengths could work out or accept. elections are behind us now and we are of our Nation is the respect we have for So I am hopeful we can finish today, looking forward to the next Congress people of different faiths. We have peo- tonight, or tomorrow, and there is no which will be seated on January 4—the ple in this body who are Protestant, reason we shouldn’t be able to. We have 110th Congress. We have in town a Catholic, and Jewish. We worship the a number of amendments that have number of newly elected Senators and same God, just a bit differently. One of the things we try to do during been locked in and there is no way this their spouses. A number of us—Senator the course of the week is to use our matter should not be completed. I ALEXANDER, Senator VOINOVICH, Sen- faith. Whether we happen to be Pres- think it is very important that we go ator PRYOR, and myself—have been in- byterian, Mormon, or Jewish, how do into the Thanksgiving period with volved, along with the Secretary of the we use that faith to help guide us in knowing that we have been able to Senate, in holding orientation for new the policies we adopt for our country work out something between two great Senators and their spouses. On Tues- and for the people we represent? I feel democracies. day night we were over at the National fortunate to live in a country where we Mr. FRIST. Mr. President, I will be Archives and we had the opportunity to back with the plans here shortly after are free to worship God as we see fit. I have a reception there and a dinner. think there is a real opportunity here I talk to the Democratic leader, and in The reception turned out to be a tour for us in the Senate as we try to put the meantime we will be in a period of of the National Archives and the oppor- our country back together and begin to morning business. Again, the United tunity to see firsthand original copies work together after a rough-and-tum- States-India nuclear agreement is of the Constitution, the Bill of Rights, ble election to find ways that we can something we will complete before we handwritten letters from George Wash- use our faith to figure out our path, leave and is the order of the day. We ington to all kinds of people, and from and to better ensure the people in this should be able to go to that very early Abraham Lincoln to all kinds of peo- country have health care, that folks this morning, maybe as soon as 20 min- ple. We actually looked at the original have decent jobs, that folks get a good utes from now. That will be the plan, Bill of Rights where we found that , and that we can bind the to proceed through those amendments. there were actually 12 amendments wounds we have opened over the last There is one amendment we may have proposed to the Constitution, not 10. several months and to move forward as to go into a closed session to debate, Two were not actually adopted. It was a nation. and the details will be announced for interesting to see and to go back over I say how pleased I am to have a that as well. 200 years to the history and formation chance to work with Senator COLEMAN Mr. President, I suggest the absence of our country, to focus on it and to from Minnesota and how much I appre- of a quorum. think about it and reflect on it. ciate the great leadership he has shown The ACTING PRESIDENT pro tem- When the Constitutional Convention in bringing a bunch of us together on pore. The clerk will call the roll. was held, just up the Delaware River Wednesday mornings. I usually can’t The legislative clerk proceeded to from where I live in Wilmington, DE, get here on Wednesday morning. I go call the roll. and up in , whenever the back and forth on the train to Dela- Mr. CARPER. Mr. President, I ask Founding Fathers were getting into a ware almost every night, so I can’t be unanimous consent that the order for tough time trying to come to con- there for many Wednesday mornings the quorum call be rescinded. sensus or agreement on one issue or for that type of fellowship. But I often- The ACTING PRESIDENT pro tem- the other that they were grappling times join my colleagues, including pore. Without objection, it is so or- with, a lot of times they would take a Senator LINCOLN of Arkansas and oth- dered. break and pray about it. When the in- ers, on Thursday right down the hall auguration of President Washington here for a Bible study group that is a f occurred in New York City, when they little bit like an adult Sunday school finished the inauguration, they didn’t class with the Senate Chaplain, afford- RESERVATION OF LEADER TIME go off and hold big parties and balls, ing us the opportunity to read scrip- The ACTING PRESIDENT pro tem- but they actually went to a church and ture together, reflect together, to pray pore. Under the previous order, leader- prayed together and had a worship for one another, and to be nourished ship time is reserved. service. In fact, I am told over in the spiritually.

VerDate Aug 31 2005 00:57 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.006 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S10979 I am delighted to be here with Sen- think our faith has done, what it does tional Bible Week this year and for pre- ator COLEMAN today, and I thank him for my colleagues and for me in fellow- serving time this morning for our ob- for his leadership. ship with my colleagues is, for those servance of this annual celebration. I Mr. COLEMAN. Mr. President, I brief—those moments, I would not say also want to say a very special thanks thank Senator CARPER for his leader- brief moments; actually, they are ex- to my colleague, NORM COLEMAN, the ship. Next week is actually National tended moments—it allows us to get Senator from Minnesota, who does a Bible Week. I think it has been cele- past that and recognize what is in the tremendous job. We work together on brated since 1941. The Senator from heart of a colleague. so many different things, but yesterday Delaware is one of the cochairs of that. In the end, I hope it is a mitigating it was great to be able to sit down and Part of what I think is the purpose of factor, something that then lessens the visit with the new Members, the new it and the importance of it is to reflect divide that we see so often played out Senators coming into this body and a little bit on the value, the impor- on the screen and played out on TV. talk to them about how to keep their tance of the Bible and of faith in our The things that bind us are so much life rich; not just to do their jobs as lives. And we do bring different faith more powerful than the things that Senators but to take care of them- perspectives and different historical separate us. We do it, I believe, with a selves and to make sure that their perspectives. I have a great sense of al- sense of humility. journey in life stays strong. We all most a little bit about being from I was the mayor of Saint Paul, MN, know, in this journey that we all share a State that goes back to the very be- the capital city. We say Saint Paul is on this Earth, this incredible blessing ginning, to the time of the Founders. the city of two cathedral domes. There we have been given to live this journey The Minnesota journey has been a lit- is the dome of the State capitol and here on Earth, if we keep that journey tle briefer journey, a challenging jour- then the dome of the magnificent Ca- strong, then we will always be better ney when the early settlers were com- thedral of Saint Paul. The dome of the Senators. ing out and landing. It was pretty cold I could not have found a better part- cathedral is on the highest plane of the in the winter and it could be blistering ner in communicating that than my city, and I say it is a reflection of who hot in the summer. You kind of reflect good colleague from Minnesota, and I is in charge, and it is not the on your own mortality. To this day, we appreciate him so much for that. or State legislature, if we reflect on stand now in the 21st century, and one I am very grateful to be here to of the things faith does—and we heard that in a positive way. speak about the Bible, in recognition of There are mad men who use religion it from the Chaplain, if you listened to this annual National Bible Week and and holy books to do terrible things, the Chaplain’s intonation when the certainly its importance in my life, prayer began, calling upon God for wis- but those are mad men. That is not what it has meant to me. In my family, dom, in a sense humility, that even in what faith is all about. At a time of growing up in east Arkansas, my dad this august Chamber it is important great change and the world moving so was a farmer. We are a seventh-genera- for us and our colleagues to have. I quickly, I know for me, personally, and tion Arkansas farm family. We go back think faith gives you that, requires my colleagues, we find refuge, we find to our roots there along the Mississippi that of you. Alvin Toffler, in ‘‘Future solace, we find a sense of peace in re- River. Actually, the first Lambert, Shock,’’ talked about the geometric flecting upon the traditions that which is my maiden name, who came rate of change—everything is moving brought us to this floor, to this mo- to Arkansas was a Presbyterian min- so quickly, and reflected in that is the ment, and hopefully that allows us to ister who was sent as a missionary to importance of some island of stability. operate in a way in which we do those the Native Americans who lived in that One of the things that faith does for good things—those good things that we area. It was long before Arkansas was a those of us in this body is, in a sea of see ourselves. State, and again it is a huge part of my change, it provides us with stability. It One of my favorite quotes is from heritage where, as a Presbyterian min- is an island. Everything else is moving Maimonides, who says each of us must ister and a Christian, Rev. Jordan B. very quickly around us, but if you look act as if the world were held in balance Lambert came across the border as a into the Bible, look into the Hebrew and any single act of goodness on our missionary to carry his faith into the Torah, you find those kinds of rooted part could tip the scale. I believe that West. values—the social compact, the neces- every day of my life. That is what faith In my family, we were all introduced sity to help the poor, the necessity to brings to me and brings to us. to the Bible at a very early age, and we raise your voices on behalf of those I see my colleague from Arkansas is were taught how to turn to its teach- who are oppressed, in bondage. All here. Yesterday, we were visiting the ings early and often for guidance in our those values are rooted in these books new Senators, our new colleagues, and daily lives and what we needed to make that we still, then, reflect on and study kind of moving them to this family. I this journey, our journey, each of us, today. I think it is important for us to will, again, say to my new colleagues our individual journey on this Earth, a do that. that I urge them, on the floor of the full one, one that not only was ful- One of the things, by the way, we Senate, to participate in the National filling for us but, more importantly, have been doing is we have a National Prayer Breakfast. The President is fulfilling to our fellow man. Prayer Breakfast. Senator PRYOR and I there, the Joint Chiefs of Staff and I can remember, as a young teenager, got to chair that this year. I recntly members of the Supreme Court and coming to Sunday school on Sunday put into the CONGRESSIONAL RECORD leaders from 170-something countries. mornings. I remember one of my Sun- the entire program, the transcript. I This is not just a Senate thing or a day school teachers who would take us urge my colleagues to read it, take a U.S. thing, this is a global thing of every Sunday into our Sunday school look at it. There are fascinating reflec- great importance, as we saw in our last room, and we made this huge Bible vil- tions from King Abdallah from Jordan. prayer breakfast, where you have King lage out of clay and papier-mache. It The rock star Bono was the chief Abdallah, a direct descendant of Mo- was wonderful because it taught us so speaker. He said he is not a man of the hammed, NORM COLEMAN, a Jewish boy much of the times, of the Old Testa- cloth, unless your cloth is leather, but from Minnesota, and MARK PRYOR, a ment and the New Testament. It was then he went on to talk about his own Christian from Arkansas, coming to- incredible how we built this. faith journey. He went on to say he gether on the platform. I hope that has I realize now, later in life, that that used to wake up all the time and pray meaning beyond that single day. was a time to reflect, reflect on the that God blessed a certain thing that With that, I see my colleague from writings and the times that the Bible he did. Now what he talks about is Arkansas and yield the floor. brings to us because, as we sat there, looking at and kind of putting his ef- The ACTING PRESIDENT pro tem- very curiously and very diligently cre- forts into the things that God wants pore. The Senator from Arkansas. ating out of clay and papier-mache this done, that He has already blessed, try- Mrs. LINCOLN. Mr. President, I am Bible village, we talked. We talked to ing to figure out what is the right so proud to join my colleagues this each other. We talked to the Sunday thing to do. morning, and I especially thank my school teacher, the adult who was At a time when the partisan divide is colleague from Delaware for his service there to help guide us. As she read so great—we see it on C–SPAN—what I as the Senate chairperson of the Na- Scripture to us and we made these

VerDate Aug 31 2005 05:40 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.007 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S10980 CONGRESSIONAL RECORD — SENATE November 16, 2006 things, we talked about our experi- As a Senator, I thoroughly believe will complete that legislation. We have ences as young teenagers. We talked that government can be a weapon of a whole list of amendments that were about what we were going through in good, if we adhere to and follow the by unanimous consent listed. I think school, the cruel words that others basic message of the Bible’s teaching of we can condense those amendments may have presented to us or the new love. I think that is, without a doubt, down on that legislation. We will be student who had come to class and who the most clear message that comes able to do that, I believe. If we do that, was not being well received or someone there—love, care, and respect for our we should be able to address all those whose family was ill or had a tremen- fellow man. amendments and have that legislation dous tragedy. We talked about these Perhaps my favorite Bible lesson pro- completed. things as we created this village, and claims: Let us not love in word but in I urge all of our colleagues to keep then we realized, through those Bible deed and in truth. In an environment their statements fairly brief on that teachings and through those stories that gets way too political, and so legislation. Let’s get to the amend- that we, too, were living that word— often it does, it is so incredibly impor- ment process in order to complete that hopefully—and learning how better to tant for all of us to look to that lesson. bill tonight so that we will not have to live that word in our teenage years and I thank you, Mr. President, and espe- be back tomorrow. in our adult years. cially thank my colleagues, for coming The ACTING PRESIDENT pro tem- Without question, for me, the Bible is here to recognize what an important pore. The Senator from Delaware. the most profound book in life, and role the Bible does play in so many of Mr. CARPER. How much time do we there is no doubt that its lessons shape our lives and what a wonderful oppor- have? the type of person I am; the type of tunity it gives us to nourish each oth- The ACTING PRESIDENT pro tem- person I strive to become each and er’s soul on a daily basis. pore. The Senator from Delaware has a every day, working hard to do my best; I yield to the Senator from Delaware. minute remaining in morning business. the type of parent I want as an exam- Mr. CARPER. Mr. President, how f ple for my children as they grow up much time do we have on our 20 min- SHOWING FAITH BY DEEDS and they learn these stories; and the utes? type of Senator I want to be to help The ACTING PRESIDENT pro tem- Mr. CARPER. Let me close by saying lead this country. pore. The Senator has 55 seconds. a special thanks to my friend from Ar- It is no secret to any of us that the Mr. REID. Will the Senator yield for kansas, BLANCHE LINCOLN, and to our Members of this incredible body are a unanimous consent request? colleague, NORM COLEMAN from Min- very blessed and fortunate in so many Mr. CARPER. Of course. nesota, for talking with us for a few different ways. But what does that f minutes today about their faith. One of mean, exactly, and particularly to my favorite verses of Scripture comes UNANIMOUS-CONSENT those who are scholars of Bible? I am out of the little Book of James, near AGREEMENT—H.R. 5384 not a Bible scholar, I wish I were, but the end of the New Testament, where I do look to the Bible for that guidance Mr. FRIST. Mr. President, I ask we read: Show me your faith by your and as a part of my faith, as the Sen- unanimous consent that notwith- words and I will show you my faith by ator from Delaware said, it is a light. standing the unanimous consent for my deeds. It is a lamp unto my feet. But the Bible consideration of the United States- The most important thing is not how teaches me: To whom much is given, India legislation, that during the ses- high we jump up in church but what we much is required. If you look around sion of the Senate on Thursday, Sep- do when our feet hit the ground, and throughout this body and realize how tember 16, the Senate proceed to con- our feet hit the ground here every day blessed we truly are, our devotion to sideration of the Agriculture appro- of the week at about 9:30. public service, hopefully, comes from a priations bill, at a time to be deter- As we go forward, none of us is per- desire to live by the types of teachings mined by the majority leader after con- fect. All of us make mistakes—God that the Bible gives us and that is to sultation with the Democratic leader; knows I do. But I would just remind us help the least among us. It doesn’t just provided further that following the all it is important not just to talk teach us to clothe those who are naked. statements of the Chairman and rank- about our faith but that we try to show It doesn’t just teach us to feed those ing member, Senator CONRAD be recog- our faith by our deeds. who are hungry. Those are the impor- nized in order to offer a first-degree Having said that, I yield the floor. I tant parts. But I never shall forget a amendment. suggest the absence of a quorum. lesson I learned in person working in a The ACTING PRESIDENT pro tem- The PRESIDING OFFICER (Ms. MUR- soup kitchen in downtown Washington, pore. Is there objection? The Senator KOWSKI). The clerk will call the roll. cleaning up tables after we, our Bible from North Dakota is recognized. The legislative clerk proceeded to study group, had served a breakfast, Mr. DORGAN. Mr. President, reserv- call the roll. which we did on a monthly basis. I was ing the right to object, I shall not ob- Mr. DORGAN. Madam President, I cleaning up those tables and moving to ject, Senator CONRAD is not on the ask unanimous consent that the order what was the next thing in life, which floor. I am certain this will be accept- for the quorum call be dispensed with. was heading off to work, there was a able to him. His amendment will mod- The PRESIDING OFFICER. Without man sitting at the last table and, as I ify the disaster aid amendment that objection, it is so ordered. began to break it down, I asked him: was put in the Senate appropriations f bill in the Senate committee. I wish to Are you still hungry? Is there something AGRICULTURE APPROPRIATIONS more that you would like? be recognized following Senator No, just 10 minutes of your time. Could you CONRAD’s statement on this introduc- Mr. DORGAN. Madam President, at just please sit and visit with me for 10 min- tion, to be part of that discussion. some point today following the debate utes? The ACTING PRESIDENT pro tem- with respect to the India security I realized it was not just the nourish- pore. Without objection, it is so or- agreement, we will by unanimous con- ment that he needed. He needed his dered. sent have an opportunity to have the soul to be fed as well. Mr. FRIST. What this means is, to agriculture appropriations bill on the If I think about all of the most im- clarify, in a few minutes we will be floor. My colleague Senator CONRAD portant teachings in the Bible, I think going to the United States-India legis- will offer an amendment to that bill about how important it is for us to lation. At some point over the course which will amend a provision that I nourish one another, Democrats to of the day, following getting on that added to the bill in the Senate Appro- nourish Republicans and Republicans bill, the amendments in that bill, we priations Committee. to nourish Democrats; how important will have the opportunity to proceed to My colleague Senator BURNS and I it is in this body that we feed one an- the Ag bill. added a farm disaster amendment. My other’s souls with the kind of loving Let me restate our intentions to colleague Senator CONRAD has been care that we are taught about in the complete the United States-India legis- working on an amendment that will ex- Bible. lation either today or tomorrow. We pand that to include the 2007 disaster

VerDate Aug 31 2005 05:40 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.009 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S10981 legislation. Because we are going to dress some of these issues. Now appar- Mr. CONRAD. It is specified that have an agriculture appropriations bill ently we have some folks in the bu- sometime today we will go to it, and on the floor today at some point, I reaucracy who will address it by chang- after statements of the Chair and rank- thought it was interesting to call at- ing the words to ‘‘very low food secu- ing member I will be given an oppor- tention to a story that was in today’s rity.’’ tunity to offer an amendment. newspaper. Remember that when we later today The PRESIDING OFFICER. The Sen- Our family farmers—many of whom talk about family farmers and the ator is correct. got hurt badly with the devastating plight many of them have. They are Mr. CONRAD. I thank the Chair and droughts and some of whom have been the ones planting the seed and growing yield the floor. I suggest the absence of hurt by floods and so on—as I said yes- the crops—or at least trying to do that, a quorum. terday are the economic all-stars of except during the years where there is The PRESIDING OFFICER. The this country. They get up in the morn- a disaster when they have serious prob- clerk will call the roll. ing and do chores. They take showers lems. The assistant legislative clerk pro- afterwards—not before. They risk ev- We have a hungry world. The fact is ceeded to call the roll. erything they have, hoping their crops in this world we circle the Sun. Our lit- Mr. LUGAR. Madam President, I ask will grow. They produce foodstuff for a tle planet has 6.3 billion neighbors. unanimous consent that the order for hungry world. They are the economic Half of them have never made a tele- the quorum call be dispensed with. all-stars in this country. phone call and live on less than $2 a The PRESIDING OFFICER. Without But let me point out that in this day. There is plenty of hunger in this objection, it is so ordered. morning’s newspaper the U.S. Depart- country and the world. Eliminating the The PRESIDING OFFICER. The Sen- ment of Agriculture has said they are word ‘‘hunger’’ from the lexicon of the ator from Indiana. going to eliminate ‘‘hunger’’—actually U.S. Department of Agriculture is not f eliminate the word ‘‘hungry.’’ The U.S. addressing the issue of hunger. FEDERAL AND DISTRICT OF CO- Government has vowed that Americans I yield the floor. I suggest the ab- LUMBIA GOVERNMENT REAL will never be hungry again, but they sence of a quorum. may experience ‘‘very low food secu- The PRESIDING OFFICER. The PROPERTY ACT OF 2006 rity.’’ The U.S. Department of Agri- clerk will call the roll. Mr. LUGAR. Madam President, I ask culture has decided they are not going The legislative clerk proceeded to unanimous consent that the Homeland to use the term ‘‘hungry’’ as they de- call the roll. Security and Governmental Affairs fine that number of people in this Mr. CONRAD. Madam President, I Committee be discharged from further country who do not have enough to eat ask unanimous consent that the order consideration of H.R. 3699, that it then and are hungry. for the quorum call be dispensed with. be referred to the Energy and Natural There is something called ‘‘an ache The PRESIDING OFFICER. Without Resources Committee and immediately in your belly.’’ There are hunger pangs objection, it is so ordered. discharged, and that the Senate then for people who do not have enough to f proceed to its immediate consider- eat. Apparently that is not going to be ation. ORDER OF BUSINESS called ‘‘hunger’’ anymore. Those folks The PRESIDING OFFICER. Without who can’t find anything to eat and are Mr. CONRAD. Madam President, we objection, it is so ordered. The clerk suffering the pangs of hunger and the have had a flurry of phone calls and will report the bill by title. ravage to their body because of not consultations this morning about the The legislative clerk read as follows: having food are going to be called peo- dispute that has gone on over the last A bill (H.R. 3699) to provide for the sale, ac- ple with ‘‘very low food security.’’ several days about getting to the agri- quisition, conveyance, and exchange of cer- If you don’t have anything to eat, culture appropriations bill so we might tain real property in the District of Colum- that is a ‘‘very low food security,’’ but consider disaster relief for farmers and bia to facilitate the utilization, develop- it doesn’t describe in English what is ranchers hard hit by drought across the ment, and redevelopment of such property, happening. In English, these are people country, the third worst drought in our and for other purposes. who are hungry. Nation’s history. There being no objection, the Senate I don’t understand sometimes the bu- My understanding of the agreement proceeded to consider the bill. reaucracy. I was here years ago when is that we will go to the India nuclear Ms. LANDRIEU. Madam President, I ketchup was described as a vegetable, a matter but that at some time today we take the opportunity to thank the Gov- part of a daily meal. Of course, that will turn our attention to the agri- ernmental Affairs Committee for was never very right. It is not a vege- culture appropriations bill and I will bringing H.R. 3699 to the floor for pas- table. Now they are going to eliminate have the chance to offer the first sage today. The Federal and District of ‘‘hunger.’’ amendment to that bill. Is that a cor- Columbia Government Real Property Throughout the years I have been rect understanding of the agreement Act of 2005 is a unique proposal to re- here, I have served on the hunger com- that has been entered? evaluate the significant Federal prop- mittee when I was in the U.S. House, The PRESIDING OFFICER. The Sen- erty in DC and make some land avail- and I toured much of the world—going ator is correct in that under the unani- able to redevelopment by the city. This to refugee camps, been around parts of mous consent entered into earlier we redevelopment will broaden the Dis- this country. I have seen hunger. I have will move to the United States-India trict’s tax base and will eventually add seen devastating hunger. legislation, after which the agriculture strength to the city economy. As the I would desire to eliminate hunger, if appropriations bill will be taken up. It ranking Democratic member of the we can. Our farmers are part of being provides under that agreement for Sen- Senate Appropriations Subcommittee able to do that at some point with the ator CONRAD to be recognized in order on the District of Columbia I am prodigious quantities of good food to offer a first-degree amendment fol- tasked with my friends on the Govern- which they produce. We are not going lowing the statement of the chairman. ment Affairs Committee to provide ap- to eliminate hunger by taking ‘‘hun- Mr. CONRAD. Very good. That is my propriate oversight of the District and ger’’ out of the lexicon of the Depart- understanding. I appreciate the Chair ensure a strong financial condition. ment and replacing it with ‘‘very low confirming that. The Federal property that will be food security.’’ I think it is not about There are 26 cosponsors of the legis- transferred to the District through this the terminology; it is about the will. lation. It is wholly bipartisan—many bill will provide for a variety of new Do we have the will to decide in a Republicans and many Democrats. I projects and there is a great deal of po- country such as ours to address the want to alert my colleagues that at tential. Reservation 13 is envisioned as issue of hunger and make sure they some point we will go to this issue a mixed-use new community that will have enough to eat. today. It is not specified when, as I un- include new housing and businesses, We have programs in this country derstand it. Is that correct? and improve access to existing such as food stamps and the WIC Pro- The PRESIDING OFFICER. That is healthcare facilities. That property gram and other programs to try to ad- correct. also includes the Court Services and

VerDate Aug 31 2005 00:57 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.011 S16NOPT1 hmoore on PROD1PC68 with HMSENATE 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 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- 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

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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 . 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

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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 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 . 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 , 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 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 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 ‘‘,’’ 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 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 , 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.

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.033 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11011 Mr. FEINGOLD. Mr. President, I ask it will dramatically shift 30 years of tribute directly or indirectly to the de- unanimous consent that reading of the nonproliferation policy. Specifically, velopment of India’s nuclear weapons amendment be dispensed with. this bill would have serious con- arsenal. This amendment will strength- The PRESIDING OFFICER. Without sequences for the Nuclear Non-Pro- en this bill. It will enhance trans- objection, it is so ordered. liferation Treaty, the international parency. And it will send a clear mes- The amendment is as follows: nonproliferation regime, and U.S. na- sage to the world that the United (Purpose: To require as a precondition to tional security. Such a fundamental States will, in fact, abide by its com- United States-India peaceful atomic en- change in policy should not be under- mitments and is working within the ergy cooperation determinations by the taken lightly, which is why it is cru- letter and spirit of the agreements and President that United States nuclear co- cial that this body fully discuss and treaties to which it is party. operation with India does nothing to as- sist, encourage, or induce India to manu- understand the implications of this Allow me to quote from article I of facture or acquire nuclear weapons or bill. the Nuclear Non-Proliferation Treaty, other nuclear explosive devices) In my work on the Foreign Relations because I think it will help to set forth On page 8, beginning on line 17, strike Committee, I have had a chance to the obligations of the agreement the ‘‘Group; and’’ and all that follows through study this issue and this legislation United States is a party to. Article I ‘‘(8) the Nuclear’’ on line 18 and insert the closely. I have talked to a number of states that: following: people, on all sides of this issue: senior Each nuclear-weapon State Party to the Group; officials from the administration, busi- Treaty undertakes not to transfer to any re- (8) the scope and content of United States ness groups, nonproliferation and arms cipient whatsoever nuclear weapons or other nuclear cooperation with India in the pro- control experts, Indian officials, and nuclear explosive devices or control over posed nuclear cooperation agreement pursu- concerned citizens in my home State of such weapons or explosive devices directly, ant to section 123 a. of the Atomic Energy or indirectly; and not in any way to assist, Act of 1954 (42 U.S.C. 2153(a)) does nothing to Wisconsin. The committee held a num- encourage, or induce any non-nuclear weap- directly or indirectly assist, encourage, or ber of hearings to examine the issue, on State to manufacture or otherwise ac- induce India to manufacture or otherwise ac- and the panelists we heard from rep- quire nuclear weapons or other nuclear ex- quire nuclear weapons or other nuclear ex- resented a wide range of opinions on plosive devices, or control over such weapons plosive devices, or control over such weapons the prospect of nuclear cooperation or explosive devices. or explosive devices, specifically that— with India. And after all of this careful Let me repeat that second clause, be- (A) India cannot use United States-origin consideration, I have to report that I cause it is what my amendment in- equipment, technology, or nuclear material am left with some deep concerns re- in an unsafeguarded facility or nuclear weap- tends to address: ‘‘not in any way to ons-related complex; and garding what this legislation means for assist, encourage, or induce any non- (B) India cannot replicate and subse- United States national security. nuclear weapon State to manufacture quently use United States-origin technology The primary consideration for us in or otherwise acquire nuclear weapons in an unsafeguarded nuclear facility or the U.S. Senate as we debate this bill or other nuclear explosive devices, or unsafeguarded nuclear-related complex, or should be this: will this legislation control over such weapons or explosive for any activity related to the research, de- make the citizens of the United States devices.’’ velopment, testing, or manufacture of nu- more secure or less? As we consider India is considered to be a non- clear explosive devices; this fundamental shift in the inter- nuclear weapon state for the purposes (9) India has provided sufficient assurances national nonproliferation regime, we that the provision by the United States of of the NPT, and we are therefore pro- nuclear fuel will not facilitate the increased must make sure that we have adequate hibited from assisting their nuclear production by India of fissile material in protections in place to guard against weapons program. My amendment will unsafeguarded nuclear facilities; and the further spread of nuclear weapons require the President to make deter- (10) the Nuclear and weapons technology. minations to ensure that we are in line Mr. FEINGOLD. Mr. President, the The threat of nuclear weapons to the with that treaty obligation. First, the relationship between the United States United States and the spread of nuclear President would have to certify to Con- and India is very important. As we weapons and nuclear material are gress that the scope and content of the look ahead to the coming decades, it is among the gravest dangers that our nuclear cooperation agreement that he clear that United States-India rela- country faces. It is crucial to our na- negotiates will not contribute to In- tions will be integral to establishing a tional security that the nuclear non- dia’s nuclear weapons program—spe- secure, sustainable, and prosperous proliferation framework remains cifically that it does not: Allow for the international system—not only in the strong. I want to make sure that the use of U.S.-origin equipment, tech- Asian region but around the world as United States, as a signatory to the nology, or material in an India increasingly grows into its role Nuclear Non-Proliferation Treaty, is unsafeguarded Indian nuclear facility; as a global power. working to strengthen the inter- or allow for the replication and subse- And, of course, India, in many ways, national treaties and regimes that quent use of U.S.-origin technology for is a natural ally of the United States. have been designed to prevent the any activity related to nuclear explo- We share a great deal in common as spread of nuclear weapons. A world sive devices. ethnically diverse, religiously tolerant with more nuclear weapons is, simply Second, the President would have to democratic societies. Our peoples are put, a more dangerous world. certify that he had received sufficient innovative, driven, and eager to par- So that is why I am offering an assurances from the Government of ticipate in the global economy. We amendment to this bill that spells out India that nuclear fuel provided by the both face the threat of terrorism. India in greater detail that nuclear coopera- United States will not facilitate the in- occupies an important position in an tion between the United States and creased production by India of fissile important part of the world, and by India will be only civilian in nature, material for weapons use. itself represents over l7 percent of the and that none of the assistance the Both India and the United States world’s total population. We absolutely United States provides will be used for should feel comfortable with this should be working to strengthen our strengthening or further developing In- amendment; it only requires that the relationship with this important part- dia’s nuclear weapons arsenal. This is United States certify that this deal is ner, and seeking ways to deepen our completely in line with President in line with our current commitments. strategic ties. Bush’s and Secretary Rice’s statements It will go a long way to enhance trans- While I want to strengthen the rela- about the deal, and is something the parency and reassure all sides that this tionship between the United States and United States is already committed to civil nuclear cooperation agreement India, this bill would do more than under article I of the NPT. My amend- does not have any military aspects. simply bring our two nations closer to- ment simply makes it a binding re- This is particularly important now, gether. It would pave the way for civil- quirement: Before the nuclear coopera- as we face nuclear crises in North ian nuclear cooperation between the tion agreement can go into effect, the Korea and Iran. While we are pres- United States and India for the first President of the United States must suring those countries to submit to time since India exploded a nuclear de- certify that the scope and content of international inspections and abide by vice in the 1970s. If this bill is passed, the agreement does nothing to con- the Nuclear Non-Proliferation Treaty,

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.077 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11012 CONGRESSIONAL RECORD — SENATE November 16, 2006 it is crucial that we not simulta- Some of my colleagues might ask, if stated at the time of my vote that I neously be seen to undermine the we are already committed to non-as- was not opposed to the deal in prin- NPT’s foundations by our actions. My sistance under the NPT, and if mem- ciple, but was committed to working amendment sends a clear message that bers of the administration have assured constructively to strengthen this bill the United States stands by the spirit us that this is the case, why is this when it came to the floor, because I and the letter of the NPT. Rejecting amendment necessary? After all, re- still had concerns that had not been my amendment would send a dangerous quiring a presidential determination is addressed. I stand by that statement. I signal to Iran, North Korea and other a big deal. My response is that this would like to see an agreement that states that we are not taking seriously issue is a big deal. Nonassistance to In- brings our countries closer together our international commitments, and dia’s nuclear weapons program is such strategically, while preserving our na- that the NPT is no longer relevant. a critical aspect of this agreement that tional security interests. As you can see, my amendment is it must be spelled out within the legis- However, since the time of the com- quite detailed in spelling out exactly lation in clear, concrete terms, leaving mittee hearing, more information has how assistance to India’s weapons pro- no question or ambiguity. It is an issue come to light that further justifies the gram is defined, and what activities that demands the high bar of a presi- concerns I expressed earlier, and which should be prohibited under the terms of dential determination to Congress. I would like to share with my col- the agreement. The second determina- And there is a significant precedent leagues. tion, which relates to the provision of for such determination The 1985 Agree- First of all, since that time, the ment for Nuclear Cooperation Between nuclear fuel by the United States, is State Department released a report the United States and China required a particularly important, because it gets sanctioning two Indian firms for illicit presidential determination on non- to the heart of concerns about a pos- missile-related transactions with Iran. assistance to China’s nuclear weapons sible buildup of nuclear weapons. Cur- This report was 10 months overdue and program—one of only two binding pres- rently, India’s production of weapons was not released until 1 day after the idential determinations included in grade plutonium is constrained by its House voted on its version of this legis- that legislation. Specifically, the law lation. There are a number of things limited domestic supply of natural ura- stated that the U.S.-China nuclear co- nium. Experts, from former Senator that I find troubling about this report operation agreement could not go into and the way it was released, but the Sam Nunn former Assistant Secretary force until the President provided a of State for Nonproliferation Bob biggest is that it seems to contravene certification to Congress that the the Bush administration’s assertions Einhorn, have expressed concern that agreement was designed ‘‘to be effec- by providing nuclear fuel to India that India has a stellar nonprolifera- tive in ensuring that any nuclear mate- tion record. At a minimum, this report through this agreement, India’s domes- rial, facilities, or components provided tic supply of uranium might be freed demonstrates that there continue to be under the Agreement shall be utilized legitimate concerns about the spread of up in order to accelerate the produc- solely for intended peaceful purposes as tion of nuclear weapons materials. dangerous weapons technology, know- set forth in the Agreement.’’ how, and equipment—in India and else- And in fact, the Indians themselves In 1985, the Members of this body where. have expressed this possibility. Listen deemed that one of the two things the to the words of a former head of the In- Secondly, there have been troubling President of the United States should signals coming from the Indian Gov- dian National Security Advisory have to make a certification about ernment itself about its commitment Board, less than a year ago: prior to nuclear cooperation with an- to nonproliferation controls. In an Au- Given India’s uranium ore crunch and the other country was that our civilian co- gust 17 speech to the Indian Par- need to build up our minimum credible nu- operation would in no way assist that liament, Prime Minister Singh de- clear deterrent arsenal as fast as possible, it country’s weapons program. My clared that India would not agree to is to India’s advantage to categorize as many amendment is identical in scope and any changes to the nuclear deal im- power reactors as possible as civilian ones to purpose, and should be passed. If any- be refueled bv imported uranium and con- posed by the U.S. Congress: ‘‘We will thing, there are even more reasons to serve our native uranium fuel for weapons stick to the parameters of the agree- push for such a determination with re- grade plutonium production. ment signed in Washington last year gard to India, given that India is a non- This is from an article entitled and this alone will be the basis of nu- signatory to the Nuclear Non-Pro- ‘‘India and the Nuclear Deal,’’ in the clear cooperation,’’ he said. He specifi- liferation Treaty. Times of India on December 12, 2005. Some may argue that the President cally noted that India would not allow This is a former high-level Indian cannot make such a determination— ‘‘external supervision’’ of its strategic Government official, arguing less than that the President cannot know in ad- nuclear programs, and argued that a year ago that India should increase vance what India will do with material President Bush had committed to pro- its production of weapons material we provide to them. But this amend- viding an ‘‘uninterrupted supply of through the provision of imported ura- ment is about the scope and content of fuel’’—presumably, even if India were nium. I am, frankly, concerned by that the agreement, and about assurances to detonate another nuclear device. prospect. India has said that its stra- received from the Indian government. Prime Minister Singh also stated that tegic nuclear weapons program, and It is about our current actions, and the ‘‘there is no question of India being the production of fissile material, is strength of the agreement that the bound by a law passed by a foreign leg- unrelated to this deal. Secretary Rice President negotiates. And in fact, the islature.’’ This raises significant con- and other members of the administra- President made exactly such a deter- cerns in my mind as to whether India tion have assured us of the same thing. mination, in 1998, when he submitted would accept the important elements In fact, in its official response to one of Presidential Determination 98–10 to the of this legislation that the U.S. Con- Senator LUGAR’s questions last year, U.S. Congress to enable nuclear co- gress will put in place if it passes. the State Department noted that operation with China to move forward Finally, there have been signs of an ‘‘nothing to be provided to India under under that agreement. increasingly warm official relationship the Initiative will be used to enhance If this body is afraid that the Presi- between India and Iran. I note the India’s military capability or add to its dent would be unable to make such a irony of the timing: at the same time military stockpile.’’ determination with respect to India, I we are debating passage of a bill that If that is truly the case—and I be- ask one question: why then are we pur- will lend considerable assistance to In- lieve both sides when they say that ex- suing this deal? If we cannot be reason- dia’s nuclear program, we are doing ev- panding India’s nuclear weapons arse- ably certain that this agreement will erything in our power to prevent Iran nal is not a goal of this agreement— not help India to expand its nuclear ar- from furthering its own nuclear pro- then my amendment should be abso- senal, how good a deal is this? This gram. I would like to read a couple of lutely uncontroversial. It simply should be a simple calculation based on quotes from Indian Prime Minister makes those claims binding, by requir- the best interests of the United States. Singh, who had a meeting with Iranian ing the President to make such a deter- My colleagues are aware that I voted President Ahmadinejad on the sidelines mination. against this legislation in committee. I of the Non-Aligned Movement Summit

VerDate Aug 31 2005 03:01 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.039 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11013 in Cuba in September. Following the (IAEA) safeguards would do nothing to pre- other nations with India if U.S. exports are meeting, Prime Minister Singh stated vent the continued production of fissile ma- interrupted. that ‘‘India is determined to consoli- terial for weapons in unsafeguarded facili- However, India is insisting that the United States help provide an assured nuclear fuel date cultural, economic, and political ties. Consequently, foreign supplies of nu- clear fuel to India could assist India’s bomb supply, even in the event that the New Delhi ties with Iran,’’ and he expressed regret program by freeing-up its existing limited government conducts a nuclear test explo- over the ‘‘misunderstanding caused capacity to support the production of highly sion or otherwise violates the terms of a fu- about India’s stance on Iran’s peaceful enriched uranium and plutonium for weap- ture agreement for nuclear cooperation with nuclear program,’’ stressing that India ons. the United States. Such a guarantee would would ‘‘never join any efforts against FISSILE MATERIAL PRODUCTION be unprecedented and unwise. Congress should further clarify that the United States Iran.’’ I don’t think it takes very much To help ensure that U.S. civilian nuclear shall not provide or facilitate the supply of reading between the lines to doubt that cooperation is not in any way advancing In- nuclear fuel to India if the Government of dia’s weapons program and is not contrib- India will support us in our efforts to India resumes nuclear testing or fails to uting to nuclear arms competition with curtail Iran’s nuclear program—one of meet other provisions in U.S. law. Pakistan and China, Congress should require the most important national security GUARDING AGAINST ILLICIT PROCUREMENT challenges facing our country at this that the President determines that India has stopped fissile material production for weap- The Senate should also address the fact time. ons or has joined a multilateral production that some Indian government-affiliated en- As further evidence of the support for ban before the United States resumes full terprises have a history of attempting to by- my amendment, I would like to submit civil nuclear assistance to India. Four of the pass export laws designed to keep U.S. and for the RECORD a letter that was re- five original nuclear-weapon states—France, other foreign technology from contributing cently signed by a wide range of non- Russia, the United Kingdom and the United to its weapons effort. Congress should re- proliferation experts, former senior States—have publicly declared that they quire that before the implementation of any government officials, and respected sci- have stopped fissile material production for U.S.-Indian agreement for civil nuclear co- operation, the President must make a deter- entists. I ask unanimous consent that weapons. China is also believed to have stopped such production. mination that the Indian government or en- this letter be printed in the RECORD. India’s commitment to support U.S. efforts tities under its jurisdiction are not engaged There being no objection, the mate- to negotiate a global fissile material cutoff in the illicit procurement of commodities rial was ordered to be printed in the treaty (FMCT) is a laudable but somewhat controlled under the guidelines of the Nu- RECORD, as follows: hollow promise. Differences between the clear Suppliers Group (NSG) or the Missile FIX THE NUCLEAR TRADE DEAL WITH INDIA United States and most other states (includ- Technology Control Regime (MTCR). NOVEMBER 13, 2006. ing India) on whether such a treaty should be RETAIN USEFUL NONPROLIFERATION PROVISIONS U.S. SENATE, verified and competing priorities at the 65- We also urge Congress to retain several im- Washington, DC, nation Conference on Disarmament make portant elements already included in S. 3709 Attn: Foreign Affairs Staff. the prospects for the conclusion of an FMCT that would help reduce the adverse impacts DEAR SENATOR: We are writing again to difficult. of the initiative. Among these are the provi- urge you and your colleagues to support If India is truly committed to a ‘‘minimal sions requiring that a new safeguards agree- amendments that would address serious credible deterrent,’’ India should be able to ment between the IAEA and India has en- flaws that still plague the proposed U.S.-In- declare as a matter of national policy that it tered into force and that such safeguards are dian nuclear trade legislation (S. 3709), which has stopped fissile material production for consistent with IAEA standards, principles, may be considered this month. Despite some weapons, or else join the United States, and practices, and that such safeguards are important adjustments made to the adminis- China, France, Pakistan, Russia, and the permanent before any expanded nuclear co- tration’s original proposal by the Foreign United Kingdom in a multilateral fissile cut- operation can take place. To date, India has Relations Committee, the arrangement off agreement, pending the completion of a not begun formal talks with the IAEA on would have far-reaching and adverse effects global, verifiable FMCT. The Congress such safeguards and is reportedly seeking on U.S. nonproliferation and security objec- should direct the President to actively pur- ‘‘India-specific’’ safeguards that would be tives. We believe the legislation must in- sue the early conclusion of such an interim contingent on continued fuel supplies. This clude further improvements in several key cutoff agreement with India and other rel- is not consistent with the IAEA safeguards areas, among them: evant parties, pending the entry into force of applicable in the Indian case, which are A determination, prior to resumption of a global FMCT. known as INFCIRC/66.Rev.2 safeguards. full nuclear cooperation, that India has NONASSISTANCE TO INDIA’S NUCLEAR WEAPONS With respect to the Section 106 provision stopped the production of fissile material PROGRAM restricting the transfer of enrichment and (plutonium and highly enriched uranium) for The Senate bill should also require that reprocessing technologies, for 30 years U.S. weapons or else joined a multilateral fissile prior to implementation of a U.S.-Indian nu- nonproliferation policy has sought to dis- production cutoff agreement; clear cooperation agreement, the President courage the spread of sensitive nuclear tech- A determination and annual certification make a determination that the proposed U.S. nology. As President Bush said in February that U.S. civil nuclear trade does not in any civil nuclear assistance will not, in any way, 2004, ‘‘enrichment and reprocessing are not way assist or encourage India’s nuclear assist India’s nuclear weapons program. necessary for nations seeking to harness nu- weapons program; Such a determination should take into ac- clear energy for peaceful purposes.’’ Current Measures to ensure that the United States count the possible replication and subse- U.S. nuclear cooperation agreements, includ- does not continue to provide nuclear assist- quent use of any U.S.-origin technology in ing those with EURATOM, Japan, and China, ance directly or through other suppliers in an unsafeguarded nuclear facility and the expressly prohibit transfers of such tech- the event that India breaks the nonprolifera- provision of nuclear fuel in such a manner as nologies, which can be used to make nuclear tion commitments outlined on July 18, 2005; to facilitate the increased production of bomb material. India should not in any way and highly enriched uranium or plutonium in be an exception to that important policy. To ensure that India is meeting other key A determination that the Government of unsafeguarded nuclear facilities for weapons obligations outlined in the July 18, 2005 India (GOI) or GOI-affiliated entities are not purposes. Such a determination would help Joint Statement, the Senate should retain engaged in illicit procurement of WMD-re- maintain confidence that the United States language in the House bill requiring that a lated items. is complying with its NPT Article I commit- We believe these measures are necessary U.S. Indian agreement for nuclear coopera- ment not to assist other states’ nuclear because India has neither joined the nuclear tion shall be terminated if India makes a weapons programs. The Senate should also Nonproliferation Treaty (NPT), nor accepted materially significant transfer that does not agree to provisions in the House bill (H.R. safeguards on all of its nuclear facilities, and conform with the guidelines of the NSG or 5682) requiring annual executive branch re- India’s nonproliferation policy is not fully MTCR. Congress should recall that in the ports on whether any such assistance has oc- consistent with the nonproliferation prac- past 20 months, seven Indian entities have curred, and on India’s uranium mining and tices and responsibilities expected of the been sanctioned by the U.S. Government for fissile material production rates, and other original nuclear-weapon states. transfers of weapons-related items to Iran, related matters. Under the proposed nuclear cooperation including sanctions announced in July for deal, India has pledged to accept safeguards TERMINATION OF TRADE AND FUEL SUPPLY transfers of chemicals useful for missile pro- at only eight additional ‘‘civilian’’ nuclear ASSURANCES pellant manufacture. facilities by 2014. India has not yet agreed S. 3709 now makes clear that if India con- Finally, the legislation wisely codifies that safeguards on these facilities would be ducts another nuclear test explosion or oth- commitments made by senior Bush adminis- permanent. Current and future military-re- erwise violates the terms of an agreement tration officials that before the United lated nuclear reactors, enrichment and re- for nuclear cooperation, U.S. nuclear assist- States may engage in wider nuclear trade processing facilities, and weapons fabrica- ance would be jeopardized. The bill also with India, it must also secure the consensus tion facilities would remain unsafeguarded. states that it is the policy of the United approval of the 45–nation NSG. The group op- Partial International Atomic Energy Agency States not to facilitate nuclear trade by erates under guidelines established in 1992

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.044 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11014 CONGRESSIONAL RECORD — SENATE November 16, 2006 that restrict trade with states (such as or encourage India’s nuclear weapons that have come before us is whether India) that do not accept full-scope safe- program.’’ My amendment is directly the U.S. national security is advanced guards on all of their nuclear facilities. If in line with the advice of these leading by engaging India and by increasing the United States or other states seek to experts, and addresses an important the IAEA oversight of the India nu- sidestep the NSG’s consensus decision-mak- ing process, the NSG may cease to function shortfall in the legislation as it stands clear program. I believe the answer is as an important barrier against the transfer now. yes, and as a result I support this of nuclear material, equipment, and tech- I acknowledge that the U.S. business agreement and I oppose amendments nologies for weapons purposes. community has come out strongly in such as the one now before us that Without the inclusion of the provisions we support of this legislation. I would only would require renegotiation or make have described, the legislation for renewed like to add a note of caution to their implementation of the agreement im- nuclear cooperation with India will have far- optimism. There is nothing in this deal possible. reaching and adverse implications for U.S. that would secure U.S. contracts or While the Feingold amendment ap- nuclear nonproliferation and international objectives. guarantee an increase in U.S. business. pears harmless, it requires the Presi- While we agree that building upon the al- The U.S. is not the only one in the nu- dent to certify that no form of the U.S. ready strong U.S.-Indian partnership is an clear market. Australia and Russia civilian nuclear cooperation with India important goal, we remain convinced that it have already indicated they are work- will in any way assist, encourage, or can and should be pursued without under- ing with India to sell fuel, and compa- induce India to manufacture or other- mining the U.S. leadership efforts to prevent nies from Great Britain, France, and wise acquire more nuclear weapons in the proliferation of the world’s most dan- Russia have viable civil reactor tech- the future. This certification demanded gerous weapons. nology that they will certainly pitch to by the amendment is impossible to Sincerely, Harold Bengelsdorf, Consultant, and India. It is far from a foregone conclu- make, and even if it could be made, it former Director of the Office for Non- sion that U.S. companies will directly would be ineffective. How do we expect proliferation Policy at the Energy De- benefit from the deal. In the 8 years the President of the United States to partment and former Office Director that nuclear trade has been permitted predict the future? Clearly we do not for Nuclear Affairs at the State De- with China, the United States has sold expect, plan, or intend for this agree- partment; Joseph Cirincione, Senior exactly zero nuclear reactors to ment to aid India’s nuclear program. Vice President for National Security China—zero. I bring this up to point We have taken numerous steps to pre- and International Policy, Center for out that some of the benefits of this vent this from happening. We are con- American Progress; Ralph Earle II, Former Director, U.S. Arms Control deal may be exaggerated, and we fident that we have already put the and Disarmament Agency; Robert J. should remember the overriding pri- necessary provisions in place in this Einhorn, Former Assistant Secretary ority as we consider this legislation: agreement. of State for Nonproliferation; Lt. Gen- whether it will make the citizens of the A Presidential certification as re- eral Robert G. Gard, Jr. (USA, ret.); United States more safe, or less. quired by the amendment is a legal Ambassador Robert Grey, Director, Bi- Mr. President, in closing, I would pledge to Congress. Senate bill 3709 re- partisan Security Working Group, and like to put in a brief word of apprecia- quires a number of certifications, but Former U.S. Representative to the tion for the substantial amount of it does so based upon information in Conference on Disarmament; Frank work done on this bill by Senator the President’s possession. We do not von Hippel, Professor of Public and International Affairs, Program on LUGAR, Senator BIDEN, and their staffs. ask the President to predict the future Science and Global Security Princeton This bill is a real improvement over or make a judgment when the nec- University; John D. Holum, Former the original proposal put forward by essary information is unavailable. Undersecretary of State for Arms Con- the administration, but there are still This is not the first time the Senator trol and International Security Affairs a few shortcomings that remain. My from Wisconsin has offered this amend- and Former director of the U.S. Arms amendment would address what I, and ment. The Senate Foreign Relations Control and Disarmament Agency; many others, see as one of the main Committee voted 13 to 5 to defeat the John D. Isaacs, President, Council for a outstanding concerns with the bill. It same amendment during our markup of Livable World; Spurgeon M. Keeny, Former Deputy Director U.S. Arms will ensure that this agreement is in S. 3709. During the markup, the admin- Control and Disarmament Agency; line with our non-proliferation obliga- istration strongly opposed the amend- Daryl G. Kimball, Executive Director, tions and protects U.S. national secu- ment and expressed its view that it was Arms Control Association; Lawrence rity, without putting any undue bur- a killer amendment. Korb, Former Assistant Secretary of dens on the U.S. or our Indian partners. Senator BIDEN and I do not believe Defense for Manpower, Reserve Affairs, It is a nonpartisan, commonsense this amendment is necessary. We share Installations and Logistics; Fred amendment, in line with previous leg- the concerns Senator FEINGOLD has ex- McGoldrick, Consultant, and Former islation, and I hope that all of my col- pressed, but we believe we have ad- Director of Nonproliferation and Ex- dressed them in the committee-passed port Policy at the State Department; leagues will consider voting in favor of Kelly Motz, Associate Director, Wis- it. bill in a manner consistent with our consin Project on Nuclear Arms Con- I yield the floor. agreement with India and in a way trol; Christopher Paine, Senior Nuclear The PRESIDING OFFICER. The Sen- that avoids renegotiation. Program Analyst, Natural Resources ator from Indiana. First, the United States is obligated Defense Council; William Potter, Insti- Mr. LUGAR. Mr. President, I thank by article I of the nonproliferation tute Professor, Monterey Institute of the distinguished Senator from Wis- treaty not to engage in any nuclear co- International Studies; Lawrence consin for his very important contribu- operation that would assist India’s nu- Scheinman, Distinguished Professor at tions to the Senate Foreign Relations clear weapons program. Nothing in the the Center for Nonproliferation Stud- Committee and the specific contribu- United States-India agreement violates ies, and former Assistant Director of the U.S. Arms Control and Disar- tions he has made to the discussion of this obligation. In reality, this agree- mament Agency; Leonard Weiss, this legislation. Reluctantly, I rise in ment encourages India to produce Former Staff Director of the Senate opposition to his amendment. fewer nuclear weapons by requiring Subcommittee on Energy and Nuclear In my judgment—and I don’t use the more Indian facilities to be placed Proliferation and the Committee on term unadvisedly—this is truly a killer under IAEA safeguards. We must re- Governmental Affairs. amendment. If accepted, it would re- member that the United States will Mr. FEINGOLD. Briefly, the letter quire the United States and India to re- not cooperate with any Indian facility, notes that there are still flaws that re- negotiate the civilian nuclear agree- site, or location that is not under IAEA main in S. 3709, and urges the Senate ment on which we are having our de- safeguards. In other words, the IAEA to adopt at least four measures to ad- bate this evening. I state categorically: will have inspection rights at those dress them. The second of their four India has nuclear weapons. Let me re- places where U.S. exports are utilized. recommendations for improvements is peat that: India has nuclear weapons Second, S. 3709 requires that the that there be ‘‘a determination and an- and has stated its intent to keep them. IAEA safeguards be supplemented by nual certification that U.S. civil nu- The critical issue we must consider in bilateral end-use monitoring require- clear policy does not in any way assist examining each of the amendments ments under section 107. In other

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Third, the bill requires the President have a sense of where they will go with So this is both necessary and practical of the United States to inform Con- this amendment, but I do want to from that point of view. gress of any Indian violation of their make a couple of points for the record, I believe I have responded to each of commitments under the agreement. given how important this amendment the arguments made by the Senator This preserves Congress’s oversight is and how important this agreement from Indiana. Obviously, I have enor- role and permits us to act should In- is. mous respect for him and his leader- dian behavior require a reexamination The chairman suggests that what we ship of the committee, but I would urge would do here with this amendment of the cooperative agreement. my colleagues to join me in supporting would somehow force the renegotiation Fourth, section 109 states that no au- this amendment which would allow me of the agreement. I don’t accept that thority under S. 3709 can be used to to feel comfortable supporting this notion. But I would say, given the im- violate U.S. commitments under the agreement, because I do want us to portance of making sure this isn’t used Nuclear Non-Proliferation Treaty. U.S. have a good agreement with India. I contributions to the Indian nuclear for nuclear weapons, it is well worth renegotiating if it actually required just think we need to have this sort of program would be a blatant violation an assurance that my amendment pro- of this treaty commitment. Senator that. But I don’t think it does. More importantly, it just doesn’t vides. BIDEN and I thought it was critically I yield the floor. important to reinforce the Senate’s make any sense to me that such an amendment would require the full re- Mr. SCHUMER. Mr. President, would strong support for the NPT by insisting the Senator yield 4 minutes from his that our country continue to comply negotiation of the agreement when you look at the fact that the bill before us time? with its requirements. Mr. FEINGOLD. I yield the Senator Lastly, sensitive transfers most like- today already, in section 105, requires eight different Presidential determina- from New York such time as he needs. ly to aid India’s nuclear programs are Mr. SCHUMER. Mr. President, I rise prohibited by this bill. Section 106 for- tions. I am just adding two additional ones. There are already Presidential to support the India nuclear trade bids trade in enrichment, reprocessing, agreement because it strengthens and heavy water technologies unless determinations that have to be made, so how can it be that the additional re- America’s relationship with a critical those transfers are under international ally, but it also creates strong incen- supervision and then only to create quirement that there be determina- tives for other countries to support our proliferation-resistant versions. By tions by the President of the United nonproliferation efforts by rewarding prohibiting the transfer of these tech- States, not by Indian officials—how them with our valuable nuclear tech- nologies, we ensure that U.S. assist- can that force the renegotiation of this nology. ance does not inadvertently assist In- agreement? It doesn’t direct the Indi- Proliferation of nuclear technology dia’s weapons program. ans to do anything. So I reject the no- is a very serious issue. Make no mis- India is not required to declare to the tion that somehow this would require IAEA any information on the produc- the renegotiation of the agreement, take about that. India has a good non- tion of highly enriched uranium or plu- and if it did, I think it would be better proliferation record and will be a true tonium. Its nuclear enrichment and than not changing it. partner in our efforts to prevent nu- processing plants will also be outside Now, the biggest problem with the clear weapons technology from falling IAEA safeguards. Without access to chairman’s argument is that he is rely- into the wrong hands. India’s history of this information, it will be impossible ing on an earlier version of our amend- nonproliferation of dual-use nuclear for the United States to evaluate In- ment which we offered in committee, technology and its willingness to im- dian production of fissile material. which I thought was worth passing. plement IAEA guidelines and standards Consequently, it is impossible to deter- But the chairman correctly notes that at nuclear facilities make India a wel- mine whether an increase in Indian we were defeated in the committee 13 come member of the global nuclear military fissile material production oc- to 5. One of the was that community. curred because of foreign nuclear reac- somehow this amendment would force Of course, the devil is in the details. tor fuel supply. In fact, India’s own the President to certify some facts, That is why it is so important that this uranium mining and milling will prob- that he couldn’t necessarily know for bill preserves congressional oversight ably play a much larger role in any sure what the Indians were exactly of any agreement the administration analysis on this subject. doing or what they might do in the fu- reaches with the Indian Government. It In sum, it is simply not possible to ture. I recognize that point. That is is carefully crafted so that the U.S. verify the relationship between the de- why I drafted this amendment to only agreement will not undermine the Nu- livery of foreign fuel exports to India relate to the scope and content of the clear Non-Proliferation Treaty or our and the possibility of increases in In- agreement. There is nothing in my obligations to the Nuclear Suppliers dian production of highly enriched ura- amendment that requires the President Group. nium or separated plutonium, nor is it to certify what might happen in the fu- Under this bill, cooperation would possible to analyze the relationship be- ture. And this is the critical distinc- end if India tests a nuclear weapon, tween future exports and domestic pro- tion. This amendment does not have proliferates nuclear weapons or mate- duction. India is not required to share the flaw that was argued in committee. rials, or breaks an agreement with the this information. The IAEA does not It only talks about the President certi- United States or the IAEA. India’s ac- have access to these facilities. Requir- fying with regard to the scope and con- cess to nuclear cooperation will depend ing the President of the United States tent of this agreement and also getting on its continued participation as a to certify something he has insufficient assurances from the Indian Govern- good citizen of the global nuclear com- information to determine is unwise and ment that the purpose of this agree- munity. potentially harmful, and the amend- ment is not about nuclear weapons but A close relationship with India in ment clearly demands that the Presi- is about civil purposes. So it is, in fact, general will help us to align our mu- dent make that certification. Congress different from the amendment in com- tual goal of combating terrorism. Both will be kept completely informed on mittee, and that is an important dis- our nations have been victims of seri- developments in this area through the tinction as Members think about ous attacks of terrorism, and we know existing reporting requirements of S. whether they want to vote for this that the greatest danger we face is a 3709. version on the floor of the Senate. It is nuclear weapon falling into the wrong Mr. President, for all of these rea- more modest, but it still accomplishes hands. Neither of us wants al-Qaida to sons, I oppose this amendment. I ask an important goal. gain a nuclear weapon. Neither of us

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The best way (Purpose: To make the waiver authority of to roll back North Korea’s nuclear pro- to ensure India’s proper handling of its the President contingent upon a certifi- gram and convince them to rejoin the nuclear technology is not by distancing cation that India has agreed to suspend NPT. it but by working with it to address military-to-military cooperation with India is becoming a recognized de Iran, including training exercises, until issues of mutual concern. such time as Iran is no longer designated facto nuclear power, but it is not re- Economic ties continue to bind our as a state sponsor of terrorism) quired to take on any of the commit- two countries through an increasing On page 8, beginning on line 8, strike ments made by the five recognized nu- flow of goods, services, and cultural ex- ‘‘Group; and’’ and all that follows through clear powers. change. It is vital that we recognize ‘‘Nuclear’’ on line 9 and insert the following: As The Economist reported earlier this improving relationship and work ‘‘Group; this year: toward common goals for international (8) India has agreed to suspend military-to- . . . the recognized nuclear powers—Amer- military cooperation with Iran, including policy standards. The buildup of nu- ica, Russia, Britain, France and China—are training exercises, until such time as the committed under the NPT to curb their arse- clear weapons throughout the world is Government of Iran no longer supports acts one of the most serious dangers hu- nals . . . on the way to eventual disar- of international terrorism, as determined by mament; the deal with America lets India manity faces. Especially in today’s the Secretary of State under section 620A of build as many bombs as it chooses. world, we must ensure that nuclear the Foreign Assistance Act of 1961 (22 U.S.C. technology is developed and used ac- 2371) and section 6(j) of the Export Adminis- I think it is important to note what cording to global standards as set forth tration Act of 1979 (50 U.S.C. App. 2405(j)); we are doing here. There is no limit on by the International Atomic Energy and the number of bombs that India could (9) the Nuclear Association for peaceful purposes. An build in this deal. agreement with the United States will Mrs. BOXER. Mr. President, this is a The Economist goes on to say that also provide an incentive for India to very simple amendment. What we are the five nuclear powers have: refrain from conducting future nuclear saying is this deal should not go for- at least all signed the treaty banning fur- weapon testing and to work with our ward until India has agreed to cut off ther nuclear tests and have stopped pro- military-to-military ties with Iran and ducing more highly enriched uranium and Government to curtail proliferation of plutonium; India flatly refuses to do either. nuclear weapons. Most important, this that the President so certifies. The Nuclear Non-Proliferation Trea- Experts believe that this deal could legislation creates incentives for other ty is the keystone of our efforts to stop allow India to vastly increase its pro- countries that cooperate with our non- the spread of nuclear weapons through- duction of nuclear weapons from about proliferation efforts. It will encourage out the world. Back in the 1960s, there 6 a year to about 50 a year. What a con- other countries around the world to co- was widespread concern that dozens of tribution this Senate is making to operate with the efforts of the United nations would have nuclear weapons world peace. I am absolutely stunned. States to reduce the threat of nuclear within a decade. Just months before We are going to have 50 nuclear weap- weapons by rewarding those countries his death, President Kennedy warned of ons, perhaps, made in India, touching that behave responsibly with advanced this dire threat, saying: off an arms race in the region. That American technology. I ask you to stop and think for a moment, would not be in any country’s inter- I yield the remainder of the time I what it would mean to have nuclear weapons ests, including our own. have to my friend from Wisconsin. in so many hands . . . that there would be no Secretary Rice has argued that we Mr. LUGAR. Mr. President, we have rest for anyone then, no stability, no real se- are not helping India’s nuclear weapons had a good debate. I note the presence curity, no chance of effective disarmament. There would only be the increased chance of program because only a small amount of the distinguished Senator from Cali- accidental war, and an increased necessity of India’s indigenous uranium would be fornia on the floor, which prompts me for the great powers to involve themselves in needed for India’s military weapons to inquire of the distinguished Senator what otherwise would be local conflicts. program. But listen to what the Con- from Wisconsin whether he requires ad- But thanks to the Nuclear Non-Pro- gressional Research Service says: ditional time? If the Senator is pre- liferation Treaty, there are less than 10 The question for the United States is not pared to yield back his time, I will nuclear weapons states in the world whether India intends to ramp up its weap- yield back time on our side, and then today. In fact, since the Nuclear Non- ons program with freed-up uranium, but we could proceed to debate on the Proliferation Treaty was first signed in whether the U.S. and other states’ actions amendment of the Senator from Cali- 1968, more nations have ended nuclear create a new capability for India to do so. fornia and maybe to a closer time for weapons programs than have begun We call this fungible—fungible ura- final passage, for Members who are re- them. Countries such as Brazil, South nium. This should concern every single questing this of all of us. Africa, and Japan decided to abandon Senator, but unfortunately it doesn’t Mr. FEINGOLD. I thank the Senator their nuclear weapons program and appear to. It should concern every Sen- from Indiana. I yield back my time. join the Nuclear Non-Proliferation ator who believes that the proliferation Mr. LUGAR. I will yield the time on Treaty. of nuclear materials is the most dan- our side. India did not sign the Nuclear Non- gerous issue facing the country today The PRESIDING OFFICER (Mr. Proliferation Treaty, instead choosing and that is why I have supported all the amendments. Unfortunately, these CHAFEE). All time is yielded back. The to develop nuclear weapons outside of Senator from California is recognized. the NPT regime. India developed a nu- amendments were defeated. They clear weapon in 1974 using a research would have required the President to AMENDMENT NO. 5187 reactor and materials provided by Can- certify that this deal does not assist or Mrs. BOXER. Mr. President, I send an ada and the United States of America encourage India to produce additional amendment to the desk and ask for its in the 1950s. India had pledged to use fissile material for weapons. immediate consideration. the reactor only for peaceful purposes, The amendment I am offering ad- The PRESIDING OFFICER. The but it failed to keep that promise. So dresses a second area where the admin- clerk will report. by giving India a special deal to both istration has failed to receive commit- The legislative clerk read as follows: possess nuclear weapons and receive ments from India and that has to do civil nuclear assistance, it will be hard- with India’s military-to-military rela- The Senator from California (Mrs. BOXER) proposes an amendment numbered 5187. er to convince nonnuclear weapons tionships with Iran. states to keep their commitment to Last spring, at the very same time Mrs. BOXER. I ask unanimous con- forgo nuclear weapons. that the President, our President, was sent the further reading of the amend- The timing could not be worse. Right in India to sign the United States-India ment be dispensed with. I wanted the now, the international community is Civil Nuclear Cooperation Agreement, beginning read because this is a very trying to convince one nonnuclear two Iranian warships were visiting the simple amendment. member of the NPT, Iran, to cease ura- headquarters of the Indian Navy’s The PRESIDING OFFICER. Without nium enrichment because the IAEA Southern Command. At the very same objection, it is so ordered. cannot verify that its program is for time that President Bush was in India The amendment is as follows: peaceful purposes. We are also trying to sign the United States-India Civil

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.081 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11017 Nuclear Cooperation Agreement, two these military-to-military relation- Proponents of this legislation say our Iranian warships were soliciting the ships. bilateral relationship with India is im- headquarters of the Indian Navy’s It is also very important to point out portant. I agree with them. I have Southern Command. These warships that the United States has already great hopes for the future of our two were participating in a training pro- sanctioned Indian entities and individ- nations. It is so important that we gram under the military cooperation uals for missiles and WMD-related work together. But somebody tell me agreement with Tehran that was transfers to Iran. In 2004, the United how we are better off when we have an signed in 2003. States imposed sanctions on two In- India that can build up to maybe 50 The fact that India would conduct dian scientists for nuclear-related bombs. training exercises with the world’s transfers to Iran. Both scientists were Somebody explain to me how we are leading state sponsor of terrorism high-ranking officials in the Nuclear better off when we don’t even have a while the President of the United Power Corporation of India, Limited. clause in here that says that India has States is visiting New Delhi is simply In December 2005, sanctions were im- to receive military-to-military rela- unbelievable. My amendment says that posed on two Indian chemical compa- tionships with Iran before this goes the President may not provide civil nu- nies for transfer of chemical-related ahead. Somebody explain it to me. I clear assistance to India until he cer- items to Iran, and as recently as last don’t think it has been explained. tifies that India has agreed to suspend July, sanctions were imposed on two I am happy the Harkin amendment military-to-military cooperation with more chemical manufacturers in India was adopted. It says that India has to Iran so long as the Government of Iran for transfers to Iran. In May 2005, India work with us to make sure Iran doesn’t continues to support international ter- passed a law on weapons of mass de- get a nuclear capability, as they are rorism. struction and their delivery systems. trying to do now. If we adopted that My amendment does not say they can But according to CRS, the administra- amendment, why can’t you adopt this never have this deal. But it says they tion has not yet assessed India’s export amendment which simply says shut off must not cooperate, military to mili- control law and regulation, and those military-to-military agreements tary, with Iran until the day Iran is . . . some observers have stated that India between India and Iran before this goes taken off the list of terrorists. does not have the necessary regulations in forward? According to a March 2006 Defense place to implement the law, and that India’s I wish the administration would have resources for implementation are remark- News article: ably limited. worked harder to craft a better deal, a more balanced deal that would have In 2003 India and Iran signed a strategic In other words, they have a Weapons agreement to cooperate in defense and other been a net win for nonproliferation, Control Act, but experts believe they matters. The deal was cemented by the visit while securing India’s commitment to are not enforcing it. History tells us of then Iran President Mohammed Khatami suspend its military relationship with that they, in fact, have acted wrongly, to the Republic Day parade in New Delhi, an Iran. to pass on technologies that are harm- honor usually reserved for key allies. India As Robert Einhorn, a nonprolifera- still considers Iran to be a key ally and this ful, to Iran. So it seems to me, with tion expert at the Center for Strategic agreement on military cooperation is still in this history, my colleagues should be and International Studies, told the place, even though Iranian actions are lead- supporting this amendment. I believe Senate Foreign Relations Committee ing to the deaths of American soldiers in they should be and I regret that I need on which I am so proud to serve, ‘‘the Iraq as we speak. to offer it. I thought it would be ac- deal was concluded in great haste, driv- General Casey has said that Iran is cepted. I thought it would not be a using surrogates to conduct terrorist problem. That it would be treated in en by the calendar of the Bush-Singh operations, both against us and against many ways is obvious. The President, meetings rather than by the serious- the Iraqi people. He went on to say: it seems to me, should have made sev- ness and complexity of the task at We are quite confident that the Iranians, ering military ties with Iran a pre- hand.’’ Everybody knows it. We knew through the special operations forces, are condition to civil nuclear cooperation. it at the time. And I had hoped we providing weapons, IED technology and But, unfortunately, the United States could then make this a better deal. training to Shia extremist groups in Iraq. I have worked hard. I have tried. We is giving away more than it received in have lost amendment after amendment Of particular concern is the fact that this deal. Iran is providing a type of IED, or My friends who want to desperately after amendment. It is so regrettable. roadside bomb, that has a shaped see this passed tonight are voting down It is regrettable that we rushed into charge and is particularly deadly. amendment after amendment. And we this agreement. But we have a chance So don’t you think that if we are giv- are taking a deal in which, as former to improve this agreement in behalf of ing India this deal of a lifetime to re- Senator Nunn said, ‘‘India was a lot the Boxer amendment. I urge its adop- ceive nuclear technology from us, the better negotiator than we were.’’ tion. least they could do is sign an agree- That is Sam Nunn. We know how I retain the remainder of my time. ment not to have military-to-military hard he worked with the current chair- Mr. LUGAR. Mr. President, I have exercises and relationships with a man of this committee to stop nuclear listened carefully, as all Members do, country that is, in essence, bringing proliferation. What did he say of this to the distinguished Senator from Cali- death and destruction to our sons and agreement? ‘‘India was a lot better ne- fornia, who is such a valuable member daughters in the United States mili- gotiator than we were.’’ of the Senate Foreign Relations Com- tary? So those of us on the Senate floor mittee. And she has expressed some of For more than 20 years, Iran has been who are trying to get a better deal, the views which are contained in her the world’s leading state sponsor of who are trying to change this deal, are statement this evening during the very terrorism. It supports Hezbollah, sev- being voted down—boom, boom, boom. important hearings the committee con- eral Palestinian terror groups such as We are taking a deal that Sam Nunn ducted. Hamas and, according to the State De- said essentially they ‘‘bested’’ us on. I will just say very clearly that Mem- partment, Iran is also: I come from a State with a huge In- bers on both sides of the aisle in com- . . . unwilling to bring to justice senior al- dian population. Our Indo-Americans mittee felt that there were improve- Qaida members it detained in 2003 and has are prominent in our State. I support ments that could occur with regard to resisted numerous calls to transfer custody strong relations with India. India is the the agreement, even if the agreement of its al-Qaida detainees to their countries of world’s largest democracy. It is so im- was negotiated in a fairly short period origin or to third countries for interrogation portant for us to work together to pro- of time. The Senate Foreign Relations and/or trial. mote our mutual interests. Committee has taken ample time to It seems to me we should convince I am proud to be a member of the work through this with the administra- our friend—India—to suspend its mili- Senate India Caucus and have nothing tion as well as with each other. I regret tary-to-military cooperation with Iran. but the utmost respect for the Indian that we did not have unanimity in the The Boxer amendment will have that people. But this deal is not a good deal committee on final passage. A vote of result, because they want this deal and for America. This deal is not a good 16 to 2, however, indicated a very I believe they would act to cut off deal for the world. strong coming together, which clearly

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.090 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11018 CONGRESSIONAL RECORD — SENATE November 16, 2006 has been expressed on the floor of the perts have indicated that this amend- California; I seldom ever win, and I am Senate today in the votes on various ment could very well have the opposite very uncomfortable because I consider amendments. effect, forcing New Delhi away from her one of my best friends in this body. But I must say that the amendment the U.S.-Indian Agreement. So it is an uncomfortable position to offered by the Senator from California The administration has frequently be in. is, in my judgment, a killer amend- made U.S. policy on Iran clear to the I want to make three points. The ment. It goes far beyond the scope of Indian Government. The U.S. has con- first is that right now, if India were to the July 18 Joint Statement issued by sistently expressed our desire for In- engage in transferring any lethal weap- President Bush and Prime Minister dia’s support of our efforts and policies. onry to Iran, it would be in violation of Singh. One of the unheralded diplomatic ac- our law. It would damage the relation- The amendment as written would not complishments of the 2005 Joint State- ship and fundamentally alter our rela- permit the U.S.-India agreement to go ment is India’s commitment to support tionship. It is existing U.S. law. into effect until India abandoned its international efforts to limit the No country can transfer lethal weap- military-to-military contacts with spread of enrichment and reprocessing onry to Iran and maintain our support. Iran. This is a killer condition that, if technologies, including to states such That is No. 1. adopted by Congress, would require re- as Iran. The second point I would like to negotiation of the agreement. I emphasize that point. If, in fact, we make is with the underlying concern— Few, if any, Members of Congress dis- are deeply concerned—and I am, and I know it is much broader than this—of agree with the sentiment expressed in the Senator from California certainly my friend from California. I think if I this amendment; namely, that Iran is a is—about the developments in Iran of a read her correctly—and I may not be— destabilizing force in the Middle East. nuclear program and the commitment somehow this agreement is going to As former Secretary of State Henry of India to work with us, to limit that yield the prospect that India will be in Kissinger recently wrote in the Wash- spread of enrichment and reprocessing a better position to transfer some kind ington Post: is very important. To deliberately take of technology in this military-to-mili- Everything returns to the challenge of action which scuttles this agreement tary relationship to Iran that will help Iran get the nuclear capability. Iran. It trains, finances and equips and indicates to the Indians that they The truth is, as the chairman has Hezbollah, the state within a state in Leb- can look elsewhere for partnership is to anon. It finances and supports Moqtada al- pointed out, they have entered into an Sadr’s militia, the state within a state in court disaster. agreement with us not to do that. But, l am pleased that India is committed Iraq. It works on a nuclear weapons program secondly, they have voted in the IAEA to being a responsible member of the which would drive nuclear proliferation out with the Board of Governors to sanc- of control and provides a safety net for the international community and it has tion Iran, to take issue with Iran, to systemic destruction of at least the regional made the decision that it is in its own order. report it to the U.N., and they voted national security interest to oppose with us in the U.N. So they are openly Iran is a critical challenge to U.S. di- Iran’s weapons of mass destruction pro- taking on Iran in terms of the thing of plomacy and global security. In this gram. greatest concern to us all. difficult environment the U.S. must On a number of occasions the Indian- I know my friend spoke eloquently cultivate a strong multilateral re- Iranian military relationship has been about the support of terrorism by Iran. sponse to Iran’s pursuit of nuclear greatly exaggerated. This year an arti- The implication is that any military- weapons and support for terrorism. An cle alleged that India was providing to-military assistance goes directly to effective solution to the Iranian threat military training for Iranian sailors. helping the capability of the Iranians must include India. Holding New Delhi Secretary Rice responded that while to help support Hezbollah and other or- to a different standard than our closest Iranian ships have made port calls at ganizations that are terrorist organiza- allies or other nations we engage in nu- India ports, she reported that New tions around the world. clear commerce does not appear to be Dehli had denied that Iranian sailors I will make the following observa- the best way to secure their support. had been trained in India. tion: She also stated accurately that On April 5, 2006, Secretary Rice testi- It is unfortunate that the Senator Indian entities have been sanctioned fied before the Committee on Foreign from California constructed the for transferring materials to Iran. I Relations that India has ‘‘low level amendment in this manner. It would be must point out, so has Germany, so has military-to-military contacts.’’ She more appropriate to address this issue the Spanish, so have European allies of noted ‘‘that there are a number of in the sense of Congress section or as a ours. They also had entities sanc- countries that have relations with statement of U.S. policy. If the amend- tioned. It is not unique to India that an Iran, and it’s, of course, the sovereign ment was modified in this manner, I organization would, in fact, provide as- right of a country to have relations am prepared to recommend that it be sistance to Iran in a way that would with whomever they would like to have adopted by unanimous consent. Unfor- generate United States sanctions. relations.’’ She argues that the U.S. ‘‘is tunately, in its current form it makes Spain is the most recent offender. not going to do better in pulling India it impossible for the President to meet I conclude by saying this is the hard- toward us by insisting that they cut off the requirement and thus implementa- est piece to swallow—not what the relations with other states.’’ She con- tion is impossible. Senator said, but what I am about to cluded that she didn’t ‘‘think that’s If this amendment is adopted, in my say is the hardest piece to swallow. going to work very effectively.’’ judgment, the United States-India Palmerston had the famous expression The Secretary of State argues that agreement will be scuttled. That, I be- that countries don’t have permanent the international community is chang- lieve, would be a tragedy. friends, they have permanent interests. ing its approach to Iran. She cites the I urge Senators to vote against the Look where India resides and look exodus of banking and financial insti- Boxer amendment. where Iran resides. One of the coun- tutions. Perhaps most importantly she The PRESIDING OFFICER. Who tries they are most concerned about is points out that India was the only yields time? Pakistan. Now, it is not reasonable to member of the non-a1igned movement Mr. BIDEN. Mr. President, how much assume that India and Iran would not to vote for referral of the Iran to the time remains? want to have a military relationship U.N. Security Council for its illegal nu- The PRESIDING OFFICER. Fourteen where they shared information and/or clear program. This was an important minutes. concerns relative to Pakistan. So for development because India was a Mr. BIDEN. I wonder if the Chair them to forswear any kind of relation- founder and a longtime leader of the would give me 3 minutes. ship at all with India that has a mili- movement. Mr. LUGAR. I will yield whatever tary or quasi-military relationship is Let me be clear, this amendment will time the Senator will consume. to essentially suggest to them that reverse the important trend of coun- Mr. BIDEN. Mr. President, I will be they should not deal with a common tries distancing themselves from very brief. enemy. Tehran and future Indian multilateral The Senator stated it well. And I Look what we are doing. We are deal- nonproliferation cooperation. Some ex- don’t like to argue with my friend from ing with a country that we sanctioned

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It went out distinguished Senator from Missouri. have permanent interests, and our in- and it broke the deal and it did what Mr. BOND. Mr. President, I thank the terests are that we have support in the India did. On top of that, Pakistan was distinguished chairman. Let me sum- war against jihadists and al-Qaida and the largest proliferator in the history marize by saying I visited Delhi in terrorist organizations, we are cooper- of the world of nuclear capability March right after the President had ating with a country we otherwise through A.Q. Khan. And guess what. signed the historic agreements. I walked into a meeting of distinguished probably would not cooperate with. We are going to bite our nose off to How would we feel if a European spite our face. Now that we need Paki- Indian officials asking if we could pos- country or any other country around stan in dealing with this war on terror, sibly confirm this treaty, this agree- the world said—or India said—we will we are going to sanction Pakistan, we ment. I knew nothing about it, so I did a not trade with you, the United States are not going to cooperate with Paki- tremendous amount of quick work with of America, as long as you continue to stan, we are going to do nothing with our agency to check out what the dan- have a military-to-military relation- Pakistan even though we acknowledge gers might be. They came back and ship with Pakistan, a country that is, that might give greater sustenance to they told me India was the one most in fact, exporting—or if they are not al-Qaida, bin Laden, the Taliban, et least likely to engage in nuclear pro- exporting, at least cooperating with or cetera. liferation. They saw this as a tremen- turning a blind eye to the terrorist or- Countries make hard choices. They dous opportunity for us to improve on ganizations that reside within their are not neat and clean. I suggest if we our relations with a country that had country? We would say, Wait a minute. are going to impose upon India a re- for too long been in the Soviet/Russian You want to trade with us, trade with quirement to cease and desist with any military-to-military relationships not- sphere. us. You want to tell us whether out of We have an opportunity to help withstanding they have common en- our self-interest we can cooperate with them. They are a growing country. emies and common concerns with Iran, Pakistan—which is not what you call a They have many needs. Civil nuclear as bad as Iran is, notwithstanding the model democracy—then we would say power is the one most important thing fact that there is no evidence that they no. they need because of their tremendous The only generic point I want to are promoting and/or giving the ability pollution problems. This enables us to make, I know of no evidence—it may to support terrorism’s greater thrust, help them reduce pollution. Not only exist, but I am unaware of it—where notwithstanding the fact they have are we interested in nuclear non- India is materially cooperating with agreed to do everything they can to proliferation, we are interested in pol- Iran in order for Iran to be able to bet- prevent Iran from becoming a nuclear lution nonproliferation. This moves us ter supply, support, and/or encourage power, if we are going to sanction them forward. terrorism. I know of no such interest this way, I ask the rhetorical question: Beyond that, securing a close rela- and no such circumstance. Maybe my Why wouldn’t the rest of the world tionship with India is one of our most friend may know what I do not. She sanction us for our relationship with important steps toward developing a may have gotten a recent briefing with Pakistan. And why are we cooperating peaceful environment and prosperity in the Intelligence Committee where with Pakistan? If anybody in the deal south Asia. This opportunity cannot be somebody said that, but I am unaware is not the ideal partner right now, it is wasted. of any such cooperation that has the Pakistan. This particular amendment, as has net effect of promoting terror. But what do we do? To steal a phrase been stated, which is well-intentioned What I do know is we have built into from a former President that I often and reflects understandable concerns, the law now the ability to sanction hear, comments we hear on CNN all the is, nevertheless, a poison pill. Many India if, in fact, India does supply le- time, his comment always is ‘‘you got countries have relations with Iran. We thal weapons or was in any way cooper- to accept life in the world as you find do not like them. But many of those ating with promoting Iran’s nuclear it.’’ I am paraphrasing a former Presi- countries with which we have good program. Beyond that, it would break dent. I think it is close to a quote. We working relationships don’t like our re- the spirit of the entire agreement we have to accept the world as we find it, lations with Israel. We are not going to have with India. If it came to light make the best out of it, and promote change our relations with Israel. We that somehow there was evidence that our interest to the greatest extent. are not going to stop helping them. But India was in any way cooperating with Sometimes it means we make less than we are going to continue to work with Iran’s nuclear program, this deal is perfect deals. those countries. done. This is over. It is finished. It is Had Chairman LUGAR been President As the Senator from Delaware has gone. Lugar, had Senator BOXER been Sen- pointed out, we have relations with At the root of this overall agreement, ator BOXER, had I been their Secretary Pakistan and there are lots of ques- which my colleague, understandably, of State, I believe I could have gotten tions about that. If we want to work does not like, the underlying issue here a better deal than we got. But the fact with the Indians and develop a good re- is this agreement between India and is, we are where we are, as the old lationship so they will not deal with the United States. The underlying trade expression goes, and I believe the Iran, the best thing we can do is to de- premise is based upon a notion of a ma- downside of rejecting this treaty is so feat these poison pill amendments and turing relationship based on trust that much further down than any downside confirm the treaty so we will bring they will not only not violate the let- that flows from supporting this India and the United States together. ter but will not violate the spirit of changed law allowing this to go for- I urge my colleagues to oppose the this agreement. ward. In that sense, it is not a close amendments and to support the treaty. Let me conclude by saying what the call. I yield the floor. spirit of the agreement is. The spirit of I suggest to my friend, I think every- Mrs. BOXER. How much time do I the agreement is we are not going to do thing she says has merit in the ab- have remaining? anything, United States of America, stract. But we are living in the world The PRESIDING OFFICER. Six min- that we would not otherwise be able to we live in now based on the parameters utes. do; we will not do anything with what we are looking at. I think this amend- Mrs. BOXER. I will try not to take you provide for us that will increase ment, which would kill the agreement, the full time, but I want to respond to our capacity, our ability, our desire, or is not worth the candle because it my colleagues. our intent to deal with our nuclear pro- would do that—not because it doesn’t The debate has been much ado about gram. have underlying merit. a very straightforward and simple

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.095 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11020 CONGRESSIONAL RECORD — SENATE November 16, 2006 amendment. My amendment has noth- The PRESIDING OFFICER. The Sen- President cannot certify it is not pos- ing to do with the transfer of lethal ator is correct. sible. That is what ‘‘cannot’’ says. But weapons. My colleague Senator BIDEN Mr. LUGAR. Further, I would ask the he can certify to the best of his knowl- talked about that. Nothing to do with Chair for clarification: Does the 2- edge it is not occurring. That is what that. My amendment, in the real world, minute debate then occur on the Boxer we require. ‘‘Cannot’’ makes this a I don’t believe could be seen as a killer amendment, after the rollcall vote on deal-breaker. No President could cer- amendment. It is a simple amendment. Feingold? tify it. ‘‘Cannot’’ translates into ‘‘it is My colleague Senator BOND is right. The PRESIDING OFFICER. The Sen- not possible to replicate, it is not pos- He says a lot of other countries have ator is correct. sible to . . . ,’’ and no one can certify relationships with Iran. No other coun- Mr. LUGAR. Then, finally, an addi- to that. try gets a deal like this where we give tional 2-minute debate before final pas- Mr. President, I yield the floor. nuclear technology and there is abso- sage of the bill, after the Boxer amend- The PRESIDING OFFICER. The lutely no control on the number of ment is voted on? question is on agreeing to the amend- bombs India could build. Experts tell The PRESIDING OFFICER. The Sen- ment. us it could be as many as 50 a year. I ator is correct. Mr. LUGAR. Mr. President, I ask for don’t think that makes the world safer. Mr. LUGAR. I thank the Chair for the yeas and nays. The PRESIDING OFFICER. Is there a But to help me with this treaty, to that clarification. sufficient second? There appears to be give my constituents a feeling that we Mr. President, I ask unanimous con- a sufficient second. are protecting them, at the least, say sent that—the first rollcall vote, we understand, is 15 minutes—the subse- The clerk will please call the roll. you are getting this deal, you are going The legislative clerk called the roll. quent rollcall votes be 10 minutes each. to be able to build a lot of weapons Mr. MCCONNELL. The following Sen- with it, then cut off your military-to- The PRESIDING OFFICER (Mr. ators were necessarily absent: the Sen- ALLEN). Without objection, it is so or- military ties with the leading terrorist ator from Oklahoma (Mr. INHOFE), the dered. nation in the world—Iran—a nation Senator from Arizona (Mr. MCCAIN) that is at this very moment hurting Mr. LUGAR. I thank the Chair. and the Senator from Wyoming (Mr. Senator FEINGOLD is now recognized. our troops in the field in Iraq. THOMAS). Now, my colleague Senator BIDEN, I The PRESIDING OFFICER. The Sen- Mr. DURBIN. I announce that the ator from Wisconsin. agree with completely when he says— Senator from Vermont (Mr. JEFFORDS) and I do believe this—Senator LUGAR, AMENDMENT NO. 5183 is necessarily absent. if President, would have cut a better Mr. FEINGOLD. Mr. President, I The PRESIDING OFFICER. Are there deal. I could say Senator BIDEN, if would like to briefly recap what my any other Senators in the Chamber de- President, could have cut a better deal, amendment does and why I believe it is siring to vote? but we don’t have a better deal. And I important for the Senate to adopt it. The result was announced—yeas 25, don’t live in a world where you sit back The amendment is very simple. It nays 71, as follows: and say, oh, too bad. This isn’t about will require the President to make de- [Rollcall Vote No. 268 Leg.] buying a piece of cake. We are not terminations that nothing in the nu- YEAS—25 going to the store and buying a toy. It clear cooperation agreement he nego- Akaka Dorgan Lincoln is about giving nuclear technology to a tiates with India will contribute to In- Bingaman Durbin Menendez country that has, in fact, been called dia’s nuclear weapons program. Both Boxer Feingold Mikulski the United States and India have stat- Byrd Feinstein Obama out by our own country because it has Cantwell Harkin Pryor in the past transferred information ed that expanding India’s nuclear arse- Clinton Johnson Reed about WMDs, nuclear weapons, mis- nal is not an objective of this agree- Conrad Kennedy Salazar ment, and my amendment simply Dayton Lautenberg siles, to Iran. We have called them out Dodd Leahy on that. So why can’t we ask them sim- makes those claims binding. ply to stop these military-to-military The United States is prohibited NAYS—71 programs they have with Iran? under our current obligations in the Alexander Dole Murray Nuclear Non-Proliferation Treaty to Allard Domenici Nelson (FL) Again, when we stand up and say, Allen Ensign Nelson (NE) gosh, this is a killer amendment, they directly or indirectly assist the nuclear Baucus Enzi Reid will walk away, it sounds weak to me. weapons programs of other states. My Bayh Frist Roberts It does not sound as though we are the amendment simply makes clear that Bennett Graham Rockefeller Biden Grassley strongest nation in the world. Who the United States is actually abiding Santorum Bond Gregg Sarbanes would walk away from this deal? India by its international commitments. It Brownback Hagel Schumer Bunning Hatch is not a member of the NPT, not a sig- does not require the President to guar- Sessions Burns Hutchison Shelby natory, and they are getting all this in- antee what India will do; he simply Burr Inouye Smith formation from the United States of must certify that he is satisfied the Carper Isakson agreement will not contribute to In- Chafee Kerry Snowe America on nuclear civilian tech- Specter nology, with no cap on the number of dia’s nuclear weapons program. Chambliss Kohl Coburn Kyl Stabenow bombs they can build, and they are I urge my colleagues to support the Cochran Landrieu Stevens going to walk away from this because amendment. Coleman Levin Sununu we simply ask them not to have mili- The PRESIDING OFFICER. The Sen- Collins Lieberman Talent ator from Delaware. Cornyn Lott Thune tary-to-military cooperation with the Craig Lugar Vitter world’s leading sponsor of terrorism? Mr. BIDEN. Mr. President, let me, in Crapo Martinez Voinovich I don’t get it. So I think my col- brief response, say I understand the in- DeMint McConnell Warner leagues have made this complicated tent of the amendment. But the DeWine Murkowski Wyden when it is really very simple. We do amendment uses the words, for exam- NOT VOTING—4 this deal with India, the least they can ple, ‘‘India cannot use United States- Inhofe McCain do is cut off their military-to-military origin equipment . . . ,’’ ‘‘India cannot Jeffords Thomas cooperation with Iran. replicate and subsequently use. . . .’’ The amendment (No. 5183) was re- With that, Mr. President, I conclude No one can certify they cannot. It is jected. my remarks. I yield back the remain- possible they could. The question is Mr. LUGAR. I move to reconsider the der of my time. whether we are insisting that they not vote, and I move to lay that motion on The PRESIDING OFFICER. The Sen- use it. We are insisting they are not the table. ator from Indiana. using it, and we have built into this The motion to lay on the table was Mr. LUGAR. Mr. President, I would agreement a requirement on the part of agreed to. inquire of the Chair if the existing the administration to look at whether AMENDMENT NO. 5187 order now calls for a 2-minute debate they are, in fact, doing it. The PRESIDING OFFICER. There is on the Feingold amendment prior to a So the question is not whether they now 2 minutes equally divided on the rollcall vote on that amendment? can or cannot. Anything can happen. A Boxer amendment.

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.096 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11021 The Senator from California. Dayton Kyl Reid clarify a couple matters concerning Mrs. BOXER. Mr. President, I will be DeWine Lautenberg Salazar this legislation. Is it the managers’ be- Dorgan Leahy Santorum very brief. We are giving India a one- Durbin Lincoln Schumer lief that section 129 of the Atomic En- of-a-kind deal that no one else gets: ci- Ensign Menendez Smith ergy Act, AEA, will apply prospec- vilian nuclear technology and no cap Feingold Mikulski Snowe tively to India—aside from the sections Feinstein Murray on the number of bombs they can build. Specter of the AEA that are explicitly amended Harkin Nelson (FL) Stabenow Johnson Obama The least we can do is ask them to Wyden by S. 3709? cut off their military ties with the big- Kennedy Pryor Mr. LUGAR. Mr. President, the Sen- gest state sponsor of terrorism—Iran. NAYS—59 ator is correct. Under our bill, the full Iran is building the IEDs that are kill- Alexander DeMint Lugar force of section 129 would apply to any ing our soldiers in Iraq. The least we Allard Dodd Martinez Indian detonation of a nuclear explo- can do is ask the President to certify Allen Dole McCain sive device, any termination or abroga- Baucus Domenici McConnell tion of IAEA safeguards by India, and that they have cut off military-to-mili- Bayh Enzi Murkowski tary relationships with Iran. Bennett Frist Nelson (NE) material violation of IAEA safeguards Why is it important? Look at this Biden Graham Reed by India, all would result under section Bond Grassley Roberts 129 in the termination of nuclear ex- Defense News: ‘‘Indian Navy Trains Brownback Gregg Rockefeller Iranian Sailors.’’ Bunning Hagel ports to India. Sarbanes Burns Hatch Mr. OBAMA. On a related note, is it We know they have these ties. If we Sessions Burr Hutchison the chairman’s interpretation of the really believe we are doing something Carper Inouye Shelby good, we should at least expect India to Chafee Isakson Stevens legislation that, in the event of a fu- cut off military ties with the leading Chambliss Kerry Sununu ture nuclear test by the Government of state sponsor of terrorism—Iran. I urge Coburn Kohl Talent India, nuclear power reactor fuel and Cochran Landrieu Thune equipment sales, and nuclear tech- an ‘‘aye’’ vote. Cornyn Levin Vitter The PRESIDING OFFICER. The Sen- Craig Lieberman Voinovich nology cooperation would terminate; ator from Indiana. Crapo Lott Warner other elements of the United States- Mr. LUGAR. Mr. President, Iran is a NOT VOTING—3 India nuclear agreement would likely terminate; and the United States critical challenge to the United States, Inhofe Jeffords Thomas would have the right to demand the re- our diplomacy, our global security, but The amendment (No. 5187) was re- in this very difficult environment the turn of nuclear supplies? jected. Mr. LUGAR. Yes, under our bill, the United States must cultivate a strong Mr. LUGAR. Mr. President, I move to multilateral response to Iran’s pursuit only requirement which is waived is reconsider the vote, and I move to lay that in section 123.a(2) of the Atomic of nuclear weapons in support of ter- that motion on the table. Energy Act of 1954, for full-scope safe- rorism. The motion to lay on the table was guards. India’s 123 agreement would I simply point out that India was the agreed to. still have to meet the requirement of only member of the nonaligned move- NONPROLIFERATION CONSEQUENCES section 123.a(4), which requires that in ment to vote for referral of Iran to the Mr. OBAMA. Mr. President, I rise the event of a test by India of a nuclear U.N. Security Council for its illegal nu- today to express my support for the explosive device the United States clear program. Holding India to a dif- United States-India Peaceful Atomic shall have the right to request the re- ferent standard than all of our other Energy Cooperation Act, S. 3709. As I turn of supplies as you have stipulated. closest allies or nations with whom we have said before, I believe strength- Mr. OBAMA. I offered an amendment engage in nuclear commerce does not ening the relationship between our two that the managers have already accept- appear to be a good way to secure their nations is an important strategic goal ed pertaining to the supply of nuclear support. and this legislation helps us take a dra- power reactor fuel in safeguarded, ci- Let me be very clear: If this amend- matic step in this direction. vilian nuclear facilities. To further ment is adopted, the India nuclear However, like many of my col- clarify this issue, is it the managers’ agreement is kaput. This is it. This is leagues, I have concerns with potential understanding that provision of a fuel a killer amendment, and I ask for Sen- nonproliferation consequences of this to the Government of India should be ators to vote no. agreement. Much to my disappoint- sized in a way to maintain a deterrent Mrs. BOXER. Mr. President, I ask for ment, the administration has done to Indian nuclear testing, while also the yeas and nays. very little to address these concerns, instead, sending draft legislation to the providing protections against short- The PRESIDING OFFICER. Is there a term fluctuations in the supply of nu- sufficient second? Congress that was essentially a blank check. clear fuel? In other words, is it your There appears to be a sufficient sec- understanding that providing a fuel re- ond. The managers of the bill, Senators LUGAR and BIDEN, have done a tremen- serve to India is not intended to facili- The question is on agreeing to dous job taking the administration’s tate a resumption in nuclear testing? amendment No. 5187. The clerk will proposal and shaping it into meaning- Mr. LUGAR. Yes, that is our under- call the roll. ful, bipartisan legislation. The bill now standing. The assistant legislative clerk called before the Senate helps move us closer Mr. OBAMA. Does the chairman be- the roll. to India while addressing some key lieve that, as this agreement moves Mr. MCCONNELL. The following Sen- nonproliferation issues. forward to the Nuclear Suppliers ators were necessarily absent: the Sen- However, I remain concerned about Group, NSG, the United States should ator from Oklahoma (Mr. INHOFE) and the issue of nuclear testing. A decision work to ensure that other nations pro- the Senator from Wyoming (Mr. THOM- by the Indian Government to conduct vide nuclear power reactor fuel in a AS). such a test could trigger an arms race similar fashion? Mr. DURBIN. I announce that the in South Asia that would be extremely Mr. LUGAR. Yes, I hope that would Senator from Vermont (Mr. JEFFORDS) dangerous and destabilizing. be the case. is necessarily absent. The good news is that the joint state- Mr. OBAMA. Finally, would the man- The PRESIDING OFFICER. Are there ment between President Bush and agers agree that section 105 of S. 3709 any other Senators in the Chamber de- Prime Minister Singh of July 18, 2005 requires that the President determine, siring to vote? declared that India’s unilateral mora- prior to exercising the waivers in sec- The result was announced—yeas 38, torium on nuclear testing will con- tion 104, that ‘‘an agreement between nays 59, as follows: tinue. I take Prime Minister Singh at India and the IAEA requiring the appli- [Rollcall Vote No. 269 Leg.] his word, but also believe in following cation of safeguards in perpetuity in YEAS—38 President Reagan’s mantra of ‘‘trust accordance with IAEA standards, prin- ciples, and practices to civil nuclear fa- Akaka Byrd Coleman but verify.’’ Bingaman Cantwell Collins To this end, I am wondering if the cilities, programs, and materials . . . Boxer Clinton Conrad chairman will take a few moments to has entered into force,’’ and that the

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.098 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11022 CONGRESSIONAL RECORD — SENATE November 16, 2006 most logical approach, as U.S. officials need to be modified or adapted to fit Additionally, despite India’s stated have stated for the record, would be to current times, and that we need to find commitment to conclude an inter- use the IAEA INFCIRC/66, Rev. 2 agree- a way to address India. national agreement to cut off the pro- ment as the model for India’s safe- However, we need to recognize that duction of fissile material—the essen- guards agreement? commitments under the NPT made by tial component for making nuclear Mr. LUGAR. My understanding is virtually every nonnuclear state play weapons—there is no timeframe for that the administration, the IAEA, and an essential role in assisting the inter- concluding such an agreement, nor is participating governments in the NSG national community in keeping a there any binding commitment for have all stated that they would prefer check on their nuclear programs. And, India to do so. United States, Russia, that any new Indian safeguards agree- before we make significant changes to Great Britain, and France have agreed ment be modeled on INFCIRC/66 Rev. 2. the nonproliferation regime, we must to a fissile material production cut-off Mr. OBAMA. I thank the managers. be absolutely confident that we are for nuclear weapons, and India should Mr. KENNEDY. Mr. President, I in- doing more good than harm and that as well. So we will knowingly permit a tend to oppose this legislation. we will be more likely not less likely country to benefit from civilian nu- One of the many lessons of the trag- to limit the spread of nuclear weapons clear energy cooperation and maintain edy of September 11 is that America’s across the globe. I do not believe that an active, unsafeguarded program to overarching national security interest running roughshod over these agree- construct, develop, and build nuclear is keeping nuclear material and weap- ments by carving out an exception for weapons. ons out of the hands of terrorists. India is the way to achieve these goals. If we provide India with the benefits Nothing is more important for our na- General Brent Scowcroft cautioned of nuclear nonproliferation agreements tional security than achieving this that, ‘‘I am concerned about a trend without requiring them to sign the goal. that we see reflected in the United NPT nuclear agreement or, at least, The international nuclear non- States-India nuclear deal where we try cease the production of fissile material proliferation regime flawed though it to address proliferation risks by assess- for nuclear weapons, there would be may be is our best hope of achieving ing the character of regimes and gov- significant and harmful consequences this goal. While I believe America has ernments. Such an approach also opens for our global nonproliferation efforts. It will embolden Iran to flout the will a clear interest in strengthening our up divisions among the world’s nuclear of the international community. There relationship with India, I do not be- powers, with each making a list of could not be a worse moment to give lieve it can, or should, be achieved by ‘‘friends’’ who can be trusted with nu- India the green light to build weapons sidestepping nearly half a century of clear technology and ‘foes’ who are with the blessing of the United States international nonproliferation agree- dangerous risks.’’ and the international community. The ments. In the long run, doing so will Further, Robert Gallucci, the Dean of Iranians see a clear double standard. make America and the world more vul- ’s School of For- As Iran’s national security adviser said nerable to the perils of nuclear weap- eign Service, pointed out that, if we do in March, ‘‘The United States is impos- ons. approve this arrangement with India, ing a contradictory theory of dual One of the defining goals of my years ‘‘we will put at risk a world of very few standards: though our NPT member- in the Senate has been to support the nuclear weapon states, and open the ship entitles us to access to nuclear important advances made by our coun- door to the true proliferation of nu- science and technology, it claims that try and the international community clear weapons in the years ahead.’’ we will never have that right, whereas Certainly, there are some advantages in limiting the perils of nuclear weap- it cooperates with India, which does to the nonproliferation regime under ons across the globe. have the bomb but is not an NPT mem- President Kennedy considered the the proposed agreement. India would ber.’’ The Iranians will undoubtedly Limited Test Ban Treaty, which rep- place a majority of its current and fu- use the double standard of India in resented an early and historic advance ture civilian reactors under inter- Iran’s efforts to break the will of the in nuclear nonproliferation, as one of national safeguards. India has agreed international community to achieve its his greatest accomplishments. On sign- to abide by the guidelines of the Nu- nuclear aims. ing the documents of ratification on clear Suppliers Group, and to abide by Former Senator Sam Nunn stated October 7, 1963, President Kennedy the Missile Technology Control Re- that ‘‘the U.S. India deal will likely said, ‘‘This small step toward safety gime. India has agreed not to test an- make it more difficult to get other na- can be followed by others longer and other nuclear device and has indicated tions to join us in stopping threatening less limited, if also harder in the tak- that it will work with the United nuclear programs in Iran and North ing. With our courage and under- States on concluding an international Korea.’’ Similarly, Zbigniew standing enlarged by this achievement, regime to stop the production of fissile Brzezinski, points out that this deal let us press onward in quest of man’s material for nuclear weapons. These ‘‘will complicate the quest for a con- essential desire for peace.’’ are definitely positive steps. structive resolution of the Iranian nu- Since that agreement, further However, India will not sign the Nu- clear problem.’’ progress was made with the Nuclear clear NonProliferation Treaty and sub- Furthermore, this agreement will put Non-Proliferation Treaty, NPT, the ject its military facilities to inter- the United States in the position of in- SALT and START agreements, as well national inspection, and this remains a directly supporting an arms race in as the Comprehensive Test Ban Treaty. major concern. Until now, as part of an South Asia. If the Indians or the ad- These agreements although far from effort to limit the spread of nuclear ministration could assure us that India perfect are essential to limiting the weapons across the globe, international had agreed, like the United States, spread and use of nuclear weapons. arms control agreements and U.S. law Russia, Great Britain, and France, to a They are the bedrock of our effort to have required full international safe- fissile material production cut-off for ensure that the world will never, ever guards on civilian and military reac- nuclear weapons, the concern would di- again know the horrors of the use of tors before civilian nuclear energy minish. We know that India currently nuclear weapons. They took years to could be provided. These requirements has very limited uranium resources, negotiate and implement, and we must exist to ensure that by assisting a which it now must dedicate to gener- be exceedingly careful about disman- country’s civilian program, we are not ating electric power. It is so short of tling or carving out exceptions to them freeing up supplies for an uranium that it can only run its reac- for any country. unsafeguarded nuclear weapons pro- tors at about two-thirds capacity. But Supporters of this agreement argue gram. Under this agreement, however, that will change once India gains ac- that the international nonproliferation none of India’s military reactors would cess to foreign uranium supplies for its regime has not proved successful in be put under international safeguards, civilian uses. The agreement would every case—just look at Iran and North but it would receive civilian nuclear provide India with sufficient uranium Korea. And I accept the premise of the energy anyway. In other words, India to supply its civilian reactors, freeing administration’s argument that the will obtain the benefits of the NPT, up domestic supplies for military pur- international arms control regime may without the obligations required by it. poses. Former Senator Sam Nunn

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Some experts estimate that India there were a disruption of uranium We are also working closely with could increase production from a hand- supplies to India, such as in result of India on public health threats, includ- ful of weapons a year to 50 or more, if India testing another device, that ‘‘the ing HIV/AIDS and avian influenza. it could use its domestic production for United States and India would jointly Our relationship is strong today and its weapons program. How will China convene a group of friendly supplier will continue to grow. These ties can and Pakistan react to India’s increas- countries, Russia, France and the and should continue to grow regardless ing nuclear stockpile, as well as to the United Kingdom, aimed at restoring of this agreement because it is in the enhanced potential to produce fissile fuel supplies to India.’’ This certainly interests of both of our countries. material as a result of this new co- should raise alarm bells. I know Sen- But we need to be realistic about the operation? India states it only wants to ator OBAMA has tried to address that foreign policy benefits of this agree- build up its nuclear arsenal to the problem with his amendment to the ment. ‘‘minimum credible deterrence’’ level Senate bill, but all should be asking Naturally, we want the Indian Gov- before it stops building nuclear weap- whether we should open the inter- ernment to work with the United ons, but we don’t really know what national spigot if we are uncertain States to advance our foreign policy India is likely to do. How many more about whether we can shut it off. objectives. But we need to be realistic weapons will it need to reach that min- Much has been made of the foreign enough to know that India will follow imum credible deterrence? 50? 100? 500? policy benefit to America of this agree- a foreign policy that suits its interest. Will Pakistan and China respond by ment, but I reject fully—the notion We should not and cannot expect India building more weapons, too? Will the that America’s relationship with India to pursue a policy that diverges from mad race for nuclear arms take on a or the Indian American community— its national interests or not to pursue life of its own, continuing to escalate can or should be defined by this vote. a policy that is in its national inter- with reckless abandon? The United States and India have a ests. And what will happen with our other multitude of ties, which are growing Fortunately, India’s national inter- allies who are members of the non- ever closer, ever stronger. In the last ests converge with ours on the vital na- proliferation regime? There is no doubt decade we have seen a dramatic im- tional security issues. Neither country that the Nuclear Nonproliferation provement in bilateral relations. wants to see Iran acquire nuclear weap- Treaty has played an essential role in India and America are the two larg- ons and both are profoundly concerned the decisions of countries such as est democracies in the world. We share by the terrorist threats. The tragic South Africa, Brazil, Argentina, and deeply held, common values, including bombing in Mumbai in July where South Korea all allies of the United respect for human rights, the rule of more than 200 people were killed by States—to stop pursuing their own nu- law, promoting peace, and prosperity terrorists underscored to Indians that clear weapons programs. But if we in the world. terrorism is a real and present danger. allow India to build nuclear weapons My family and I have long had an in- But we would be fooling ourselves if and enjoy civilian nuclear cooperation, terest in India. My brothers—John and we thought that concluding a nuclear will other U.S. friends and other coun- Bobby visited in 1951, and I am a friend cooperative agreement with India will tries in the future follow India’s lead of India. I work closely with the In- make it adopt policies regarding China, and demand the same? If we argue that dian-American community to address Iran, or others in the region or the the decision about India was based on hate crimes, immigration, and other world that are contrary to its national trust, how on Earth will we be able to issues that affect their daily lives. interest. argue otherwise with these allies? They President Kennedy was right when he Conversely, not concluding an agree- will accuse us rightly of having a dou- characterized India as a ‘‘great and ment will not mean that India will for- ble standard. I think we can all agree vital hope of democracy in Asia.’’ He sake its national interests to spite the that the fewer the countries with nu- rightfully exclaimed that ‘‘no thought- United States. India will not confront clear weapons the better for U.S. na- ful citizen’’ could fail to recognize that China or Iran or any other country tional security, even if those aspiring India was a great and vital hope of de- merely because the United States asks countries are friendly toward the mocracy in Asia. it to do so. India will do so only if it is United States. Today, India is the world’s largest in India’s national interests. This is President Jimmy Carter said in democracy and soon will be the world’s independent of whether or not there is March that ‘‘there is no doubt that largest country. It has one of the fast- nuclear cooperation in place. condoning avoidance of the NPT en- est growing economies and plays a Further, many have suggested that courages the spread of nuclear weap- leading role in global affairs. the U.S. nuclear industry will benefit onry. Japan, Brazil, Indonesia, South The United States and India are from this agreement with increased re- Africa, Argentina and many other seeking to improve trade and invest- actor sales to India. However, this is technologically advanced nations have ment ties. We are cooperating in key not the case. Neither the United States chosen to abide by the NPT to gain ac- areas such as agriculture, technology, nor India has ratified an international cess to foreign nuclear technology. energy, and the environment. India’s agreement to limit the civil liability Why should they adhere to self-re- green revolution came from America for nuclear reactors. straint if India rejects the same and proved essential to ending massive Until both nations agree to limit the terms.’’ starvation in India. Today, our coun- liability, the U.S. nuclear industry will And what will happen to the inter- tries are cooperating on the next green be hesitant to sell reactors to India. national supply of material to India if revolution, to increase agricultural However, France and Russia have no it does test another weapon? While I productivity and to help the environ- such hesitations. Both have state- am reasonably confident that the ment. owned nuclear industries, so it is much United States would terminate sup- Defense cooperation is increasing. less likely that victims of a nuclear re- plying nuclear materials and tech- Our militaries are conducting more actor failure would be able to success- nology to India, there is a question joint exercises, India is purchasing fully sue for damages. whether the international regime par- more U.S. counterterrorism and de- As we have seen at Three Mile Island, ticularly the Nuclear Suppliers Group fense equipment, and in June 2005, the Chernobyl, and Bhopal, the liability ex- would cease cooperation. Once the door United States and India signed a 10- posure for such accidents can be over- to cooperation is opened to India, it year defense pact. whelming, resulting in thousands of may be difficult to get other countries India, in recent years, has been the deaths and radiation exposure for mil- to agree to shut it again. The Indian leader in sending students to study in lions of people. Understandably, the press has suggested that if India tests the United States. Cultural links— U.S. nuclear industry is reluctant to

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I believe that the limited. bate on the India Agreement for Civil United States should do all that it can If we support this agreement without Nuclear Cooperation. to assist India and further strengthen accompanying limitations on liability, On July 18, 2005, President Bush and the partnership between the two coun- we open the door for the French and Indian Prime Minister Manmohan tries. the Russians to sell nuclear reactors to Singh signed an agreement to resume However, this agreement does raise India but not for our own industry. full civilian nuclear cooperation for significant concerns. I believe that pro- I also do not believe this is an issue the first time since India conducted its liferation of nuclear material is the the Congress should be voting on now. initial nuclear test in 1974. Such an greatest threat facing our country President Bush is asking us to trust agreement will require changes to U.S. today. North Korea recently conducted him that the risks of this agreement law and accommodations with the its first nuclear test. Iran seems intent will not materialize and that addi- international community. on pursuing a nuclear program. Even tional benefits will follow—especially The Atomic Energy Act of 1954 efforts to reduce the overall size of the that India will cease fissile material assures the proper management of U.S. and Russian nuclear weapons production as a result of a new treaty. source, special nuclear, and byproduct stockpiles have stalled. While there But with so many details unresolved material. Several sections of the AEA has been some small progress in reduc- and much up in the air, I see a vote for are at issue in this agreement, so I ing the number of deployed nuclear this legislation, which will perma- would like to take a moment to explain warheads there has been no progress in nently change U.S. law, as giving the the pertinent provisions. reducing the overall size of the U.S. nu- administration a blank check in con- Section 123 of the AEA limits the clear weapons stockpile. There is great cluding the negotiations with India on ability of the United States to enter concern, therefore, that this agreement a nuclear cooperation agreement and into agreements with nonweapons strikes a blow to what remains of the with the terms of safeguard agree- states unless the agreement meets a international nuclear nonproliferation ments with the International Atomic minimum of nine criteria, including a regime. Energy Agency and revisions to the requirement that the recipient country I, too, would share that concern, if Nuclear Suppliers Group’s guidelines. has in place an agreement with the the Senate had adopted the bill the ad- Nuclear nonproliferation is too im- International Atomic Energy Agency, ministration proposed. However, I be- portant to our national security to IAEA, to safeguard in perpetuity nu- lieve that the Foreign Relations Com- take unnecessary risks. We should wait clear material, equipment, and tech- mittee, under the leadership of Sen- until the whole package has been nego- nology so that it will not be diverted UGAR and BIDEN, who are cer- tiated and until we have better answers ators L for weapons use. This type of agree- to the questions I have raised about tainly experts on these matters, have the implications of this agreement be- ment is known as a ‘‘full-scope safe- crafted a bill which, I believe, has suffi- fore we take this step; for once we take guards’’ agreement. A 123 Agreement is cient safeguards. I think that they are the step of carving up the international the precursor to any export license for trying to adapt the nonproliferation re- nonproliferation regime, it is no easy the nuclear materials, equipment and gime, not destroy it. First, section 105 of this bill sets out matter to return if we find out we have technology. Section 128 requires that any export a series of determinations the Presi- erred. This genie cannot be put back in dent must make in writing when he the bottle. license for nuclear materials, tech- I am particularly concerned that un- nology or equipment contain a require- submits the 123 Agreement. I believe pleasant answers will come out after ment that the recipient nonnuclear these determinations will both provide we have voted on the legislation. In an weapons state maintain IAEA safe- a reasonable equivalent of full-scope action that was eerily reminiscent of guards. safeguards and address several other the White House’s decision to withhold Section 129 of the AEA requires that concerns with respect to the Indian nu- until after the vote on the Iraq war any 123 Agreement or export license be clear program, including concerns that North Korea’s admission about its nu- terminated if the nonnuclear weapons the agreement not facilitate or assist clear weapons program, the State De- state recipient detonates a nuclear ex- the Indian nuclear weapons program. partment delayed a report on prolifera- plosive device, terminates, abrogates, For the most part, the determinations tion with Iran until after the House or violates IAEA safeguards, or en- reflect what India has committed to do had already approved this agreement. gages in activities that support devel- in the July 2005 joint statement. It turned out that there were two In- opment of a nuclear explosive device. Probably the most important of the dian companies on that report. Fur- Section 129 would also prohibit en- determinations in section 105 is the ther, the administration kept quiet on trance into a section 123 Agreement fifth, which states, ‘‘India is working Pakistan’s constructing a nuclear reac- with any nonnuclear weapons state with the United States to conclude a tor that could be used in a regional that detonated a nuclear explosive de- multilateral treaty on the cessation of arms race, making India more likely to vice after 1978. the production of fissile materials.’’ ramp up its production of fissile mate- S. 3709, the bill we are considering This determination breathes new life rial, using the domestic production today, establishes a mechanism where- into efforts to achieve a Fissile Mate- freed up by this agreement. And, as we by the President may submit a 123 rials Cutoff Treaty, even driving the learned this week, Ambassador Agreement for civil nuclear coopera- United States back to the negotiating Negroponte has not yet provided an- tion with India, a nonweapons state table. Determination number 5 is the swers to the Foreign Relations Com- under the Nuclear Non-Proliferation one single element in this bill that mittee’s questions on India’s non- Treaty, to Congress for approval. How- could prevent further growth in India’s proliferation activities. ever, this bill would allow the Presi- nuclear weapons stockpile and could We have the time and we have the re- dent to waive certain requirements of lead to real reductions. In addition, sponsibility to get this right. Let’s be section 123, section 128, and portions of this certification may also work to sure of what we are getting ourselves section 129, as long as the President eliminate the impasse between India into. makes certain determinations that are and Pakistan whereby neither wants to If it can be shown with enough con- set out in the bill. be the first to adopt a Fissile Material fidence that India will take steps to be- India is the largest democracy in the Cutoff Treaty. come a full-fledged member of the non- world. Its economy is growing by 8 per- Section 106 of S. 3709 would prohibit proliferation community and has cent annually. Since the beginning of the export of equipment, materials and agreed to cut off production of fissile this century, United States-India rela- technologies related to uranium en- material, then I would certainly vote tions on issues from trade to defense richment, spent nuclear fuel reprocess- in favor of the cooperation agreement. have been growing stronger each year. ing, and the production of heavy water, Until then, I will be reserving my vote, The United States also benefits from a unless the user is a multinational facil- looking for answers, and waiting to see large Indian-American population. ity participating in IAEA approved re- the final agreement. Rhode Island is home to a vibrant In- actor fuel program or the President

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.076 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11025 ‘‘determines that the export or reex- Much more important is the sub- line 50,000 MW over the next 10 years in port will not improve India’s ability to stance of the 123 statement the Presi- order to meet demand. produce nuclear weapons or fissile ma- dent ultimately submits. I understand That is an incredible figure. If each terial for military uses.’’ On several oc- that this is an attempt to adapt the power plant has a capacity of 500 MW, casions administration witnesses clear- nonproliferation regime to a changing that is 100 new power plants. And they ly stated to the Foreign Relations world. I will carefully examine any 123 are going to build them with us or Committee that the U.S. would not Agreement to ensure that it ade- without us. provide such technologies to India. As quately addresses vital proliferation The question for us is: What kind of a result, it is not anticipated that the concerns. power plants will they build? From an presidential exemption will be used. But at this first step, I have hope environmental perspective, the only Section 107 of the bill requires a pro- that this agreement will lead to great- technology that is ready to go, today, gram, which would include end-use er cooperation on nonproliferation to provide large amounts of reliable monitoring conditions as appropriate, rather than less. With that hope, I will power without emitting noxious gases to maintain accountability with re- support S. 3709. into the air is nuclear power. spect to nuclear materials, equipment, Mr. ALEXANDER. Mr. President, I As new studies are emerging that In- and technology sold, leased and ex- am here to support the Lugar-Biden dia’s air pollution and China’s air pol- ported, or re-exported to India. This legislation that would implement lution is also our air pollution because provision would enhance confidence in changes in law necessary to secure our air pollution both deposits locally and India’s efforts to ensure separation of Nation’s civil-nuclear agreement with moves around the globe and that their its civilian and military nuclear pro- India. greenhouse gases cause just as much grams, facilities, materials and per- This is very important to our future global warming as our greenhouse sonnel and also further ensure U.S. for two reasons: No. 1, India is one of gases, then it is in our interest for compliance with Article I of the Nu- the great powers of the 21st century, India to build nuclear power plants clear Non-Proliferation Treaty. and this agreement represents an im- rather than more dirty coal power S. 3709 also requires the President to portant step toward a new strategic plants that emit sulfur and nitrogen provide the Senate Foreign Relations partnership between our two countries; and mercury and carbon. Committee and the House Inter- and No. 2, nuclear power is a source of Seventy-two percent of India’s elec- national Relations Committee with up- clean energy that is good for us, and it tricity needs are currently provided by dated information regarding India’s is good for India. coal-burning plants. Gas provides 12 compliance with nonproliferation com- As we look at the beginning of this percent; oil, 2 percent; nuclear, 3 per- mitments. Specifically, it would re- new century, we have witnessed the cent; hydro, 10 percent, and renew- quire the President to keep these com- emergence of three great powers or in- ables, 1 percent. mittees informed of any material vio- fluences in the world—three major This agreement won’t radically shift lation of India’s nuclear nonprolifera- shifts that will help define the many those numbers overnight, but each new tion commitments, the construction of years to come. nuclear powerplant is a powerplant any nuclear facilities in India, any sig- One is the rise of China. One is the that is not emitting noxious gases into nificant changes in India’s production emergence of a new political Islam. the air. It is one more powerplant that of nuclear weapons or fissile materials, And the third is the arrival of India as is not putting out sulfur or nitrogen or or changes in the purpose or status of a great power. India’s non-declared facilities. The bill I asked Secretary Rice about these mercury or even carbon. So, Mr. President, before us is legis- also requires the President to submit three new forces shaping the coming lation to implement the United States- an annual report on the implementa- century at the Foreign Relations Com- India Civil Nuclear Agreement. This is tion of civil nuclear commerce, India’s mittee hearing on the United States- compliance with its nonproliferation India Civil Nuclear Agreement, and she not an agreement about nuclear weap- commitments, and U.S. efforts and agreed with my assessment. ons—it is about cooperation for nuclear progress toward achieving India’s full And if you look at those three emerg- power. This is an agreement that puts participation in the Proliferation Secu- ing forces, one presents the greatest us on the path to a new strategic part- rity Initiative and adherence to the opportunity for us to be a partner, and nership with India—one of the three guidelines and policies of the Australia that one is India: India, the largest de- great rising forces in this new century. Group and the Wassenaar Arrange- mocracy in the world; India, where And this is an agreement that meets ment. English is an official language; India, energy needs while being good for the It is important that this bill would where the legal system, like ours, is de- environment. waive section 129 applicability for any scended from that of the British; and I am glad that we have taken this actions taken before July 18, 2005. If India, where a diverse ethnic and reli- matter up in a bipartisan manner and India detonated a nuclear device after gious population has joined together to look forward to its passage today. the date of enactment the waiver au- form one nation with a democratic gov- Mrs. CLINTON. Mr. President, today, thority would cease to be effective and ernment. India. the Senate has begun debate on S. 3709, the exports would be prohibited. I was fortunate to travel to India ear- the United States-India Peaceful Another vitally important provision lier this year with a group of Senators Atomic Energy Cooperation Act, which of S. 3709 is that it follows current law led by Senator ENZI. We went to look will help pave the way for our Nation and requires Congress to have a vote to at what India is doing to improve its to assist India in fulfilling its energy approve any final 123 Agreement. The economic standing by improving its needs. I intend to vote in support of House bill also has an approval process, brainpower through better education this legislation. but it is not clear if that process re- and research and an emphasis on The United States and India are quires a vote. The administration had science and technology. And we saw a bound together by deep mutual respect proposed that a 123 Agreement with country that is rapidly advancing. and our common efforts to work to- India would only require congressional Both our President and this Con- wards a democratic, free, and secure notification and a waiting period. gress, in a bipartisan fashion, are show- world. As cochair of the Senate India Because of the provisions I have just ing real vision by recognizing that in Caucus, I have sought to strengthen discussed, I believe I can support this this new century there may be no more the ties that bind our two nations. bill. I would also note that passage of important two-country relationship The legislation that emerged from this bill is simply the first step on a than the one between the United the Senate Foreign Relations Com- long road. If this bill passes the Senate, States and India. mittee is a significant improvement it must be conferenced with the House And we share an important strategic over the implementing legislation put bill, which has different provisions. If interest: we are facing the same sort of forward by the administration in the conference report comes back with energy and environmental issues. In- March. The administration’s initial the Senate provisions weakened, or ab- dia’s needs are even more acute. proposal sought to undercut Congres- sent, I may be obligated to vote When I was there a few months ago, sional authority by asking us to effec- against that report. I was told that India hopes to bring on- tively approve an agreement before it

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.063 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11026 CONGRESSIONAL RECORD — SENATE November 16, 2006 had even been negotiated with India technological and commercial coopera- fect pending the entry into force of a and before India had reached its nu- tion with significant dividends for U.S. multilateral treaty. clear safeguards agreement with the companies. And it will bolster our stra- The advantage of this new format is International Atomic Energy Agency, tegic partnership with India in Asia that it allows for a smaller, more rel- IAEA. and beyond. evant grouping with a singular agenda I carefully followed the Senate For- It also opens the window for greater where the U.S. can immediately intro- eign Relations Committee’s consider- oversight over India’s civil nuclear pro- duce proposals it has already drafted ation of this agreement. Senator RICH- gram, drawing an important non-signa- for discussion. ARD LUGAR, the Foreign Relations tory to the Nonproliferation Treaty If we are to seriously address the nu- Committee chairman, and Senator JO- into the broader nonproliferation sys- clear challenges we face today, we need SEPH BIDEN, the Foreign Relations tem. This is a positive step for the U.S. to break the deadlock in Geneva, think Committee ranking member, are to be in controlling the spread of nuclear outside the box and focus on this issue commended for the seriousness with materials and weapons and gaining an like a laser beam. We simply cannot which they exercised their jurisdiction important ally in that fight. have countries churning out fissile ma- over this legislation. Because of the ef- But the flip side of this coin is that terial because it increases the chances forts of Chairman LUGAR and Ranking we are doing business with a non-nu- of it falling into the hands of terrorists Member BIDEN, the bill before us today clear weapon state as defined by the and the buildup of nuclear arsenals. is much improved. This legislation not NPT that does not have full-scope safe- In this bill, the Senate calls for the only retains congressional preroga- guards. President to make several determina- tives, but it also ensures that Congress In doing so, the U.S. has overstepped tions on whether India has taken cer- will not have to vote to approve a final domestic and international non-pro- tain steps before we can proceed with agreement until every single nation in liferation laws and norms. It has sent a an agreement. The Senate must also the Nuclear Suppliers Group. NSG, the signal that countries can pursue and set certain benchmarks for our own global regime given the charge for en- test nuclear weapons, as India did in government and ensure that it is up- suring the responsible trade of nuclear 1998, and wear out U.S. opposition. And holding its responsibilities as a global technology, has agreed to permit the it may trigger a low-level arms race leader and a nuclear weapon state. transfer of peaceful nuclear technology between India and Pakistan as India’s I can think of no better way of doing to India. By working through the NSG, uranium reserves are freed up for diver- this than calling for fresh and mean- we will help strengthen both that sion to its weapons program. ingful negotiations on halting fissile group, as well as the greater inter- Moreover, at a time when we are try- material production. Moving in this di- national nonproliferation regime that ing to roll back North Korea and Iran’s rection will strengthen the U.S.-India is center stage as we address the nuclear program, cutting a deal with nuclear deal and make it a catalyst for threats posed by the nuclear weapons India suggests that if you are on Amer- positive change in the nonproliferation programs of Iran and North Korea. ica’s side, you can keep your nuclear system. As India continues to grow stronger weapons. Such double standards are In the end, the goal should be a and to shoulder more of the respon- detrimental to America’s interests and strong U.S. India relationship and a sibilities that come with being a lead- image. nuclear deal that provides momentum ing nation in the world, we must con- What we ultimately need is not a toward strengthening the nuclear non- tinue to work towards greater coopera- country-specific approach to civil nu- proliferation system. tion with our Indian friends to deal clear cooperation but a criteria-spe- Mr. KERRY. Mr. President, last year with our common challenges in secu- cific one. India has agreed to meet President Bush and Indian Prime Min- rity, energy, economics, and health. I some of these criteria but not all. Its ister Manmohan Singh ushered in a hope that this agreement is just one nonproliferation record is infinitely new era of cooperation between the step on that journey that our coun- better than that of its neighbors, but United States and India on civilian nu- tries, and our people, are taking to- far from perfect. clear energy. President Bush promised gether. For now, the bill that is before the to seek the necessary changes in U.S. Mr. DODD. Mr. President, I rise Senate carves out an exception for laws and policies to allow full coopera- today in full support of S. 3709. The India. As I said earlier, I will vote for tion and commerce in this area. In re- passage of this bill and the ultimate this bill because I think our relation- turn, Prime Minister Singh has com- conclusion of the U.S.-India nuclear ship with India is critical. mitted India to specific steps strength- agreement will be instrumental in It is also important to highlight ening its adherence to various ele- bringing our countries closer together what should be one vital outgrowth of ments of the global nonproliferation after decades of estrangement. This this relationship: halting the global regime. This agreement marks a his- outcome is not just desirable but essen- production of fissile material that can toric milestone for U.S. relations with tial for U.S. national interests. be used in a nuclear device. India, one of our most important It is hard to overemphasize the im- S. 3709 calls for U.S.-Indian coopera- friends, a natural ally, and a country portance of India’s role in the world tion in pursuit of a multilateral fissile that can be a close partner on a num- today. Not only is India one of the material cutoff treaty. However, the ber of key issues including nuclear most populous countries and fastest reality is that negotiations on such a nonproliferation. growing economies in the world, it is treaty at the Geneva Conference on The legislation pending before us also the world’s largest democracy that Disarmament have long been at a today is critically important because it has long demonstrated a commitment standstill due to many factors. These sets the framework for Congress to to pluralism and rule of law and a rich include linkages that countries have consider a formal peaceful nuclear co- intellectual and civilization heritage. imposed with issues such as the mili- operation agreement with India under I applaud the efforts of both the Clin- tarization of space. section 123 of the Atomic Energy Act. ton and Bush administration in The proliferation dangers of in- The Foreign Relations Committee strengthening our ties with India. creased fissile material stockpiles are passed this bill with strong bipartisan Their efforts reflect the bipartisan well understood. Yet the current ap- support shortly before the July 4th re- spirit with which America extends its proach has failed to stop production. cess, and I hope the full Senate will fol- hand of friendship to India and the im- That is why the United States needs low suit. By passing this legislation, portance that it places in getting this to sit down with India and the other we will not only move the United relationship right. key handful of countries that have pro- States and India one step closer to en- The U.S.-India nuclear deal signifi- duced and are producing fissile mate- ergy cooperation but also send a clear cantly benefits both our countries. It rial, and make a hard push for an in- message that a strong United States- will help India meet its growing energy terim non-discriminatory moratorium India relationship is vital to both of needs, fueling its economic growth and on fissile material production that is our nations. reducing the global demand and cost of applicable to this grouping of states. More and more, this bond is built on fossil fuels. It will enhance U.S.-Indian This moratorium would remain in ef- the bedrock of natural affinities—on

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.057 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11027 shared interests and shared values. And Obviously, there are ramifications formal peaceful nuclear cooperation it is no wonder—our two countries are for our nonproliferation efforts because agreement with India, which must be natural partners. We should be part- for the first time we are agreeing to en- submitted under section 123 of the ners in the war on terror, in the spread gage in nuclear cooperation with a Atomic Energy Act. The bill passed by of democracy, in religious tolerance, in country that has a nuclear weapons the House includes procedures which advancing technology, and in bringing program but is not a party to the Nu- would deny Congress a full right of re- stability and balance to Asia. In the clear Non-proliferation Treaty or view. Such an approach would under- post-9/11 world, we share interests and bound by its obligations. We cannot mine the balance we have struck in we share threats. India after all sees gloss over the fact that this is an un- this bill. I believe it is essential that more terror attacks every year than precedented step. But it is not one the Senate conferees insist upon the any other country. taken lightly. I am convinced that this procedures in the Senate bill for the For a long time, South Asians and exception for India makes sense, de- consideration of the 123 agreement. Americans have been extremely close— spite its real costs, given India’s record The Senate bill is a good bill, and our thanks to so many families spilt be- as a trustworthy steward of nuclear goal should be to enact as much of it as tween the two countries and such a vi- materials and technologies. possible. brant Indian-American community India can be an important ally in our We have taken an important step for- here at home. But now at last our Gov- global nonproliferation efforts, as dem- ward for one of our most promising and ernments are finally catching up to our onstrated by their voting with us in important relationships in the years to people and bringing our countries to- the International Atomic Energy Agen- come. gether. cy to try to curb Iran’s nuclear ambi- Mr. ROCKEFELLER. Mr. President, I I have long believed that it is in the tions. And, of course, India is critical rise to express my strong support for interest of the United States and India to any regional effort to cap fissile ma- this bill. to expand our strategic relationship. In terial production. India has made a The proposed agreement will mark a 1994 I took a trade delegation from my number of positive commitments with momentous change in U.S. and global nuclear policy, in my view for the bet- home State of Massachusetts to India. respect to its nuclear program, such as ter. It will give India due recognition It was clear to me that Cold War ten- separating its civil and military facili- as a global power, and it will deepen sions had created a gulf between our ties, putting more of its civilian facili- the bilateral commercial and strategic nations that didn’t serve either coun- ties under IAEA safeguards, and work- relationship that the United States en- try. I believed then that India could ing with the United States to achieve a joys with the world’s largest democ- and should be a critical American part- multilateral fissile material cutoff racy. ner in South Asia. My subsequent trips treaty. Beyond these commercial and stra- in 1999 and again earlier this year have I believe this bill we are considering tegic benefits, this deal will bring India today will encourage India to fulfill only reinforced that view. into the mainstream of the global non- With its strategic location in South these commitments while still allow- proliferation system for the first time Asia and its experience in maintaining ing for timely consideration by Con- in its nuclear history. This bill in- a stable and religiously diverse democ- gress of the bilateral nuclear coopera- cludes a number of nonproliferation-re- racy—India has nearly 150 Muslim citi- tion agreement—the so-called section lated provisions, including a require- zens—India can be an important part- 123 agreement—when it is concluded by ment that the U.S.-India agreement ner on a range of issues, from com- Indian and American negotiators. As I will not enter into force unless and bating the threat of terrorism and pro- said when Secretary Rice testified be- until India and the International liferation to promoting democracy and fore the committee on this deal in Atomic Energy Agency negotiate and regional security. Cooperating on the early April, it is critical for us to see conclude an inspection agreement. It civilian nuclear front can help move the safeguards agreement that India also includes a requirement that the this essential partnership forward. reaches with the IAEA before taking U.S.-India agreement will not enter I know from my discussions in India action on the section 123 agreement be- into force unless and until India and this past January with Prime Minister tween us and India. This bill ensures the IAEA negotiate and conclude a Singh and his National Security Ad- that we will. I am pleased that it in- safeguards agreement. Further, it re- viser that they want our help in meet- cludes my language clarifying that In- quires that the U.S.-India agreement ing India’s energy needs. This is crucial dia’s safeguards agreement with the will not enter into force unless and if India is to continue to expand its IAEA must provide for safeguards ‘‘in until the Nuclear Suppliers Group economy and increase its stature as a perpetuity,’’ as India has said it would. reaches consensus on nuclear trade major regional and global power. And Arthur Vandenberg, a Republican with India and bans U.S. export of ura- they see this nuclear initiative, as we Senator from Michigan, used to say nium enrichment and reprocessing do, as an important foundation for our that partisan politics ought to stop at technologies under any U.S.-India bilateral relationship. the water’s edge. Crafting this legisla- agreement. And everywhere I went, I kept hear- tion was not easy, but I am pleased to This agreement will benefit the eco- ing from political leaders and business- say that we have thus far met nomic, strategic, and security interests men just how important they consider Vandenberg’s challenge. And we must of the United States, and I offer my American investment in India’s eco- continue to do so. strong support for it and congratulate nomic future—and not just in tech- To reach agreement, we had to bal- my colleagues, Senator LUGAR and nology. India wants our help. They see ance a number of critically important Senator BIDEN, for completing this im- this nuclear initiative as a cornerstone interests: building a strong and com- portant legislation. of economic development and sensible prehensive relationship with India, fur- Mr. MCCONNELL. Mr. President, I energy policy, and I see it as a great thering our global nonproliferation ef- rise in support of S. 3709, the United chance for our countries to work to- forts, and protecting congressional pre- States-India, Peaceful Atomic Energy gether. rogatives to act on nuclear cooperation Cooperation Act, legislation which will Civil nuclear cooperation is in India’s agreements between the United States permit the United States to export nu- interest, but it is also in ours. That is and other countries. I recognize that clear material to India for peaceful why during my trip to India in January there are aspects of this legislation purposes. I was one of the first Senators to ex- that some on both sides of the debate I applaud President George W. Bush press my support for the civil nuclear wish had come out differently, but on and Secretary of State Condoleezza initiative in principle. Since then, I the whole, I believe the legislation the Rice for taking this bold, new and wel- have been committed to working with committee has sent to the Senate is a come approach to America’s bilateral my colleagues to find a way to make good-faith—and ultimately success- relations with India. For too long our this deal work for all our interests. I ful—effort to meet those needs. relations with India and Pakistan have am pleased that we have accomplished One of the most important aspects of resembled a zero-sum game—by help- that with the legislation approved by the balance in the bill before us is the ing one nation, we have been perceived the committee. requirement that Congress review the as hurting the other.

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.064 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11028 CONGRESSIONAL RECORD — SENATE November 16, 2006 This agreement helps to liberate U.S. The PRESIDING OFFICER. Under Atomic Energy Act of 1954 a proposed nu- policy from this false choice; the the previous order, the Senate will now clear agreement for cooperation with United States can and should enjoy proceed to the consideration of H.R. India.’’, do pass with the following amend- ment: positive relations with both nations. 5682, which the clerk will report. Strike out all after the enacting clause and This bill will broaden and deepen The assistant legislative clerk read insert: America’s emerging strategic partner- as follows: TITLE I—UNITED STATES-INDIA PEACE- ship with India. A bill (H.R. 5682) to exempt from certain FUL ATOMIC ENERGY COOPERATION This legislation is also part of a requirements of the Atomic Energy Act of SECTION 101. SHORT TITLE. broader framework for the United 1954 a proposed nuclear agreement for co- This title may be cited as the ‘‘United States- States and India to work together on operation with India. India Peaceful Atomic Energy Cooperation many issues, including energy, defense The PRESIDING OFFICER. Under Act’’. cooperation, anti-terrorism efforts and the previous order, all after the enact- SEC. 102. SENSE OF CONGRESS. the promotion of democracy. S. 3709 ing clause is stricken, and the text of It is the sense of Congress that— will strengthen the world’s security by S. 3709, as amended, is inserted in lieu (1) strong bilateral relations with India are in the national interest of the United States; expanding the reach of international thereof. (2) the United States and India share common non-proliferation efforts, and will in- The question is on third reading of democratic values and the potential for increas- crease transparency about India’s civil- the bill. ing and sustained economic engagement; ian nuclear program. The bill (H.R. 5682), as amended, was (3) commerce in civil nuclear energy with In addition, this bill will boost Amer- ordered to a third reading and was read India by the United States and other countries ica’s energy security by helping India the third time. has the potential to benefit the people of all meet its growing energy needs with nu- The PRESIDING OFFICER. The bill countries; clear power. With a population over (4) such commerce also represents a signifi- having been read the third time, the cant change in United States policy regarding one billion, India has greatly increased question is, Shall it pass? commerce with countries not parties to the Nu- the demand for energy, helping to raise The yeas and nays have been ordered. clear Non-Proliferation Treaty, which remains energy prices on the world market. The The clerk will call the roll. the foundation of the international non-pro- more power India can get from other The legislative clerk called the roll. liferation regime; sources, the less Americans will have Mr. MCCONNELL. The following Sen- (5) any commerce in civil nuclear energy with to pay for energy here at home. ators were necessarily absent: the Sen- India by the United States and other countries must be achieved in a manner that minimizes This bill will also foster economic ator from Oklahoma (Mr. INHOFE) and the risk of nuclear proliferation or regional arms growth in America by opening up new HOM the Senator from Wyoming (Mr. T - races and maximizes India’s adherence to inter- opportunities for American companies AS). national non-proliferation regimes, including, in to do business in India’s civilian nu- Mr. DURBIN. I announce that the particular, the Guidelines of the Nuclear Sup- clear sector. By passing this legisla- Senator from Vermont (Mr. JEFFORDS) pliers Group (NSG); and tion, my colleagues will help create is necessarily absent. (6) the United States should not seek to facili- new jobs for Americans and new mar- The PRESIDING OFFICER. Are there tate or encourage the continuation of nuclear kets for American firms. any other Senators in the Chamber de- exports to India by any other party if such ex- I want to commend my good friend siring to vote? ports are terminated under United States law. from the neighboring State of Indiana, SEC. 103. DECLARATION OF POLICY CONCERNING The result was announced—yeas 85, UNITED STATES-INDIA PEACEFUL Senator LUGAR, for his sponsorship of nays 12, as follows: ATOMIC ENERGY COOPERATION. this bill and his successful shepherding [Rollcall Vote No. 270 Leg.] It shall be the policy of the United States with of it through the Senate. YEAS—85 respect to any peaceful atomic energy coopera- Mr. President, improving U.S.-Indian tion between the United States and India— Alexander Durbin Murray ties is long overdue. After all, America (1) to achieve as quickly as possible a ces- Allard Ensign Nelson (FL) sation of the production by India and Pakistan and India are the worlds two largest Allen Enzi Nelson (NE) of fissile materials for nuclear weapons and democracies. As President Bush con- Baucus Feinstein Obama Bayh Frist Pryor other nuclear explosive devices; tinues to champion the spread of de- Bennett Graham (2) to achieve as quickly as possible the Gov- mocracy abroad, it is entirely fitting Reed Biden Grassley Reid ernment of India’s adherence to, and coopera- that our two countries should continue Bond Gregg Roberts tion in, the full range of international non-pro- Brownback Hagel to strengthen our strategic partner- Rockefeller liferation regimes and activities, including In- Bunning Hatch ship, as a model for the world of what Salazar dia’s— Burns Hutchison (A) full participation in the Proliferation Se- democracies can accomplish when they Burr Inouye Santorum Cantwell Isakson Sarbanes curity Initiative; work together in peace. Schumer (B) formal commitment to the Statement of The PRESIDING OFFICER. The Sen- Carper Kerry Chafee Kohl Sessions Interdiction Principles; ator from Indiana is recognized. Chambliss Kyl Shelby (C) public announcement of its decision to Mr. LUGAR. Mr. President, the unan- Clinton Landrieu Smith conform its export control laws, regulations, and imous consent order provides for 1 Coburn Lautenberg Snowe policies with the Australia Group and with the minute on each side. I will forego my Cochran Levin Specter Guidelines, Procedures, Criteria, and Controls Coleman Lieberman Stabenow List of the Wassenaar Arrangement; and minute, but I would like to yield to the Collins Lincoln Stevens (D) demonstration of satisfactory progress to- distinguished leader, who is here. He Cornyn Lott Sununu ward implementing the decision described in wants to make a comment. Craig Lugar Talent Crapo Martinez subparagraph (C); Mr. FRIST. Mr. President, just for Thune DeMint McCain Vitter (3) to ensure that India remains in full compli- the information of my colleagues, this DeWine McConnell Voinovich ance with its non-proliferation, arms control, Dodd will be the last rollcall vote tonight. Menendez Warner and disarmament agreements, obligations, and Dole Mikulski Wyden commitments; The plans will be on Monday, December Domenici Murkowski 4, to be back in session, and in all like- (4) to ensure that any safeguards agreement lihood we will not be voting until the NAYS—12 or Additional Protocol thereto to which India is a party with the International Atomic Energy late afternoon of December 5. Every- Akaka Conrad Harkin Bingaman Dayton Johnson Agency (IAEA) can reliably safeguard any ex- body stay posted. We will keep you ap- Boxer Dorgan Kennedy port or reexport to India of any nuclear mate- prised of the future plans. Byrd Feingold Leahy rials and equipment; Mr. LUGAR. Mr. President, we relin- (5) to meet the requirements set forth in sub- NOT VOTING—3 quish all time. sections a.(1) and a.(3)–a.(9) of section 123 of the The PRESIDING OFFICER. If there Inhofe Jeffords Thomas Atomic Energy Act of 1954 (42 U.S.C. 2153); is no further debate, the question is on The bill (H.R. 5682), as amended, was (6) to act in a manner fully consistent with the engrossment and third reading of passed, as follows: the Guidelines for Nuclear Transfers and the Guidelines for Transfers of Nuclear-Related the bill. H.R. 5682 Dual-Use Equipment, Materials, Software and The bill was ordered to be engrossed Resolved, That the bill from the House of Related Technology developed by the multilat- for a third reading and was read the Representatives (H.R. 5682) entitled ‘‘An Act eral Nuclear Suppliers Group and the rules and third time. to exempt from certain requirements of the practices regarding NSG decision-making;

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 4637 Sfmt 6333 E:\CR\FM\A16NO6.061 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11029 (7) given the special sensitivity of equipment (8) India is fully and actively participating in ties, equipment, or materials derived through and technologies related to the enrichment of United States and international efforts to dis- the use of transferred technology will not be uranium, the reprocessing of spent nuclear fuel, suade, sanction, and contain Iran for its nu- transferred without the prior consent of the and the production of heavy water, to work clear program consistent with United Nations United States. with members of the Nuclear Suppliers Group, Security Council resolutions; and (3) In the event the IAEA is unable to imple- individually and collectively, to further restrict (9) the Nuclear Suppliers Group has decided ment safeguards as required by an agreement the transfers of such equipment and tech- to permit civil nuclear commerce with India pur- between the United States and India arranged nologies, including to India; suant to a decision taken by the Nuclear Sup- pursuant to section 123 of the Atomic Energy (8) to maintain the fullest possible inter- pliers Group that— Act of 1954 (42 U.S.C. 2153), arrangements that national support for, adherence to, and compli- (A) was made by consensus; and conform with IAEA safeguards standards, prin- ance with the Nuclear Non-Proliferation Treaty; (B) does not permit nuclear commerce with ciples, and practices that provide assurances and any non-nuclear weapon state other than India equivalent to that intended to be secured by the (9) that exports of nuclear fuel to India that does not have IAEA safeguards on all nu- system they replace, including— should not contribute to, or in any way encour- clear materials and all peaceful nuclear activi- (A) review in a timely fashion of the design of age, increases in the production by India of ties within the territory of such state, under its any equipment transferred pursuant to the fissile material for non-civilian purposes. jurisdiction, or carried out under its control agreement for cooperation, or of any facility SEC. 104. WAIVERS FOR COOPERATION WITH anywhere. that is to use, fabricate, process, or store any INDIA. SEC. 106. PROHIBITION ON CERTAIN EXPORTS material so transferred or any special nuclear (a) WAIVER AUTHORITY.—If the President sub- AND REEXPORTS. material used in or produced through the use of mits a determination under section 105 to the (a) PROHIBITION.— such material and equipment; appropriate congressional committees and makes (1) NUCLEAR REGULATORY COMMISSION.—Ex- (B) maintenance and disclosure of records and available to such committees the text of the cept as provided in subsection (b), the Nuclear of relevant reports for the purpose of assisting agreement described in paragraph (3) of such Regulatory Commission may not authorize pur- in ensuring accountability for material trans- section, the President may— suant to part 110 of title 10, Code of Federal ferred pursuant to the agreement and any (1) subject to subsection (b), exempt a pro- Regulations, licenses for the export or reexport source or special nuclear material used in or posed agreement for cooperation with India ar- to India of any equipment, materials, or tech- produced through the use of any material and ranged pursuant to section 123 of the Atomic nology related to the enrichment of uranium, equipment so transferred; and Energy Act of 1954 (42 U.S.C. 2153) from the re- the reprocessing of spent nuclear fuel, or the (C) access to places and data necessary to ac- quirement of subsection a.(2) of such section; production of heavy water. count for the material referred to in subpara- (2) waive the application of section 128 of the (2) SECRETARY OF ENERGY.—Except as pro- graph (B) and to inspect any equipment or facil- Atomic Energy Act of 1954 (42 U.S.C. 2157) with vided in subsection (b), the Secretary of Energy ity referred to in subparagraph (A). respect to exports to India; and (c) IMPLEMENTATION.—The measures described (3) waive the application of any sanction with may not authorize pursuant to part 810 of title 10, Code of Federal Regulations, licenses for the in subsection (b) shall be implemented to provide respect to India under— reasonable assurances that the recipient is com- (A) section 129 a.(1)(D) of the Atomic Energy export or reexport to India of any equipment, materials, or technology to be used for the en- plying with the relevant requirements, terms, Act of 1954 (42 U.S.C. 2158(a)(1)(D)); and and conditions of any licenses issued by the (B) section 129 of such Act (42 U.S.C. 2158) re- richment of uranium, the reprocessing of spent United States regarding such exports, including garding any actions that occurred before July nuclear fuel, or the production of heavy water. those relating to the use, retransfer, safe han- 18, 2005. (b) EXCEPTIONS.—Exports or reexports other- dling, secure transit, and storage of such ex- (b) JOINT RESOLUTION OF APPROVAL REQUIRE- wise prohibited under subsection (a) may be ap- ports. MENT.—An agreement for cooperation exempted proved if— by the President pursuant to subsection (a)(1) (1) the end user— SEC. 108. IMPLEMENTATION AND COMPLIANCE. shall be subject to the second proviso in sub- (A) is a multinational facility participating in (a) INFORMATION ON NUCLEAR ACTIVITIES OF section d. of section 123 of the Atomic Energy an IAEA-approved program to provide alter- INDIA.—The President shall keep the appro- Act of 1954 (42 U.S.C. 2153(d)) applicable to natives to national fuel cycle capabilities; or priate congressional committees fully and cur- agreements exempted by the President pursuant (B) is a facility participating in, and the ex- rently informed of the facts and implications of to subsection (a) of such section. port or reexport is associated with, a bilateral or any significant nuclear activities of India, in- SEC. 105. DETERMINATION REGARDING UNITED multinational program to develop a prolifera- cluding— STATES-INDIA PEACEFUL ATOMIC tion-resistant fuel cycle; and (1) any material non-compliance on the part ENERGY COOPERATION. (2) the President determines that the export or of the Government of India with— The determination referred to in section 104 is reexport will not improve India’s ability to (A) the non-proliferation commitments under- a written determination by the President, which produce nuclear weapons or fissile material for taken in the Joint Statement of July 18, 2005, be- shall be accompanied by a report to the appro- military uses. tween the President of the United States and the Prime Minister of India; priate congressional committees, that— SEC. 107. END-USE MONITORING PROGRAM. (1) India has provided to the IAEA and the (B) the separation plan presented in the na- (a) IN GENERAL.—The President shall ensure tional parliament of India on March 7, 2006, United States a credible plan to separate its civil that all appropriate measures are taken to nuclear facilities, materials, and programs from and in greater detail on May 11, 2006; maintain accountability with respect to nuclear (C) a safeguards agreement between the Gov- its military facilities, materials, and programs; materials, equipment, and technology sold, (2) India has filed a complete declaration re- ernment of India and the IAEA; leased, exported, or reexported to India and to garding its civil nuclear facilities and materials (D) an Additional Protocol between the Gov- ensure United States compliance with Article I with the IAEA; ernment of India and the IAEA; (3) an agreement between India and the IAEA of the Nuclear Non-Proliferation Treaty. (E) a peaceful nuclear cooperation agreement requiring the application of safeguards in per- (b) MEASURES.—The measures taken pursuant between the Government of India and the petuity in accordance with IAEA standards, to subsection (a) shall include the following: United States Government pursuant to section principles, and practices to civil nuclear facili- (1) Obtaining and implementing assurances 123 of the Atomic Energy Act of 1954 (42 U.S.C. ties, programs, and materials described in para- and conditions pursuant to the export licensing 2153) or any subsequent arrangement under sec- graph (2) has entered into force; authorities of the Nuclear Regulatory Commis- tion 131 of such Act (42 U.S.C. 2160); (4) India and the IAEA are making substan- sion and the Department of Commerce and the (F) the terms and conditions of any approved tial progress toward implementing an Additional authorizing authorities of the Department of licenses; and Protocol; Energy, including, as appropriate, conditions (G) United States laws and regulations re- (5) India is working with the United States to regarding end-use monitoring. garding the export or reexport of nuclear mate- conclude a multilateral treaty on the cessation (2) A detailed system of reporting and ac- rial or dual-use material, equipment, or tech- of the production of fissile materials for use in counting for technology transfers, including nology; nuclear weapons or other nuclear explosive de- any retransfers in India, authorized by the De- (2) the construction of a nuclear facility in vices; partment of Energy pursuant to section 57 b. of India after the date of the enactment of this (6) India is supporting international efforts to the Atomic Energy Act of 1954 (42 U.S.C. Act; prevent the spread of enrichment and reprocess- 2077(b)). Such system shall be capable of pro- (3) significant changes in the production by ing technology to any state that does not al- viding assurances that— India of nuclear weapons or in the types or ready possess full-scale, functioning enrichment (A) the identified recipients of the nuclear amounts of fissile material produced; and or reprocessing plants; technology are authorized to receive the nuclear (4) changes in the purpose or operational sta- (7) India has secured nuclear and other sen- technology; tus of any unsafeguarded nuclear fuel cycle ac- sitive materials and technology through the ap- (B) the nuclear technology identified for tivities in India. plication of comprehensive export control legis- transfer will be used only for peaceful safe- (b) IMPLEMENTATION AND COMPLIANCE RE- lation and regulations, including through effec- guarded nuclear activities and will not be used PORT.—Not later than 180 days after the date on tive enforcement actions, and through harmoni- for any military or nuclear explosive purpose; which an agreement between the Government of zation of its control lists with, and adherence and India and the United States Government pursu- to, the guidelines of the Missile Technology (C) the nuclear technology identified for ant to section 123 of the Atomic Energy Act of Control Regime and the Nuclear Suppliers transfer will not be retransferred without the 1954 (42 U.S.C. 2153) enters into force, and an- Group; prior consent of the United States, and facili- nually thereafter, the President shall submit to

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 4637 Sfmt 6333 E:\CR\FM\A16NO6.065 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11030 CONGRESSIONAL RECORD — SENATE November 16, 2006 the appropriate congressional committees a re- (C) the rate of production in India of— tions of the Senate and the Committee on Inter- port including— (i) fissile material for nuclear explosive de- national Relations of the House of Representa- (1) a description of any additional nuclear fa- vices; and tives. cilities and nuclear materials that the Govern- (ii) nuclear explosive devices; (3) The term ‘‘atomic energy’’ has the meaning ment of India has placed or intends to place (7) an analysis as to whether imported ura- given the term in section 11 c. of the Atomic En- under IAEA safeguards; nium has affected the rate of production in ergy Act of 1954 (42 U.S.C. 2014(c)). (2) a comprehensive listing of— India of nuclear explosive devices; and (4) The term ‘‘dual-use material, equipment, (A) all licenses that have been approved by (8) a detailed description of efforts and or technology’’ means those items controlled by the Nuclear Regulatory Commission and the progress made toward the achievement of In- the Department of Commerce pursuant to sec- Secretary of Energy for exports and reexports to dia’s— tion 309(c) of the Nuclear Nonproliferation Act India under parts 110 and 810 of title 10, Code (A) full participation in the Proliferation Se- of 1978. of Federal Regulations; curity Initiative; (5) The term ‘‘IAEA safeguards’’ has the (B) any licenses approved by the Department (B) formal commitment to the Statement of meaning given the term in section 830(3) of the of Commerce for the export or reexport to India Interdiction Principles; Nuclear Proliferation Prevention Act of 1994 (22 of commodities, related technology, and soft- (C) public announcement of its decision to U.S.C. 6305(3)). ware which are controlled for nuclear non-pro- conform its export control laws, regulations, and (6) The term ‘‘nuclear materials and equip- liferation reasons on the Nuclear Referral List policies with the Australia Group and with the ment’’ has the meaning given the term in section of the Commerce Control List maintained under Guidelines, Procedures, Criteria, and Controls 4(5) of the Nuclear Nonproliferation Act of 1978 part 774 of title 15, Code of Federal Regulations; List of the Wassenaar Arrangement; and (22 U.S.C. 3203(3)). (C) any other United States authorizations for (D) demonstration of satisfactory progress to- (7) The term ‘‘Nuclear Non-Proliferation Trea- the export or reexport to India of nuclear mate- ward implementing the decision described in ty’’ means the Treaty on the Non-Proliferation rials and equipment; and subparagraph (C). of Nuclear Weapons, done at Washington, Lon- (D) with respect to each such license or other (c) SUBMITTAL WITH OTHER ANNUAL RE- don, and Moscow July 1, 1968, and entered into form of authorization described in subpara- PORTS.— force March 5, 1970 (21 UST 483). graphs (A), (B), and (C)— (1) REPORT ON PROLIFERATION PREVENTION.— (8) The terms ‘‘nuclear weapon’’ and ‘‘nuclear (i) the number or other identifying informa- Each annual report submitted under subsection explosive device’’ have the meaning given the tion of each license or authorization; (b) after the initial report may be submitted to- (ii) the name or names of the authorized end term ‘‘nuclear explosive device’’ in section 830(4) gether with the annual report on proliferation of the Nuclear Proliferation Prevention Act of user or end users; prevention required under section 601(a) of the (iii) the name of the site, facility, or location 1994 (22 U.S.C. 6305(4)). Nuclear Non-Proliferation Act of 1978 (22 U.S.C. (9) The terms ‘‘reprocessing’’ and ‘‘reprocess’’ in India to which the export or reexport was 3281(a)). made; refer to the separation of nuclear materials from (2) REPORT ON PROGRESS TOWARD REGIONAL fission products in spent nuclear fuel. (iv) the terms and conditions included on such NON-PROLIFERATION.—The information required licenses and authorizations; (10) The term ‘‘source material’’ has the mean- to be submitted under subsection (b)(5) after the ing given the term in section 11 z. of the Atomic (v) any post-shipment verification procedures initial report may be submitted together with the that will be applied to such exports or reexports; Energy Act of 1954 (42 U.S.C. 2014(z)). annual report on progress toward regional non- (11) The term ‘‘special nuclear material’’ has and proliferation required under section 620F(c) of (vi) the term of validity of each such license or the meaning given the term in section 11 aa. of the Foreign Assistance Act of 1961 (22 U.S.C. authorization; the Atomic Energy Act of 1954 (42 U.S.C. (3) any significant nuclear commerce between 2376(c)). 2014(aa)). (d) FORM.—Each report submitted under this India and other countries, including any such (12) The term ‘‘unsafeguarded nuclear fuel- section shall be submitted in unclassified form trade that— cycle activity’’ means research on, or develop- (A) does not comply with applicable guidelines but may contain a classified annex. ment, design, manufacture, construction, oper- or decisions of the Nuclear Suppliers Group; or SEC. 109. UNITED STATES COMPLIANCE WITH ITS ation, or maintenance of— (B) would not meet the standards applied to NUCLEAR NON-PROLIFERATION (A) any existing or future reactor, critical fa- TREATY OBLIGATIONS. exports or reexports of such material, equip- cility, conversion plant, fabrication plant, re- This title shall not be deemed to constitute au- ment, or technology of United States origin; processing plant, plant for the separation of iso- thority for any action in violation of any obliga- (4) either— topes of source or special fissionable material, or tion of the United States under the Nuclear (A) a certification that India is in full compli- separate storage installation with respect to Non-Proliferation Treaty. ance with the commitments and obligations con- which there is no obligation to accept IAEA tained in the agreements and other documents SEC. 110. INOPERABILITY OF DETERMINATION safeguards at the relevant reactor, facility, AND WAIVERS. referenced in subparagraphs (A) through (F) of plant, or installation that contains source or A determination under section 105 and any subsection (a)(1); or special fissionable material; or (B) if the President cannot make such certifi- waiver under section 104 shall cease to be effec- (B) any existing or future heavy water pro- cation, an identification and assessment of all tive if the President determines that India has duction plant with respect to which there is no compliance issues arising with regard to the ad- detonated a nuclear explosive device after the obligation to accept IAEA safeguards on any herence by India to its commitments and obliga- date of the enactment of this Act. nuclear material produced by or used in connec- tions, including— SEC. 111. MTCR ADHERENT STATUS. tion with any heavy water produced therefrom. (i) the steps the United States Government has Congress finds that India is not an MTCR ad- taken to remedy or otherwise respond to such SEC. 114. UNITED STATES POLICY REGARDING herent for the purposes of Section 73 of the Arms THE PROVISION OF NUCLEAR compliance issues; Export Control Act (22 U.S.C. 2797b). POWER REACTOR FUEL RESERVE TO (ii) the responses of the Government of India SEC. 112. TECHNICAL AMENDMENT. INDIA. to such steps; and Section 1112(c)(4) of the Arms Control and It is the policy of the United States that any (iii) an assessment of the implications of any Nonproliferation Act of 1999 (title XI of the Ad- nuclear power reactor fuel reserve provided to continued noncompliance, including whether miral James W. Nance and Meg Donovan For- the Government of India for use in safeguarded nuclear commerce with India, if not already ter- eign Relations Act, Fiscal Years 2000 and 2001 civilian nuclear facilities should be commensu- minated under section 129 of the Atomic Energy (as enacted into law by section 1000(a)(7) of rate with reasonable reactor operating require- Act of 1954 (42 U.S.C. 2158), remains in the na- Public Law 106–113 and contained in appendix ments. tional security interest of the United States; (5) a detailed description of— G of that Act; 113 Stat. 1501A–486)) is amended— SEC. 115. UNITED STATES-INDIA SCIENTIFIC CO- (A) United States efforts to promote national (1) in subparagraph (B), by striking ‘‘and’’ OPERATIVE THREAT REDUCTION or regional progress by India and Pakistan in after the semicolon at the end; PROGRAM. disclosing, securing, capping, and reducing (2) by redesignating subparagraph (C) as sub- (a) ESTABLISHMENT.—The Secretary of En- their fissile material stockpiles, pending creation paragraph (D); and ergy, acting through the Administrator of the (3) by inserting after subparagraph (B) the of a world-wide fissile material cut-off regime, National Nuclear Security Administration, shall following new subparagraph: including the institution of a Fissile Material establish a cooperative threat reduction program ‘‘(C) so much of the reports required under Cut-off Treaty; to pursue jointly with scientists from the United (B) the reactions of India and Pakistan to section 108 of the United States-India Peaceful States and India a program to further common such efforts; and Atomic Energy Cooperation Act as relates to nonproliferation goals, including scientific re- (C) assistance that the United States is pro- verification or compliance matters; and’’. search and development efforts related to nu- viding, or would be able to provide, to India and SEC. 113. DEFINITIONS. clear nonproliferation, with an emphasis on nu- Pakistan to promote the objectives in subpara- In this title: clear safeguards (in this section referred to as graph (A), consistent with its obligations under (1) The term ‘‘Additional Protocol’’ means a the ‘‘program’’). international law and existing agreements; protocol additional to a safeguards agreement (b) CONSULTATION.—The program shall be car- (6) an estimate of— with the IAEA, as negotiated between a country ried out in consultation with the Secretary of (A) the amount of uranium mined in India and the IAEA based on a Model Additional Pro- State and the Secretary of Defense. during the previous year; tocol as set forth in IAEA information circular (c) NATIONAL ACADEMIES RECOMMENDA- (B) the amount of such uranium that has like- (INFCIRC) 540. TIONS.— ly been used or allocated for the production of (2) The term ‘‘appropriate congressional com- (1) IN GENERAL.—The Secretary of Energy nuclear explosive devices; and mittees’’ means the Committee on Foreign Rela- shall enter into an agreement with the National

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 4637 Sfmt 6333 E:\CR\FM\A16NO6.065 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11031 Academies to develop recommendations for the liferation regime and to make United States civil wealths, territories, and possessions of the implementation of the program. nuclear activities available to the same IAEA in- United States and includes all places under the (2) RECOMMENDATIONS.—The agreement en- spections as are applied in the case of non-nu- jurisdiction or control of the United States, in- tered into under paragraph (1) shall provide for clear-weapon State Parties. cluding— the preparation by qualified individuals with (9) In accordance with the national security (A) the territorial sea and the overlying air- relevant expertise and knowledge and the com- exclusion contained in Article 1.b of its Addi- space; munication to the Secretary of Energy each fis- tional Protocol, the United States will not allow (B) any civil aircraft of the United States or cal year of— any inspection activities, nor make any declara- public aircraft, as such terms are defined in (A) recommendations for research and related tion of any information with respect to, loca- paragraphs (17) and (41), respectively, of section programs designed to overcome existing techno- tions, information, and activities of direct na- 40102(a) of title 49, United States Code; and logical barriers to nuclear nonproliferation; and tional security significance to the United States. (C) any vessel of the United States, as such (B) an assessment of whether activities and (10) Implementation of the Additional Protocol term is defined in section 3(b) of the Maritime programs funded under this section are achiev- will conform to the principles set forth in the Drug Law Enforcement Act (46 U.S.C. App. ing the goals of the activities and programs. letter of April 30, 2002, from the United States 1903(b)). (3) PUBLIC AVAILABILITY.—The recommenda- Permanent Representative to the International (14) WIDE-AREA ENVIRONMENTAL SAMPLING.— tions and assessments prepared under this sub- Atomic Energy Agency and the Vienna Office of The term ‘‘wide-area environmental sampling’’ section shall be made publicly available. the United Nations to the Director General of has the meaning set forth in Article 18g. of the (d) CONSISTENCY WITH NUCLEAR NON-PRO- the International Atomic Energy Agency. Additional Protocol. LIFERATION TREATY.—All United States activi- SEC. 203. DEFINITIONS. SEC. 204. SEVERABILITY. ties related to the program shall be consistent In this title: If any provision of this title, or the applica- with United States obligations under the Nu- (1) ADDITIONAL PROTOCOL.—The term ‘‘Addi- tion of such provision to any person or cir- clear Non-Proliferation Treaty. tional Protocol’’, when used in the singular cumstance, is held invalid, the remainder of this (e) AUTHORIZATION OF APPROPRIATIONS.— form, means the Protocol Additional to the title, or the application of such provision to per- There are authorized to be appropriated such Agreement between the United States of America sons or circumstances other than those as to sums as may be necessary to carry out this sec- and the International Atomic Energy Agency which it is held invalid, shall not be affected tion for each of fiscal years 2007 through 2011. for the Application of Safeguards in the United thereby. TITLE II—UNITED STATES ADDITIONAL States of America, with Annexes, signed at Vi- Subtitle A—General Provisions PROTOCOL IMPLEMENTATION enna June 12, 1998 (T. Doc. 107–7). SEC. 211. AUTHORITY. SEC. 201. SHORT TITLE. (2) APPROPRIATE CONGRESSIONAL COMMIT- (a) IN GENERAL.—The President is authorized This title may be cited as the ‘‘United States TEES.—The term ‘‘appropriate congressional to implement and carry out the provisions of Additional Protocol Implementation Act’’. committees’’ means the Committee on Armed this title and the Additional Protocol and shall Services, the Committee on Foreign Relations, SEC. 202. FINDINGS. designate through Executive order which execu- and the Committee on Appropriations of the Congress makes the following findings— tive agency or agencies of the United States, Senate and the Committee on Armed Services, (1) The proliferation of nuclear weapons and which may include but are not limited to the the Committee on International Relations, and other nuclear explosive devices poses a grave Department of State, the Department of De- the Committee on Appropriations of the House threat to the national security of the United fense, the Department of Justice, the Depart- of Representatives. States and its vital national interests. ment of Commerce, the Department of Energy, (3) COMPLEMENTARY ACCESS.—The term ‘‘com- (2) The Nuclear Non-Proliferation Treaty has and the Nuclear Regulatory Commission, shall plementary access’’ means the exercise of the proven critical to limiting such proliferation. issue or amend and enforce regulations in order IAEA’s access rights as set forth in Articles 4 to (3) For the Nuclear Non-Proliferation Treaty to implement this title and the provisions of the 6 of the Additional Protocol. to be effective, each of the non-nuclear-weapon Additional Protocol. (4) EXECUTIVE AGENCY.—The term ‘‘executive State Parties must conclude a comprehensive (b) INCLUDED AUTHORITY.—For any executive agency’’ has the meaning given such term in safeguards agreement with the IAEA, and such agency designated under subsection (a) that section 105 of title 5, United States Code. agreements must be honored and enforced. does not currently possess the authority to con- (5) FACILITY.—The term ‘‘facility’’ has the (4) Recent events emphasize the urgency of duct site vulnerability assessments and related meaning set forth in Article 18i. of the Addi- strengthening the effectiveness and improving activities, the authority provided in subsection tional Protocol. the efficiency of the safeguards system. This can (a) includes such authority. best be accomplished by providing IAEA inspec- (6) IAEA.—The term ‘‘IAEA’’ means the Inter- (c) EXCEPTION.—The authority described in national Atomic Energy Agency. tors with more information about, and broader subsection (b) does not supersede or otherwise (7) JUDGE OF THE UNITED STATES.—The term access to, nuclear activities within the territory modify any existing authority of any Federal ‘‘judge of the United States’’ means a United of non-nuclear-weapon State Parties. department or agency already having such au- States district judge, or a United States mag- (5) The proposed scope of such expanded in- thority. formation and access has been negotiated by the istrate judge appointed under the authority of member states of the IAEA in the form of a chapter 43 of title 28, United States Code. Subtitle B—Complementary Access Model Additional Protocol to its existing safe- (8) LOCATION.—The term ‘‘location’’ means SEC. 221. REQUIREMENT FOR AUTHORITY TO guards agreements, and universal acceptance of any geographic point or area declared or identi- CONDUCT COMPLEMENTARY AC- Additional Protocols by non-nuclear weapons fied by the United States or specified by the CESS. states is essential to enhancing the effectiveness International Atomic Energy Agency. (a) PROHIBITION.—No complementary access of the Nuclear Non-Proliferation Treaty. (9) NUCLEAR NON-PROLIFERATION TREATY.— to any location in the United States shall take (6) On June 12, 1998, the United States, as a The term ‘‘Nuclear Non-Proliferation Treaty’’ place pursuant to the Additional Protocol with- nuclear-weapon State Party, signed an Addi- means the Treaty on the Non-Proliferation of out the authorization of the United States Gov- tional Protocol that is based on the Model Addi- Nuclear Weapons, done at Washington, London, ernment in accordance with the requirements of tional Protocol, but which also contains meas- and Moscow July 1, 1968, and entered into force this title. ures, consistent with its existing safeguards March 5, 1970 (21 UST 483). (b) AUTHORITY.— agreements with its members, that protect the (10) NUCLEAR-WEAPON STATE PARTY AND NON- (1) IN GENERAL.—Complementary access to right of the United States to exclude the appli- NUCLEAR-WEAPON STATE PARTY.—The terms any location in the United States subject to ac- cation of IAEA safeguards to locations and ac- ‘‘nuclear-weapon State Party’’ and ‘‘non-nu- cess under the Additional Protocol is authorized tivities with direct national security significance clear-weapon State Party’’ have the meanings in accordance with this title. or to locations or information associated with given such terms in the Nuclear Non-Prolifera- (2) UNITED STATES REPRESENTATIVES.— such activities. tion Treaty. (A) RESTRICTIONS.—In the event of com- (7) Implementation of the Additional Protocol (11) PERSON.—The term ‘‘person’’, except as plementary access to a privately owned or oper- in the United States in a manner consistent with otherwise provided, means any individual, cor- ated location, no employee of the Environmental United States obligations under the Nuclear poration, partnership, firm, association, trust, Protection Agency or of the Mine Safety and Non-Proliferation Treaty may encourage other estate, public or private institution, any State or Health Administration or the Occupational parties to the Nuclear Non-Proliferation Treaty, any political subdivision thereof, or any polit- Safety and Health Administration of the De- especially non-nuclear-weapon State Parties, to ical entity within a State, any foreign govern- partment of Labor may participate in the access. conclude Additional Protocols and thereby ment or nation or any agency, instrumentality (B) NUMBER.—The number of designated strengthen the Nuclear Non-Proliferation Trea- or political subdivision of any such government United States representatives accompanying ty safeguards system and help reduce the threat or nation, or other entity located in the United IAEA inspectors shall be kept to the minimum of nuclear proliferation, which is of direct and States. necessary. substantial benefit to the United States. (12) SITE.—The term ‘‘site’’ has the meaning SEC. 222. PROCEDURES FOR COMPLEMENTARY (8) Implementation of the Additional Protocol set forth in Article 18b. of the Additional Pro- ACCESS. by the United States is not required and is com- tocol. (a) IN GENERAL.—Each instance of com- pletely voluntary given its status as a nuclear- (13) UNITED STATES.—The term ‘‘United plementary access to a location in the United weapon State Party, but the United States has States’’, when used as a geographic reference, States under the Additional Protocol shall be acceded to the Additional Protocol to dem- means the several States of the United States, conducted in accordance with this subtitle. onstrate its commitment to the nuclear non-pro- the District of Columbia, and the common- (b) NOTICE.—

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(1) IN GENERAL.—Complementary access re- ernment may seek an administrative search war- Subtitle C—Confidentiality of Information ferred to in subsection (a) may occur only upon rant from a judge of the United States under SEC. 231. PROTECTION OF CONFIDENTIALITY OF the issuance of an actual written notice by the subsection (b). Proceedings regarding the INFORMATION. United States Government to the owner, oper- issuance of an administrative search warrant Information reported to, or otherwise acquired ator, occupant, or agent in charge of the loca- shall be conducted ex parte, unless otherwise re- by, the United States Government under this tion to be subject to complementary access. quested by the United States Government. title or under the Additional Protocol shall be (2) TIME OF NOTIFICATION.—The notice under (2) EXPEDITED ACCESS.—For purposes of ob- exempt from disclosure under sections 552 of title paragraph (1) shall be submitted to such owner, taining access to a location pursuant to Article 5, United States Code. 4b.(ii) of the Additional Protocol in order to sat- operator, occupant, or agent as soon as possible Subtitle D—Enforcement after the United States Government has received isfy United States obligations under the Addi- notification that the IAEA seeks complementary tional Protocol when notice of two hours or less SEC. 241. RECORDKEEPING VIOLATIONS. access. Notices may be posted prominently at the is required, the United States Government may It shall be unlawful for any person willfully location if the United States Government is un- gain entry to such location in connection with to fail or refuse— able to provide actual written notice to such complementary access, to the extent such access (1) to establish or maintain any record re- owner, operator, occupant, or agent. is consistent with the Fourth Amendment to the quired by any regulation prescribed under this (3) CONTENT OF NOTICE.— United States Constitution, without obtaining title; (2) to submit any report, notice, or other infor- (A) IN GENERAL.—The notice required by para- either a warrant or consent. graph (1) shall specify— (b) ADMINISTRATIVE SEARCH WARRANTS FOR mation to the United States Government in ac- (i) the purpose for the complementary access; COMPLEMENTARY ACCESS.— cordance with any regulation prescribed under (ii) the basis for the selection of the facility, (1) OBTAINING ADMINISTRATIVE SEARCH WAR- this title; or site, or other location for the complementary ac- RANTS.—For complementary access conducted in (3) to permit access to or copying of any cess sought; the United States pursuant to the Additional record by the United States Government in ac- (iii) the activities that will be carried out dur- Protocol, and for which the acquisition of a cordance with any regulation prescribed under ing the complementary access; warrant is required, the United States Govern- this title. (iv) the time and date that the complementary ment shall first obtain an administrative search SEC. 242. PENALTIES. access is expected to begin, and the anticipated warrant from a judge of the United States. The (a) CIVIL.— period covered by the complementary access; United States Government shall provide to such (1) PENALTY AMOUNTS.—Any person that is and judge all appropriate information regarding the determined, in accordance with paragraph (2), (v) the names and titles of the inspectors. basis for the selection of the facility, site, or to have violated section 224 or section 241 shall (4) SEPARATE NOTICES REQUIRED.—A separate other location to which complementary access is be required by order to pay a civil penalty in an notice shall be provided each time that com- sought. amount not to exceed $25,000 for each violation. plementary access is sought by the IAEA. (2) CONTENT OF AFFIDAVITS FOR ADMINISTRA- For the purposes of this paragraph, each day (c) CREDENTIALS.—The complementary access TIVE SEARCH WARRANTS.—A judge of the United during which a violation of section 224 con- team of the IAEA and representatives or des- States shall promptly issue an administrative tinues shall constitute a separate violation of ignees of the United States Government shall search warrant authorizing the requested com- that section. display appropriate identifying credentials to plementary access upon an affidavit submitted (2) NOTICE AND HEARING.— the owner, operator, occupant, or agent in by the United States Government— (A) IN GENERAL.—Before imposing a penalty charge of the location before gaining entry in (A) stating that the Additional Protocol is in against a person under paragraph (1), the head connection with complementary access. force; of an executive agency designated under section (d) SCOPE.— (B) stating that the designated facility, site, 211(a) shall provide the person with notice of (1) IN GENERAL.—Except as provided in a war- or other location is subject to complementary ac- the order. If, within 15 days after receiving the rant issued under section 223, and subject to the cess under the Additional Protocol; notice, the person requests a hearing, the head United States Government’s rights under the (C) stating that the purpose of the complemen- of the designated executive agency shall initiate Additional Protocol to limit complementary ac- tary access is consistent with Article 4 of the a hearing on the violation. cess, complementary access to a location pursu- Additional Protocol; (B) CONDUCT OF HEARING.—Any hearing so re- ant to this title may extend to all activities spe- (D) stating that the requested complementary quested shall be conducted before an adminis- cifically permitted for such locations under Arti- access is in accordance with Article 4 of the Ad- trative judge. The hearing shall be conducted in cle 6 of the Additional Protocol. ditional Protocol; accordance with the requirements of section 554 (2) EXCEPTION.—Unless required by the Addi- (E) containing assurances that the scope of of title 5, United States Code. If no hearing is so tional Protocol, no inspection under this title the IAEA’s complementary access, as well as requested, the order imposed by the head of the shall extend to— what it may collect, shall be limited to the ac- designated agency shall constitute a final agen- (A) financial data (other than production cess provided for in Article 6 of the Additional cy action. data); Protocol; (C) ISSUANCE OF ORDERS.—If the administra- (B) sales and marketing data (other than (F) listing the items, documents, and areas to tive judge determines, upon the preponderance shipment data); be searched and seized; of the evidence received, that a person named in (C) pricing data; (G) stating the earliest commencement and the the complaint has violated section 224 or section (D) personnel data; anticipated duration of the complementary ac- 241, the administrative judge shall state his (E) patent data; cess period, as well as the expected times of day findings of fact and conclusions of law, and (F) data maintained for compliance with envi- during which such complementary access will issue and serve on such person an order de- ronmental or occupational health and safety take place; and scribed in paragraph (1). regulations; or (H) stating that the location to which entry in (D) FACTORS FOR DETERMINATION OF PENALTY (G) research data. connection with complementary access is sought AMOUNTS.—In determining the amount of any (e) ENVIRONMENT, HEALTH, SAFETY, AND SE- was selected either— civil penalty, the administrative judge or the CURITY.—In carrying out their activities, mem- (i) because there is probable cause, on the head of the designated agency shall take into bers of the IAEA complementary access team basis of specific evidence, to believe that infor- account the nature, circumstances, extent, and and representatives or designees of the United mation required to be reported regarding a loca- gravity of the violation or violations and, with States Government shall observe applicable envi- tion pursuant to regulations promulgated under respect to the violator, the ability to pay, effect ronmental, health, safety, and security regula- this title is incorrect or incomplete, and that the on ability to continue to do business, any his- tions established at the location subject to com- location to be accessed contains evidence re- tory of such violations, the degree of culpability, plementary access, including those for protec- garding that violation; or the existence of an internal compliance pro- tion of controlled environments within a facility (ii) pursuant to a reasonable general adminis- gram, and such other matters as justice may re- and for personal safety. trative plan based upon specific neutral criteria. quire. SEC. 223. CONSENTS, WARRANTS, AND COM- (3) CONTENT OF WARRANTS.—A warrant issued (E) CONTENT OF NOTICE.—For the purposes of PLEMENTARY ACCESS. under paragraph (2) shall specify the same mat- this paragraph, notice shall be in writing and (a) IN GENERAL.— ters required of an affidavit under that para- shall be verifiably served upon the person or (1) PROCEDURE.— graph. In addition, each warrant shall contain persons subject to an order described in para- (A) CONSENT.—Except as provided in para- the identities of the representatives of the IAEA graph (1). In addition, the notice shall— graph (2), an appropriate official of the United on the complementary access team and the iden- (i) set forth the time, date, and specific nature States Government shall seek or have the con- tities of the representatives or designees of the of the alleged violation or violations; and sent of the owner, operator, occupant, or agent United States Government required to display (ii) specify the administrative and judicial in charge of a location prior to entering that lo- identifying credentials under section 222(c). remedies available to the person or persons sub- cation in connection with complementary access SEC. 224. PROHIBITED ACTS RELATING TO COM- ject to the order, including the availability of a pursuant to sections 221 and 222. The owner, op- PLEMENTARY ACCESS. hearing and subsequent appeal. erator, occupant, or agent in charge of the loca- It shall be unlawful for any person willfully (3) ADMINISTRATIVE APPELLATE REVIEW.—The tion may withhold consent for any reason or no to fail or refuse to permit, or to disrupt, delay, decision and order of an administrative judge reason. or otherwise impede, a complementary access shall be the recommended decision and order (B) ADMINISTRATIVE SEARCH WARRANT.—In authorized by this subtitle or an entry in con- and shall be referred to the head of the des- the absence of consent, the United States Gov- nection with such access. ignated executive agency for final decision and

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 4637 Sfmt 6333 E:\CR\FM\A16NO6.066 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11033 order. If, within 60 days, the head of the des- tect, identify, and determine the conduct, type, tional security significance shall be declared or ignated executive agency does not modify or va- and nature of nuclear activities. be subject to IAEA inspection under the Addi- cate the decision and order, it shall become a SEC. 252. APPLICATION OF NATIONAL SECURITY tional Protocol. final agency action under this subsection. EXCLUSION TO WIDE-AREA ENVI- (b) INFORMATION OF DIRECT NATIONAL SECU- (4) JUDICIAL REVIEW.—A person adversely af- RONMENTAL SAMPLING. RITY SIGNIFICANCE.—No information of direct fected by a final order may, within 30 days after In accordance with Article 1(b) of the Addi- national security significance regarding any lo- the date the final order is issued, file a petition tional Protocol, the United States shall not per- cation, site, or facility associated with activities in the Court of Appeals for the District of Co- mit any wide-area environmental sampling pro- of the Department of Defense or the Department lumbia Circuit or in the Court of Appeals for the posed by the IAEA to be conducted at a speci- of Energy shall be provided under the Addi- district in which the violation occurred. fied location in the United States under Article tional Protocol. (5) ENFORCEMENT OF FINAL ORDERS.— 9 of the Additional Protocol unless the President (c) RESTRICTED DATA.—Nothing in this title (A) IN GENERAL.—If a person fails to comply has determined and reported to the appropriate shall be construed to permit the communication with a final order issued against such person congressional committees with respect to that or disclosure to the IAEA or IAEA employees of under this subsection and— proposed use of environmental sampling that— restricted data controlled by the provisions of (i) the person has not filed a petition for judi- (1) the proposed use of wide-area environ- the Atomic Energy Act of 1954 (42 U.S.C. 2011 et cial review of the order in accordance with mental sampling is necessary to increase the ca- seq.), including in particular ‘‘Restricted Data’’ paragraph (4), or pability of the IAEA to detect undeclared nu- as defined under paragraph (1) of section 11 y. (ii) a court in an action brought under para- clear activities in the territory of a non-nuclear- of such Act (42 U.S.C. 2014(y)). graph (4) has entered a final judgment in favor weapon State Party; (d) CLASSIFIED INFORMATION.—Nothing in this of the designated executive agency, (2) the proposed use of wide-area environ- the head of the designated executive agency Act shall be construed to permit the communica- mental sampling will not result in access by the tion or disclosure to the IAEA or IAEA employ- shall commence a civil action to seek compliance IAEA to locations, activities, or information of with the final order in any appropriate district ees of national security information and other direct national security significance; and classified information. court of the United States. (3) the United States— (B) NO REVIEW.—In any such civil action, the (A) has been provided sufficient opportunity SEC. 262. IAEA INSPECTIONS AND VISITS. validity and appropriateness of the final order for consultation with the IAEA if the IAEA has (a) CERTAIN INDIVIDUALS PROHIBITED FROM shall not be subject to review. requested complementary access involving wide- OBTAINING ACCESS.—No national of a country (C) INTEREST.—Payment of penalties assessed area environmental sampling; or designated by the Secretary of State under sec- in a final order under this section shall include (B) has requested under Article 8 of the Addi- tion 620A of the Foreign Assistance Act of 1961 interest at currently prevailing rates calculated tional Protocol that the IAEA engage in com- (22 U.S.C. 2371) as a government supporting acts from the date of expiration of the 60-day period plementary access in the United States that in- of international terrorism shall be permitted ac- referred to in paragraph (3) or the date of such volves the use of wide-area environmental sam- cess to the United States to carry out an inspec- final order, as the case may be. pling. tion activity under the Additional Protocol or a (b) CRIMINAL.—Any person who violates sec- related safeguards agreement. tion 224 or section 241 may, in addition to or in SEC. 253. APPLICATION OF NATIONAL SECURITY EXCLUSION TO LOCATION-SPECIFIC (b) PRESENCE OF UNITED STATES GOVERNMENT lieu of any civil penalty which may be imposed ENVIRONMENTAL SAMPLING. PERSONNEL.—IAEA inspectors shall be accom- under subsection (a) for such violation, be fined In accordance with Article 1(b) of the Addi- panied at all times by United States Government under title 18, United States Code, imprisoned tional Protocol, the United States shall not per- personnel when inspecting sites, locations, fa- for not more than five years, or both. mit any location-specific environmental sam- cilities, or activities in the United States under SEC. 243. SPECIFIC ENFORCEMENT. pling in the United States under Article 5 of the the Additional Protocol. (a) JURISDICTION.—The district courts of the Additional Protocol unless the President has de- (c) VULNERABILITY AND RELATED ASSESS- United States shall have jurisdiction over civil termined and reported to the appropriate con- MENTS.—The President shall conduct vulner- actions brought by the head of an executive gressional committees with respect to that pro- ability, counterintelligence, and related assess- agency designated under section 211(a)— posed use of environmental sampling that— ments not less than every 5 years to ensure that (1) to restrain any conduct in violation of sec- (1) the proposed use of location-specific envi- information of direct national security signifi- tion 224 or section 241; or ronmental sampling is necessary to increase the cance remains protected at all sites, locations, (2) to compel the taking of any action required capability of the IAEA to detect undeclared nu- facilities, and activities in the United States by or under this title or the Additional Protocol. clear activities in a non-nuclear weapons state; that are subject to IAEA inspection under the (b) CIVIL ACTIONS.— (2) the proposed use of location-specific envi- Additional Protocol. (1) IN GENERAL.—A civil action described in ronmental sampling will not result in access by Subtitle G—Reports subsection (a) may be brought— the IAEA to locations, activities, or information (A) in the case of a civil action described in of direct national security significance; and SEC. 271. REPORT ON INITIAL UNITED STATES paragraph (1) of such subsection, in the United (3) with respect to the proposed use of envi- DECLARATION. States district court for the judicial district in ronmental sampling, the United States— Not later than 60 days before submitting the which any act, omission, or transaction consti- (A) has been provided sufficient opportunity initial United States declaration to the IAEA tuting a violation of section 224 or section 241 for consultation with the IAEA if the IAEA has under the Additional Protocol, the President occurred or in which the defendant is found or requested complementary access involving loca- shall submit to Congress a list of the sites, loca- transacts business; or tion-specific environmental sampling; or tions, facilities, and activities in the United (B) in the case of a civil action described in (B) has requested under Article 8 of the Addi- States that the President intends to declare to paragraph (2) of such subsection, in the United tional Protocol that the IAEA engage in com- the IAEA. States district court for the judicial district in plementary access in the United States that in- which the defendant is found or transacts busi- SEC. 272. REPORT ON REVISIONS TO INITIAL volves the use of location-specific environmental UNITED STATES DECLARATION. ness. sampling. (2) SERVICE OF PROCESS.—In any such civil Not later than 60 days before submitting to the action, process shall be served on a defendant SEC. 254. RULE OF CONSTRUCTION. IAEA any revisions to the United States dec- wherever the defendant may reside or may be As used in this subtitle, the term ‘‘necessary to laration submitted under the Additional Pro- found. increase the capability of the IAEA to detect tocol, the President shall submit to Congress a undeclared nuclear activities in the territory of list of any sites, locations, facilities, or activities Subtitle E—Environmental Sampling a non-nuclear-weapon State Party’’ shall not be in the United States that the President intends SEC. 251. NOTIFICATION TO CONGRESS OF IAEA construed to encompass proposed uses of envi- to add to or remove from the declaration. BOARD APPROVAL OF WIDE-AREA ronmental sampling that might assist the IAEA ENVIRONMENTAL SAMPLING. SEC. 273. CERTIFICATION REGARDING VULNER- in detecting undeclared nuclear activities in the ABILITY AND RELATED ASSESS- (a) IN GENERAL.—Not later than 30 days after territory of a non-nuclear-weapon State Party MENTS. the date on which the Board of Governors of the by— IAEA approves wide-area environmental sam- Concurrently with the submission to Congress (1) setting a good example of cooperation in of the initial declaration list under section 271 pling for use as a safeguards verification tool, the conduct of such sampling; or the President shall notify the appropriate con- and each list update under section 272, the (2) facilitating the formation of a political President shall submit to Congress a report cer- gressional committees. consensus or political support for such sampling (b) CONTENT.—The notification under sub- tifying that— in the territory of a non-nuclear-weapon State (1) each site, location, facility, and activity section (a) shall contain— Party. (1) a description of the specific methods and included in the list has been examined by each sampling techniques approved by the Board of Subtitle F—Protection of National Security agency with national security equities with re- Governors that are to be employed for purposes Information and Activities spect to such site, location, facility, or activity; of wide-area sampling; SEC. 261. PROTECTION OF CERTAIN INFORMA- and (2) a statement as to whether or not such sam- TION. (2) appropriate measures have been taken to pling may be conducted in the United States (a) LOCATIONS AND FACILITIES OF DIRECT NA- ensure that information of direct national secu- under the Additional Protocol; and TIONAL SECURITY SIGNIFICANCE.—No current or rity significance will not be compromised at any (3) an assessment of the ability of the ap- former Department of Defense or Department of such site, location, facility, or activity in con- proved methods and sampling techniques to de- Energy location, site, or facility of direct na- nection with an IAEA inspection.

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 4637 Sfmt 6333 E:\CR\FM\A16NO6.066 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11034 CONGRESSIONAL RECORD — SENATE November 16, 2006 SEC. 274. REPORT ON EFFORTS TO PROMOTE THE an enormously positive step forward on When Sergeant Hollar wasn’t on ac- IMPLEMENTATION OF ADDITIONAL our relationships. tive duty, he lived with his family in PROTOCOLS. Not later than 180 days after the entry into I commend the chairman and ranking Thomaston, GA, and was employed by force of the Additional Protocol, the President member and the leader for bringing up the United States Postal Service as a shall submit to the appropriate congressional this topic. I believe this is going to postal carrier. committees a report on— help us cement the relationship back Sergeant Hollar made his community (1) measures that have been or should be and forth with us and India. It is im- and Nation better through selfless taken to achieve the adoption of additional pro- portant that we do this. It will help en- dedication to his career in public serv- tocols to existing safeguards agreements signed vironmentally and help energy-wise ice with the Georgia National Guard by non-nuclear-weapon State Parties; and but, more importantly, I believe it will and the U.S. Post Office. I have been (2) assistance provided by the United States to the IAEA in order to promote the effective im- be a very important strategic relation- contacted by many members of his plementation of additional protocols to existing ship. This is a key movement forward. community, and I am proud to join in safeguards agreements signed by non-nuclear- I hope we can move it forward through as part of their campaign to name the weapon State Parties and the verification of the the conference committee. I hope we Thomaston Post Office in his honor, compliance of such parties with IAEA obliga- can get it to the President in short and to be an original cosponsor of S. tions. order and show India and the rest of 4050, a bill to designate the facility of SEC. 275. NOTICE OF IAEA NOTIFICATIONS. the world this budding, growing, the Postal Service located at 103 East The President shall notify Congress of any strengthening relationship back and Thompson Street in Thomaston, GA, as notifications issued by the IAEA to the United forth. the ‘‘Sergeant First Class Robert Lee States under Article 10 of the Additional Pro- I commend Chairman LUGAR for such ‘Bobby’ Hollar, Jr. Post Office Build- tocol. insightful and supportive leadership on ing’’. Subtitle H—Authorization of Appropriations such an important topic. I believe this is a simple yet lasting, SEC. 281. AUTHORIZATION OF APPROPRIATIONS. I suggest the absence of quorum. way to recognize Sergeant Hollar’s There are authorized to be appropriated such The PRESIDING OFFICER. The service and sacrifice to our country. sums as may be necessary to carry out this title. clerk will call the roll. (The remarks of Mr. CHAMBLISS per- Mr. LUGAR. Mr. President, I move to The assistant legislative clerk pro- taining to the submission of S. Res. 615 reconsider the vote, and I move to lay ceeded to call the roll. are printed in today’s RECORD under that motion on the table. Mr. CHAMBLISS. Mr. President, I ‘‘Submitted Resolutions.’’) The motion to lay on the table was ask unanimous consent that the order (The remarks of Mr. CHAMBLISS per- agreed to. for the quorum call be dispensed with. taining to the submission of S. Res. 617 The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without are located in today’s RECORD under the previous order, the Senate insists objection, it is so ordered. ‘‘Submission of Concurrent and Senate on its amendment and requests a con- Mr. CHAMBLISS. Mr. President, I Resolutions.’’) ference with the House, and the Chair ask unanimous consent to speak as if The PRESIDING OFFICER (Mr. SES- is authorized to appoint conferees. S. in morning business. SIONS). The majority leader. 3709 is returned to the calendar. The PRESIDING OFFICER. Without Mr. LUGAR. Mr. President, the Sen- objection, it is so ordered. f ate has taken a historic step in approv- f MODIFICATION OF UNANIMOUS ing the United States-India Peaceful CONSENT ORDER Atomic Energy Cooperation Act. This HONORING OUR ARMED FORCES Mr. FRIST. Mr. President, I ask con- is critically important. Passage of the SERGEANT FIRST CLASS ROBERT LEE ‘‘BOBBY’’ bill takes one more important step to- HOLLAR, JR. sent that the order with respect to the ward a vibrant and exciting relation- Mr. CHAMBLISS. Mr. President, it is agriculture appropriations bill be ship between our two great democ- my honor and privilege today to pay modified to allow for the Senate to pro- racies. I thank all Senators for their tribute to Sergeant First Class Robert ceed at 2 o’clock on Tuesday, December cooperation in completing the Senate’s Lee ‘‘Bobby’’ Hollar, Jr. Sergeant 5, and for Senator CONRAD to be recog- consideration in such a short period of Hollar served his country as a civilian nized following the statements of the time. I thank especially Senator BIDEN and soldier and ultimately gave his life two managers; further, that following for his strong support and cooperation. to protect our Nation. Sergeant Hollar the remarks of Senator CONRAD, Sen- This has been truly a bipartisan effort served in E Troop, 108th Cavalry, 48th ator DORGAN be recognized to speak, from the beginning until final passage. Brigade of the Georgia National Guard, and that following those comments, We are committed to continuing this and was deployed to Iraq in May 2005 in Senator LANDRIEU be recognized to effort through the conference process. support of Operation Iraqi Freedom. speak for 10 minutes. It will be our in- Before yielding the floor, let me pub- On September 1, 2005, an improvised tention to vote around 5 or 5:15 on that licly thank Tom Moore of the majority explosive device struck Sergeant Tuesday and that will be the next vote. staff and Ed Levine of the minority Hollar’s vehicle while he was on patrol The PRESIDING OFFICER. Is there staff. They have become experts on the outside of Baghdad, and he died of se- objection? United States-India Peaceful Atomic vere injuries later that day. Sergeant The Senator from North Dakota. Energy and Cooperation Act. They Hollar is survived by his wife Amanda Mr. CONRAD. Mr. President, I thank have assisted the committee profes- and two sons. the majority leader for putting this to- sionally and skillfully in helping craft Throughout Sergeant Hollar’s 10 gether. It has been difficult. We under- the bill. years of courageous service in the U.S. stand that. I very much appreciate his I suggest the absence of a quorum. Air Force, and during his service in Op- steadfast effort to make this happen. The PRESIDING OFFICER. The erations Desert Storm and Desert On a bipartisan basis, many Senators clerk will call the roll. Shield, he was awarded numerous serv- in this Chamber appreciate very much The assistant legislative clerk pro- ice and achievement medals. Also, Ser- the opportunity to bring disaster as- ceeded to call the roll. geant Hollar was posthumously award- sistance to the Senate and to get a Mr. BROWNBACK. Mr. President, I ed the Purple Heart and the Bronze vote next Tuesday. ask unanimous consent that the order Star. The PRESIDING OFFICER. Without for the quorum call be dispensed with. Sergeant Hollar’s duties in Iraq went objection, it is so ordered. The PRESIDING OFFICER. Without beyond the daily routine of a soldier. The Senator from Ohio. objection, it is so ordered. Sergeant Hollar was a pen pal with the f Mr. BROWNBACK. Mr. President, I fourth grade class at Crescent Middle ask unanimous consent to make some School in Griffin, GA. To these stu- HONORING OUR ARMED FORCES brief comments congratulating the dents, Sergeant Hollar was a real-life SERGEANT MARK T. SMYKOWSKI chairman and ranking member. ‘‘G.I. Joe,’’ and his letters and visits Mr. DEWINE. Mr. President, I rise I think this is a big deal. I think it with them have forever touched their today to pay tribute to an extraor- will be seen as a big deal. I think it is lives. dinary young man who gave his life in

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.066 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11035 service to our Nation—Marine Sgt and would distribute toys and clothes known for his sincere desire to help Mark T. Smykowski from Mentor, OH. to the Iraqi children. His unit often others, his willingness to act, and his On June 6, 2006, Sergeant Smykowski joked that when it came time for the dedication to his friends, family, com- died when a roadside bomb exploded Iraqi elections, it would be Mark’s munity, and country. near his military vehicle in Fallujah, name at the top of the ballot. I conclude with the words of Mark’s Iraq. He was 23-years-old. ‘‘Mark was one of those marines who close friend, Matthew Neath: Mark was an outstanding marine who cared about the impact he had on the I know if he had to do it all over again, re- had a true sense of compassion for oth- people of Iraq,’’ said 1LT Craig Q. gardless of the outcome, he wouldn’t change ers. He cared deeply for his family and Reese, Mark’s platoon commander. ‘‘I a thing. friends, and they remember him as cannot count the number of times My wife Fran and I will continue to someone who struck a chord with ev- when I was with him when an Iraqi keep Mark’s family in our thoughts eryone he met. Although Mark was would recognize him from his last de- and in our prayers. only 23-years-old when he died, he un- ployment and smile. I saw first hand PRIVATE FIRST CLASS TIMOTHY J. HINES, JR. questionably lived life to the fullest. the influence he had on this culture. He Mr. President, this evening I rise to Mark grew up in Mentor, OH, grad- was truly attempting to make a dif- remember a brave young man, who uating from Mentor High School in ference.’’ gave his life in service to our Nation— 2000. He was the oldest member of a Mark’s mother Diana has pictures of Army PFC Timothy J. Hines, Jr., from group of young Marines known as the Mark with his arms around Iraqis, and Fairfield, OH. Private First Class Hines ‘‘Mentor Seven.’’ The seven of them one in which he is surrounded by al- was wounded on June 19, 2005. He was were a close and tight-knit group, and most 25 children. But, what she recalls riding in a military vehicle when a all but one had skated together on the most is a moment that she calls ‘‘life roadside bomb exploded near his con- Mentor High School hockey team. changing.’’ Worried about Mark’s safe- voy in Baghdad, Iraq. Severely injured, Mark inspired his fellow marines from ty, she had demanded to know ‘‘what he was transferred to the Walter Reed Mentor, and they in turn inspired him. the plan is over there?’’ Army Medical Center in Washington, Friend, Brian Halan describes Mark Mark’s reply had been quiet and con- DC, for treatment. Tragically, he as someone who was simply ‘‘cut from fident. ‘‘This mission is going to take passed away from his injuries a month a different cloth.’’ He said: us years, Mom,’’ he’d said. ‘‘These peo- later on July 14, 2005. He was 21 years I’ll always remember that no matter what ple have been brutalized for years. We of age at the time. we were doing, Mark could make the best of have to work with the children. We Growing up in Fairfield, Tim, as he anything. have to get the kids to trust us.’’ was known by friends and family, came According to Jack Smeltz, Mark’s Mark’s friends gave him many nick- to love two things: basketball and Katy hockey coach at Mentor High School, names—‘‘Tango’’ because he was tall Wessel. He and Katy met while they Mark was ‘‘an example of what a young and gangly and ‘‘Jacks’’ because he al- were both high school freshmen at Cin- person should be, as far as appreciation ways wore a jacket of the cinnati . Katy’s father of freedom and all it stands for.’’ Lumberjacks, the city’s International Jim remembers that when he first met Mark’s father, Bert, recalls that Hockey League team. But, perhaps the Tim, he could immediately tell that when it came time to get things done, most meaningful name is the one given the boy was ‘‘smitten’’ with his daugh- no one was more diligent and focused to him by the Iraqi children. To them, ter. In Jim’s words, that made Tim than Mark. As a marine, he took the he was simply ‘‘Mr. Ski.’’ ‘‘public enemy number one.’’ toughest assignments—paratrooper Throughout his time in Iraq, Mark But, that didn’t stop Tim. Before school and sniper school. And, after en- was undoubtedly supported by his long, he and Katy were high school listing for a second time, he began strong sense of faith. The last time sweethearts. And Jim, himself, came to training with a reconnaissance unit. Diana spoke with her son, she asked view Tim as a friend and as a son. Reconnaissance is one of the most dif- him if he were scared, and he said yes. Tim graduated from Cincinnati ficult jobs in the military, involving She then asked, ‘‘Mark, are you OK Christian School in 2002. Headmaster scout swimming, helicopter and sub- with God?’’ He replied, ‘‘Mom, you Wayne Beaver remembers that he was marine insertion and extraction tech- don’t have to worry. I’m good to go always positive—someone whose niques, and assault climbing. But for with God.’’ ‘‘classmates all liked him.’’ Tim and Mark, it was just another challenge— Mark will be missed by all who knew Katy got married after graduation, and and another opportunity to serve his him. His friends and family repeatedly Tim then enlisted in the Army in 2003. Nation. describe him as an extraordinary indi- He was assigned to the 720th Battalion, Those who knew Mark all agree that vidual, who was so devoted to the Ma- 89th Military Police Brigade, 64th Mili- he was the model of what a marine rines Corps. Pastor Tim Davis, speak- tary Police Unit, based in Fort Worth, should be. Fittingly, that is what he ing at Mark’s memorial service, de- TX. actually became—after boot camp he scribed him as ‘‘a gentleman who loved Tim’s unit shipped out to Iraq in was selected to be a poster model for his country and really believed in what February 2005. Although he found it the Marines Corps. Naturally, his he did.’’ hard to leave his family and friends, he younger brothers teased him ruthlessly Mark’s service to our Nation earned knew he was doing the right thing. Ac- about it. him many awards, such as the Navy cording to Katy, ‘‘he knew the obliga- According to his mom, Mark was and Marine Corps Achievement Medal tion he had to his country.’’ good looking—and knew it. During a with Combat Distinguishing Device, Indeed, Tim was a soldier devoted to career fair in high school, Diana saw Combat Action Ribbon, and the Meri- his mission and to our Nation. But, he two Marines recruiters. ‘‘Couldn’t you torious Unit Commendation. But, the also joined the Army out of a desire to just see Mark in that uniform?’’ she highest honor he earned was the re- protect those whom he loved. In the asked her husband, Ken. Apparently, spect and admiration of those who words of a sergeant in Tim’s unit: Mark could because by the time Diana knew him. Mark’s life has truly been I knew that I’d come upon a special soldier and Ken reached the table, he had al- an inspiration for others. His younger with great potential, whose character and ready signed up. brother, Darren, a Marine scout sniper, values were rooted in his love of his family, Mark was so much more, though, said, ‘‘I always did everything he did god, and friends. I believe he wanted to go to than an outstanding marine and a and went everywhere he went.’’ And Iraq not out of duty, but out of love for oth- handsome face. His compassion for oth- just this past summer, Mark’s younger ers. ers was unparalleled. He was simply brother Kenny followed in his footsteps Tim’s twin sister, Jenni, remembers one of those people who cares deeply and also enlisted in the Marines. that he was a great brother and and passionately about the needs of Indeed the world is a better place be- friend—someone who was always look- those around him. His comrades in Iraq cause Mark Smykowski was in it, and ing out for her. And that is also what recall the special bond he formed with I am honored that I was able to attend Tim was doing as a soldier—looking Iraqis—particularly the Iraqi children. his burial service at Arlington Na- out for his friends, his family, and his He became something of an ambassador tional Cemetery. He will forever be country. His service to our country

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.113 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11036 CONGRESSIONAL RECORD — SENATE November 16, 2006 earned him the Bronze Star, the Purple warmth, his humor, and his desire to you we shouldn’t be over here they should Heart, and the Army Good Conduct protect those he loved. He was a man have seen how happy this kid was when I cut Medal. we all aspire to be—someone devoted to him loose. Those who knew Tim remember him his family, his community, and his After signing his letter, Brett wrote as someone who always wanted to country. My wife Fran and I will con- ‘‘P.S.—Hang in there.’’ This was typ- make others laugh. His wife Katy says tinue to keep his family in our ical of Brett, according to his family. that he packed a lot of love into his life thoughts and in our prayers. Even while serving his country over- and simply had a spark that drew peo- LANCE CORPORAL WILLIAM BRETT WIGHTMAN seas, he was more concerned about oth- ple close to him. In photos, you can see Mr. President, this evening I rise to ers than himself. Brett’s friends and he was always smiling or trying to honor a fallen hero who gave his life former teammates describe him as a make someone else smile. during Operation Iraqi Freedom—LCpl person who would do anything for you. Tim enjoyed playing basketball. It William Brett Wightman, from Sabina, His stepsister Stephanie said: was a passion he shared with his best OH. He died on August 3, 2005, when a It didn’t take Iraq for him to be a hero to friend, Tim Hester. While in Iraq, Tim roadside bomb exploded under his mili- me. He’ll always be my hero. would e-mail Hester about the one-on- tary vehicle in Iraq. He was 22 years of Brett was committed to the Corps one games they would play when he re- age at the time. and the other marines in his unit. turned. Hester describes Tim as some- Brett—as he was called by family and While serving in Iraq, he received the one who was funny, kind, and loving. friends—was a true example of what it news that his grandmother had passed He said: means to be a ‘‘hometown hero.’’ away. Although deeply saddened, Brett Tim was always making people laugh. He Sabina is a small village in Clinton wrote that he would have to wait to was always joking around. That was one of County, OH, not too far from my home. take the time to grieve. In his words, my favorite parts about Tim. We could al- The high school Brett attended—East he had ‘‘to watch out for my Marines.’’ ways just joke around. But, we also had seri- Clinton High School—is carved out of According to his mother, this letter en- ous times together. You know, when things surrounding fields, fields of farmland. capsulated everything that Brett was were going wrong, we were there for each about. ‘‘He would do anything for any- other. Brett will never be forgotten there. He was prom king, a star on the basket- body at any time,’’ she said. Brett’s father, Keith, agreed: Tim’s father-in-law says it was a ball and track and field teams, and cap- treat to watch Tim with the family he tain of the school’s football team, the Things like that just make you feel that loved so much. He said: your child has grown up to be responsible,’’ Astros. He played fullback. He wore he said. ‘‘He did what he had to do. Not many Timothy James Hines, Jr. was a true hero. No. 44. He’s my hero. His faith in God, his dedica- kids his age take on the responsibilities of Everyone who knew Brett agrees the world. Every man and woman in the tion to his family, his love of life, his cour- that he died doing what he wanted to service is taking that on. age and strength, and his service to his coun- try have profoundly and forever impacted do—serving our Nation. Becoming a Brett’s Aunt Missy said that Brett’s me. member of the military had been his life ‘‘was just beginning, with a lot of Even in Tim’s darkest hour, he was dream ever since he was a little boy. ambition and a lot of hope. Unfortu- thinking of his family first. His moth- Brett’s aunt Missy said that Brett nately, it’s been cut short . . . [but] we er-in-law Kathi tells the story of when ‘‘would play with those G.I. Joes and know that he [was] happy, doing what Tim was wounded in Iraq: he’d say ‘I’m going to grow up and be he wanted to do all his life.’’ one of those guys.’ All of his life, that’s Mr. President and Members of the A buddy who stayed with him while they waited for help said all he talked about was all he would talk about.’’ Senate, Brett’s death was truly a loss [his wife] Katy, [his 2 year-old daughter] Brett joined the Marines while he for the entire Sabina community, the Lily, and the coming baby. He’s very devoted was still a junior in high school—young entire Clinton County community. In a to his family. He’s the kind of young man enough that he needed his parents to local bar named The Crow Bar, a lone any mother would want her daughter to come with him to enlist and give their can of beer stands on a shelf. ‘‘This marry. permission. The Reserves unit Brett beer is for Brett,’’ reads an attached Tragically, Tim died before the birth served with was Lima Company—Ma- sign. of his son, Noah. rine Force Reserve’s 3rd Battalion, 25th Before his Reserve unit was acti- As Ohioans have done so often in the Marine Regiment, 4th Marine Division, vated, Brett was working as a car- past, the community has rallied around based in Columbus, OH. Their story, of penter for a local home construction Tim’s family, offering comfort and sup- course, is one that I have talked about company. He was close to his cowork- port. More than 400 mourners attended on this Senate floor before and one ers, one of whom was a fan of Michi- his funeral to pay their respects to this that has touched hearts in Ohio and all gan-Ohio State’s football team. Before fallen soldier. And an anonymous across our country. On the day Brett a Michigan/Ohio State game, Brett donor gave a full scholarship to Cin- died, 13 other men in his unit died made a bet with him that the Buckeyes cinnati Christian School, Tim and alongside him. It was a tragedy felt by would win. They did win, and Brett en- Katy’s alma mater, for the education the entire State, and by our Nation. joyed his winnings—the privilege of of their children. Family members said Brett was frying his friend’s Michigan shirt on I would like to share with my col- proud of being a marine and was plan- the grill. leagues the words of Army BG Patrick ning to reenlist. His goal was to rise to Barb Howard is the mother of one of O’Reilly, who spoke at Tim’s funeral. the very top of the service. As his step- Brett’s hometown friends. She remem- This is what he said: sister Stephanie Finley said: bers Brett and other neighborhood It’s soldiers like Timothy Hines who serve When I talked to him a month ago, he said youngsters lounging around her house and guard our way of life. But, it’s not just he loved what he was doing. He said he would after their pee-wee sports games, eat- the soldier who pays the price for freedom. go back if he had to. ing food and watching movies. This The families also give so much, and you too According to his mother, Pam, she group of boys remained friends while have sacrificed. received a letter from her son that she playing high school sports, and Brett I would also like to share what Tim’s will cherish forever. In it, he described became like a son to her. ‘‘It’s like a wife Katy has said about her husband— finding a child while searching Iraqi piece of you is gone,’’ Barb reflected. truly the love of her life: houses for material to make impro- Justin Stewart plays football for the Tim was a fighter. He fought hard for his vised explosive devices. The child was Astros. He said he had admired Brett country, family, and ultimately, his life. He chained to the wall, and it was Brett ever since the third grade, when the was a loyal husband and father and an in- and his fellow marines who rescued older Brett would help him with his credible American. There is a price for free- him. It was a day of the utmost impor- pee-wee football drills. ‘‘I am proud of dom, and Tim paid the ultimate price. Now tance for Brett, and this is how he de- him,’’ Justin said. ‘‘I am just happy he he is in the loving arms of God. scribed it: was over there fighting.’’ I am honored that I had the oppor- One of the kids was chained up to a wall by As captain of the East Clinton foot- tunity to attend Tim’s funeral, where his ankle with a dead lock. He looked like he ball team, Brett was more than a sup- his family and friends talked about his had been there for months. If anyone tells portive teammate—he was a leader

VerDate Aug 31 2005 03:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.114 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11037 with responsibility. This focus on ROYALTY RELIEF perately needed in Texas, Louisiana, teamwork and this commitment to Ms. LANDRIEU. Mr. President, I rise Mississippi, and Alabama in the next helping others explain Brett’s desire to to speak about amendment No. 5189 few years. If this amendment is passed, become a marine, and also explains that is pending to the Agriculture Ap- coupled with the bill we have already what kind of marine he became. propriations bill. passed, we will have some immediate Brett’s funeral was on the football According to the unanimous consent funding to begin the project of saving field at East Clinton High School, and agreement entered into a few moments our wetlands and securing the energy over 1,000 mourners attended to salute ago, when we return in December we infrastructure that is a tremendous the young marine. Rev. Carey will take up an amendment by Senator asset to the Nation. This isn’t just Hilterbran, who had known Brett since CONRAD and I will have time after that about helping Louisiana, Texas, Mis- he was a boy, assured the crowd that it amendment to speak again about this sissippi, and Alabama. This is about was not a day for sorrow—Brett had issue. It is an issue that I believe we protecting a great coastal wetland that died living his dream. ‘‘[Brett] wasn’t have an opportunity to resolve before came under tremendous challenge with afraid,’’ he said. ‘‘He had a good this Congress comes to an end. Accord- Katrina and Rita and will come under mindset, and he knew what he wanted ing to the schedule we are operating challenges again. We most certainly to do.’’ While Reverend Hilterbran was under, we only have a few more weeks can recover this money, $11 billion, speaking, the members of the Astros to get our work done. There is a great that does belong to the taxpayer. It football team—wearing their red and deal of work that has to be done and a was a mistake, a very bad mistake that white jerseys—stood silently at atten- few things that can in fact be done on was made. We can recover some of that tion. a bipartisan basis. This is one of them. money and most of it can go to deficit Schuyler Streber was one of Brett’s Both leaders have expressed their reduction. If anyone hasn’t noticed football teammates. In his words, the commitment to helping the Senate re- lately, we have quite a deficit to tack- world is going to be a lesser place with- solve the issue of expanded offshore le. Some of this money could go to def- out Brett Wightman in it. Standing on drilling so we can provide more oil and icit reduction, and some of it could go the East Clinton football field, gas for a country that is running short. to the States under a program already Schuyler said that ‘‘sometimes you Four States—Louisiana, Texas, Mis- authorized, already supported in a bi- want to laugh because of some of the sissippi, and Alabama, America’s en- partisan way, already in the law, called things we did out here together, and ergy coast—have been proudly hosting the OCS Program where this money [sometimes] you want to cry because of this industry for over 60 years. We have would be directed. the more emotional times. And to contributed literally billions of barrels I thank my colleagues for allowing think I’m here right now and he’s not— of oil, trillions of cubic feet of gas, and me to speak tonight. I have filed the that’s something that’s hard to face. much money from the royalties paid amendment so Members could consider ... We’ll all miss him very much.’’ has gone to the Treasury. But this is a it on our break through the holiday Duane Richard is a young artist who problem we have to solve. It goes back and come back and try to restore this did not personally know Brett to the 1998–1999 lease arrangements en- money to the Treasury, help take the Wightman. But he was so moved by the tered into by Minerals Management. deficit down, and let’s get started sav- young Marine’s sacrifice that he paint- This has been widely reported. It has ing these wetlands and protecting the ed a 30-foot-wide mural of Brett on the also been the subject of several hear- coast which is so vital to the economic side of Duane’s parents’ barn. He lined ings in the Senate and the House. future of the Nation. the image with 13 American flags—one Very simply, the Department made a I thank my colleagues for their pa- for each of the Lima Marines killed series of mistakes. Those mistakes are tience. during the roadside bombing. The barn being looked at to determine how and is along Snow Hill road in Sabina, and I yield the floor. when and under what circumstances. The PRESIDING OFFICER. The Sen- people stop everyday to gaze at the But the fact is, although all the facts mural and take pictures. ator from Illinois. are not out yet, we do know that a seri- Mr. DURBIN. Mr. President, I ask The artwork reflects Brett’s honor ous mistake was made. When these and courage, as well as the great re- unanimous consent to be recognized as contracts were entered into, there was in morning business. spect that his fellow Americans have no price threshold in them. When my for his sacrifice. In Duane’s words, The PRESIDING OFFICER. Without predecessor Bennett Johnston wrote Brett was a ‘‘true American hero.’’ objection, it is so ordered. the Royalty Relief Act, which he did Brett Wightman put his life on the Mr. DURBIN. I thank the Senator line to preserve the freedoms that we with some of his colleagues, it was al- from Louisiana. I hope the people of Americans hold dear. He cherished ways intended to be an incentive if the her home State are watching carefully. hometown values and the importance price of oil was low. At the time the Senator LANDRIEU, even before Hurri- of helping those around him. His fam- bill was written, the price of oil was $17 canes Katrina and Rita, worked very ily and friends will never forget him. a barrel. We wish that were true today. hard for her State. But since then, it ‘‘Brett will never be in the past,’’ as his But it was true back in the early to has been nonstop. She is not the only mother Pam so beautifully said. mid-1980s, when this bill was written. one. There are many elected officials Indeed, Brett will never be forgotten. As the process went on and these who are doing everything they can to My wife, Fran, and I continue to keep leases were entered into, the price help the families and businesses and Brett and his family in our thoughts threshold was left out. So now the others who were devastated. But I com- and prayers. price of oil is $70 a barrel, or it has mend her to be here so late at night I yield the floor. been recently, and what happened was, speaking up for her State again. I hope The PRESIDING OFFICER. The Sen- because the thresholds were not in she is successful with her amendment ator from Louisiana. there, the companies didn’t have to pay which would bring resources to her Ms. LANDRIEU. Mr. President, those royalties. The bottom line is, we have State that are badly needed as post- were three of the most beautiful trib- lost to date $1.3 billion. It is estimated Katrina construction continues. utes I have heard any of our colleagues that we could lose as much as $10 to $12 give about the men and women who billion; that is, the Federal Treasury. f have died in service to this country. It My amendment has already been was truly a testament to the strength filed. If the Senate agrees to the SENATOR MIKE DeWINE of the Senator from Ohio, his caring amendment, it will fix that situation Mr. DURBIN. Mr. President, a few and compassion for the people of Ohio without violating contracts. We have moments ago, our colleague from the that he and his team would take the established a way for Minerals Manage- State of Ohio, Senator MIKE DEWINE, time to compile such beautiful memo- ment to basically renegotiate the con- gave tribute to three Ohioans who lost ries of these three young men and to tracts. The taxpayers could then re- their lives in Iraq. I listened to these share them with us in the CONGRES- cover that money, and a portion of the carefully and I hope others did as well. SIONAL RECORD as he did. I thank him money would then be used for the They were beautiful life stories, beau- for those beautiful tributes. coastal restoration efforts so des- tifully written, beautifully spoken by

VerDate Aug 31 2005 04:56 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.115 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11038 CONGRESSIONAL RECORD — SENATE November 16, 2006 the Senator. I went up to him after- fourth year of an anniversary of the equal treatment for those suffering wards and asked him how many Ohio- death of our colleague Senator Paul from mental illness. Paul’s family had ans had lost their lives in Iraq. He said Wellstone of Minnesota. been stricken with mental illness, and the number was 140. He has given 90 I look back on a career of service in hardly any family in America has been tributes on the floor and hopes before the House and Senate and remember a spared. He knew firsthand what it he leaves the Senate in a few weeks to handful of very special people who meant to suffer from mental illness finish the last 50. He is determined to passed on or left this institution. One and not be able to afford a doctor’s get it done as a tribute to these fami- of those was Paul Wellstone. What an care or the medicine needed by people lies. He said: It is about all we can do, extraordinary fellow. The most un- who are suffering from it. He worked isn’t it? He is right. It says a lot about likely Senator you would ever see. He with Senator DOMENICI from New Mex- MIKE DEWINE, a lot that many of us al- just didn’t look the part at all. Maybe ico, a Republican, on passage of legisla- ready knew. that is why he did so well in Minnesota tion for equal treatment under health I came to Congress with MIKE in 1982. and was so effective here. He was cut insurance for those suffering from men- I recall we were both elected to the from a different mold. He used to sit tal illness. House of Representatives. I was from back here in the last row, and he would The Surgeon General determined in a the central part of Illinois and he was stand and speak. He would stand in the 1999 report that mental illness is large- from Ohio. We had a dinner at the middle of the aisle as he spoke and ly biologically based and effective White House. I recall that his wife would kind of saunter around. He had a treatments exist. It is a disease that Fran, who had just had a baby a few back injury from wrestling. He loved can be treated. In 1996, Senators days before, came in her beautiful wrestling; not the kind you see on tele- DOMENICI and Wellstone championed a gown with her husband MIKE in a tux- vision but real collegiate wrestling. His bill requiring insurers to offer mental edo, carrying a basket with their baby involvement in wrestling cost him health care and to offer comparable in it. They sat down next to Loretta some back injuries that haunted him benefit caps for mental health and and myself for dinner with President his entire life. So he would walk with a physical health. But there was a big Reagan that night. I have joked about kind of a cantered gait as he went back loophole in the bill, and they knew it. that because I met that little girl re- and forth on the aisle and all around The bill didn’t require group health cently. She has grown up now, and we the Senate. plans to include mental health cov- remembered the first time we ever laid But people didn’t remember that erage as a benefit. Even with the 1996 eyes on her. part. They remembered what he had to law in place and 22 States mandating MIKE and I have worked on so many say and they remembered what was in full parity, mental health services con- things—the global AIDS epidemic. He his heart. Paul Wellstone used to say tinued to be subject to higher limita- has been my go-to guy on the Repub- that he thought there were two nec- tions than other health treatments. lican side of the aisle. When I had abso- essary ingredients for success in public The parity law in place that I re- lutely given up any hope of passing leg- service. One was hard work; the other ferred to expires at the end of this islation for hundreds of millions of dol- was passion. He had both of them. No- year. I hoped 4 years ago, when we were lars to save hundreds of millions of body worked harder for everything he caught up in the emotions of Paul’s lives, MIKE managed to help out in believed in and for his State of Min- death, that we would come back and many different ways. nesota, and nobody came to these pass legislation that he called for and He invited me once to travel to Haiti issues with more passion. worked for with Senator DOMENICI. with him. Haiti is a DeWine family I can recall the last time I saw him. Four years have passed and it hasn’t project. MIKE and Fran have made over He was a few feet away from me here. happened. Many people continue to suf- 15 trips to that poor island and have It was the night we cast our vote on fer, continue to go without the basic met with so many people there in or- the Iraqi war. It was a vote that was a care they need. phanages and on streets trying to help hard one. Nobody cared for Saddam Resolutions come and go, and very them. There is a little school in Port- Hussein. Nobody wanted to see him few people pay much attention to au-Prince, the Becky DeWine school, continue in power. We certainly want- them. I don’t think this will be a lead named after MIKE and Fran’s late ed to protect our country. But there line in any newspaper in America, but daughter. They have poured more love were genuine concerns felt by many of the purpose of this resolution is to put and resources into that school for some us as to whether we really understood the Senate on notice that it has been of the poorest kids on this planet than what ahead in that war, the threat the fourth anniversary of the death of we could ever count. They worked to- to the United States, and whether we a man we loved in the Senate, Paul gether with Father Tom of Hands To- were being told everything we needed Wellstone, and also to urge us to re- gether and so many other great char- to know. member his mission in the Senate ities that have done such work. Twenty-three of us voted against the when it came to mental health. The As I listened to MIKE tonight give his war that night. I was one, Paul purpose clause of this resolution reads: tributes to these Ohio soldiers, I was Wellstone was another. It was even Congress should act to end discrimination reminded what a quality individual he later than now that night, and I came against citizens of the United States who is. Elections come and go. People win to the well on the floor to say goodbye live with a mental illness by enacting legis- and people lose. But the quality of to Paul because we were both off for lation to provide for the coverage of mental MIKE DEWINE’s service to the Senate the reelection campaigns of 4 years health benefits with respect to health insur- on behalf of the people of Ohio is writ- ago. I came over to wish him well, and ance coverage. ten large in the history of this institu- I said, ‘‘Paul, I hope that vote doesn’t I would like the language to be tion. cost you the election.’’ He said, ‘‘You stronger, but I understand this was the I thank him for his friendship and for know, it is OK if it does because that is best we could do this evening. We can his leadership. I wish him, Fran, and what I believe and that is who I am. prove that Paul Wellstone was right the entire family the very best in The people of Minnesota would expect and that we care about his legacy by whatever their future endeavors might nothing less from me.’’ It was the last enacting this legislation when we re- entail. time I ever saw him. He went home, turn. I will be working with Senator f and within 2 weeks he was killed in a KENNEDY, Senator ENZI, and all of my plane crash with his wife and staff colleagues to do our best to make sure SENATOR PAUL WELLSTONE members. that does occur. Mr. DURBIN. Mr. President, in a few I went up to the memorial service for f moments there will be a number of res- Paul. There was an amazing turnout at olutions offered on the floor of the Sen- the University of Minnesota in tribute DARFUR ate on a variety of different issues. to this small-in-stature but great-in- Mr. DURBIN. Mr. President, I come Some of them have been spoken to. A service Senator from Minnesota. The to the floor tonight because during the resolution which I have offered is re- one thing that he returned to over and break, I sat and watched ‘‘60 Minutes’’ lated to the fact that we are in the over again was the issue of fairness and with my wife one evening. During the

VerDate Aug 31 2005 04:56 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.118 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11039 course of the program, there was a seg- ally gone there to apologize that the Rwandan peacekeepers have been ment on the horrible situation that is United States didn’t do more. among the most effective in Darfur. now occurring in Darfur in the nation Mr. President, let’s fast-forward to Maybe the memory of their own geno- of Sudan on the continent of Africa. I today. Today is not Rwanda. Today it cide brings them to this mission of have been blessed and lucky to visit Af- is Darfur. I come to the floor today to mercy. They are also among the most rica several times. I am drawn back talk about the ongoing tragedy in frustrated that they cannot do more every time I leave. I think I have to get Darfur, Sudan, and to report that and the world refuses to engage. back there; there is so much more I amidst all of the sad comments about Twelve years ago, Canadian General need to see. I don’t know whether it is what is happening there, a ray of hope Romeo Dallaire was a U.N. commander that it is the cradle of civilization and broke through today. stationed in Rwanda during the geno- that is where the first remnants of Darfur is in a distant corner of the cide I have described. He begged for early human life have been found, but world, but it is familiar to millions of more troops from all over the world. He Africa draws you back to those roots us in America. It has come home to begged for more ammunition. He and origins. many of us through news stories and begged for the authority to stop the The last time, I took a trip with Sen- photos about women being brutalized, killing in Rwanda. He was ignored. He ator BROWNBACK of Kansas. We went to families murdered, and villages being got nothing. Hundreds of thousands of Rwanda, which, of course, is a country burned. The violence has gone on for people died needlessly. He managed to that conjures immediately an image of over 3 years. save some, but for the most part he horrible death and suffering. Over 10 The U.N. news service reports from could only stand helplessly watching as years ago, genocide occurred in Rwan- yesterday describe more attacks by the a witness to the slaughter. da. We look back now on the deaths of jingaweit militia in south Darfur. More Today, Rwandan peacekeepers lack hundreds of thousands of innocent peo- villages were burned and more crops the means and the authority to stop ple and realize that the United States were destroyed. The U.N. news reports another genocide. Like Dallaire, they basically stood by idly and watched describe how humanitarian personnel need the world to act. What is needed that occur. President was in west Darfur had to be evacuated be- is a much larger, more robust peace- in office at the time and was urged by cause of growing threats to their safe- keeping force, and it is needed urgently many Members of Congress, including ty. And violence in Darfur has spread right now. my predecessor, Senator Paul Simon of to neighboring eastern Chad and the Eric Reeves, a professor of literature Illinois, to send some type of military Central African Republic. At least who has become the unofficial chron- force to try to stop the killing. 200,000 people have died. More than 2 icler and probably the foremost expert When we visited Rwanda, Senator million people have been displaced on the genocide in Darfur, writes: BROWNBACK and I stayed in the now fa- from their homes. Today, 4.5 million The people of Darfur have been abandoned. mous Rwanda Hotel, known as Des people are at risk in Darfur and eastern Given how clearly and predictably genocidal Mille Collines, which means a thousand Chad. Hundreds of thousands are in events have unfolded over most of the past desperate need but beyond the reach of three and a half years, this failure now ex- hills. It is in the city of Kigali in ceeds in all too many ways the shameful Rwanda. As we stayed there and I saw humanitarian organizations. As I said, international acquiescence before the 1994 this hotel, having seen the movie, I was this has gone on for more than 3 years. genocide in Rwanda. Last May, the Sudanese Government haunted by the images of that movie, Those are the words of Mr. Reeves. how that hotel had become a refuge signed a peace agreement with one of U.N. Secretary General Kofi Annan during the genocide and people the major rebel groups that it had been today convened a high-level meeting in streamed in from all over Rwanda be- battling, but violence since then has Ethiopia to find a way beyond this im- cause they knew this hotel manager only increased. In that agreement, the passe and to finally break through with was doing his best to protect them. Khartoum Government promised to help for these people. U.S. Special They were drinking water, after the disarm the jingaweit, which have ter- Envoy to Sudan, Andrew Natsios, is regular supplies were cut off, out of the rorized Darfur. Instead of disarming there. So are representatives from the swimming pool because it was the only them, the Government in Khartoum is other permanent members of the Secu- place to turn. As I looked down at the remobilizing and rearming the mili- rity Council, the Arab League, and the pool, I could not imagine people scram- tias. They have even given these mili- European Union. The Sudanese Govern- bling along the edges of the pool to find tiamen, who were killing and burning ment is also officially attending. They water for themselves and their chil- and raping and pillaging, uniforms to are there to find a way to get peace- dren. As you walked through the halls, wear. keepers on the ground in Sudan in a On November 5, a reporter for Reu- you thought of the people huddling section of that country as large as the ters news organization described the there and praying they would not be State of Texas. beaten or macheted to death at any impact of this remobilization of the Whether the peacekeepers come given moment. militia: under the U.N. title or through some Down the hill from the hotel is a Arab militias on horses and camels wear- other combination with the African ing pristine uniforms and carrying brand —a red brick church, Union, they are desperately needed. simple and plain. I went in there early new guns attacked three villages, killing dozens, mostly children. One witness told the The title doesn’t mean much; it is the in the morning and looked inside as reporter, ‘‘They took the babies and children mission that counts. It must be large those who were waiting for mass gath- from their mother’s arms, beat the women enough, well equipped enough, and ered. I thought: This is an interesting and shot the children. . . .’’ And they said to with the mandate and authority to pro- gathering place at 6 a.m. I went back the mothers, ‘‘We are killing your sons and tect the people of Darfur. to the hotel and asked about it. It when you have more, we will come and kill The latest news reports indicate that turns out that 1,200 people were killed them, too.’’ they may have made progress in their in that church. They were seeking asy- The U.N. Security Council has passed meeting, and we pray to God they did. lum and refuge in the church, and the resolutions condemning the violence Kofi Annan announced today that people who were determined to kill and authorizing a U.N. peacekeeping Sudan has accepted in principle a them came in and hacked them to mission of more than 20,000 troops. But United Nations-African Union mission death on the stones of the very church the Government of Sudan has refused in Darfur, but there has been no agree- I visited. That was 10 years ago. We did to allow the peacekeepers in the coun- ment as to the number of troops that nothing. We could not even bring our- try. Presently, there are 7,000 African will be accepted and deployed. selves in America to use the word Union monitors in Darfur, but they are I hope this is truly a breakthrough ‘‘genocide’’ to describe what was going outnumbered by Sudanese forces by 200 and not more empty rhetoric from the on. to 1. The African Union forces do not Government of Sudan. I think President Clinton would be have the mandate or the means to pro- Today’s news reports are full of new the first to admit that this is one of tect people, although some com- killings in Darfur. The Darfur peace- the chapters of his Presidency that he manders have tried to make a dif- keeping force must have the capa- is not proud to recount. He has person- ference in their local areas. bility, the numbers, and the authority

VerDate Aug 31 2005 04:56 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.119 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11040 CONGRESSIONAL RECORD — SENATE November 16, 2006 to preempt, prevent, deter, and respond time when very few people had medical the needs of people without health insurance to attacks on civilians and to protect insurance. Such is her dedication to or money to pay their doctors’ bills. ‘‘I seen the camps of those who have been dis- the people of eastern Kentucky she so much suffering, since I was a little girl. placed. There must be a clear time- soon gave up her home to house the ex- There was no affordable health care at all for people without health insurance, people table to make this happen, and it must panding clinic, moving herself and her without money. We just stayed home, sick or start now. The violence in Darfur has young family into much smaller hous- whatever. People died for lack of a tetanus spilled beyond its borders. Villages in ing. shot or something,’’ she told the Courier Chad are burning. At 78 years old Ms. Hall continues to Journal last year. For too long the world has done too work in the clinic every day, usually The Kentucky Transportation Cabinet’s little. I hope today’s reports represent starting at 8 in the morning and going Executive Director for Highway District 12, a breakthrough that Sudan will, in- late into the evening. Danl Hall, will emcee a ceremony that will Recently the Kentucky General As- feature speakers such as Senator Turner, deed, accept the peacekeeping mission Rep. Meade, Social Security Administration that is so badly needed in Darfur. sembly passed a resolution to rename Area District Manager Jim Kelly and Big Mr. President, we never know if any Kentucky highway 979 the Eula Hall Sandy Health Care CEO Ancil Lewis. U.S. word spoken on the floor of the Senate Highway. On October 24, 2006 The Pike Congressman Hal Rogers will be represented or even heard or noticed will make a County News Express profiled Eula by Tonya Conn. difference. I guess the purpose of my Hall and her accomplishments and sac- Born in Greasy Creek in Pike County, Eula speech this evening is for my own sat- rifices for the people of Kentucky. didn’t start school until she was nine years I ask unanimous consent that the old. She remembers on her last day of isfaction. I sat there with my wife, and the eighth grade because she knew she full article be printed in the RECORD we watched that ‘‘60 Minutes’’ program couldn’t continue her education. The closest about these helpless people who are the and that the entire Senate join me in high school was about 20 miles away, and victims of this genocide in Darfur, and paying respect to this beloved Ken- there was no school bus that came that far she turned to me and said: Isn’t there tuckian. out in the county. She had six brothers and something you can do? There being no objection, the mate- sisters; her parents didn’t have a car; and as Well, I gave a speech. I wish I could rial was ordered to be printed in the farm workers they certainly didn’t have the RECORD as follows: money for boarding school or college. do more. I wish I had the power of the Years later, as a young mother raising five President. I wish I had the power of the [From the Pike County News Express, Oct. children on her own, she realized anew the United Nations. I wish I had the power 24, 2006] terrible toll that lack of proper health care to send the troops to protect these poor KY 979 THROUGH MUD CREEK TO BE RENAMED took on people without money or insurance. people. But when the record is written ‘‘EULA HALL HIGHWAY’’ She organized screening using medical stu- of this time, I hope that at Friday, October 27, at 1:30 in the afternoon, dents from UK and Vanderbilt as well as vol- least we spoke up, at least we spoke friends and colleagues of Eula Hall are in- unteer nurses and physicians. They found the word ‘‘genocide,’’ a word we were vited to gather at the Mud Creek Clinic on undiagnosed tuberculosis, pneumoconiosis (black lung), diabetes, heart disease, and even afraid to mouth during the Rwan- KY 979 at Grethel to celebrate the life and accomplishments of a brave mountain high blood pressure. In 1973 she managed to dan crisis. get a clinic licensed to operate on Mud Creek We know what is happening. In just a woman. As a result of a resolution passed unanimously by the Kentucky General As- in Floyd County. The Mud Creek Clinic few short days, many of us will be sit- sembly the entire road KY 979 from Harold opened in a rented house on Tinker Fork, ting around with our families giving to Hi Hat—will be re-named Eula Hall High- which it quickly outgrew. Hall moved the fa- cility to her own home on Mink Branch. Her thanks for all the blessings we have in way. The resolution was introduced by State house was bigger and easier to get to. But it this great country, and we have so Rep. Chuck Meade and State Senator Johnny meant moving her family into a mobile many: our wealth, our prosperity, our Ray Turner. For the past 40 years, Eula Hall had prob- home. happiness, our families. I hope for a Eula Hall picked up patients and took ably traveled Mud Creek—Kentucky Route moment that the people of this country them home because many of them had no 979—more than anyone else. She was a will reflect on the less fortunate and transportation, or at least none that was re- woman with a mission to bring quality liable. She delivered food and medicine. Now remember this tiny country, Sudan, health care to people who had no medical in- she even works to get people their rightful and this great continent of Africa that surance and not enough money to pay for Social Security and other benefits, winning is now sadly the site of the first serious things like visits to the doctor, shots, pre- more cases than some attorneys, according genocide of the 21st century. We need scription medicine, much less surgery, phys- to many observers. to do so much more. ical therapy, and other more expensive treat- By 1977 the clinic merged with Big Sandy Mr. President, I yield the floor and ments and procedures. She’s made it her Health Care, which remains its parent orga- suggest the absence of a quorum. life’s work to make sure that no one within nization today. The PRESIDING OFFICER. The her reach goes without the basic health care Five years later, the clinic burned to the they need to live full productive lives. ground. ‘‘We didn’t miss a day,’’ Hall re- clerk will call the roll. And now that road where it all started, the The assistant legislative clerk pro- called. ‘‘We set up shop on a picnic table two-lane state highway that runs through under the trees.’’ ceeded to call the roll. Mud Creek from Harold to Hi Hat, will be re- Mr. FRIST. Mr. President, I ask The new Mud Creek Clinic opened in 1984, named Eula Hall highway in honor of the thanks to $320,000 from the Appalachian Re- unanimous consent that the order for woman who brought hope and healing to gional Commission and dozens of quilt raf- the quorum call be rescinded. thousands. ‘‘She had little education. She fles, chicken and dumpling dinners, a radio- The PRESIDING OFFICER. Without had no financial resources of her own. She thon, and other local fundraising efforts. objection, it is so ordered. had five children to raise by herself. By all Now there are 24 employees, including two accounts her life should have barely been no- f full-time physicians, a full-time certified ticed outside of the family and close physician assistant, and a part-time doctor. MORNING BUSINESS friends,’’ said Sara George, Information Offi- The clinic is housed in a modern brick build- Mr. FRIST. Mr. President, I ask cer for Highway District 12. ‘‘But if you ing with another facility behind it that unanimous consent the Senate now think like that, you don’t think like Eula houses a dental clinic and food pantry. Eula Hall. She never met a problem she couldn’t proceed to a period of morning business Hall is 78 years old, but still goes to work at face head on, never met a person she couldn’t 8 o’clock every morning. with Senators permitted to speak for relate to, and never took ‘no’ for an answer Last year Eula was presented an honorary up to 10 minutes each. when it came to the health and well being of from Berea College at the same The PRESIDING OFFICER. Without the people of her neck of the woods. She is ceremony which honored Archbishop objection, it is so ordered. humble, yet tough; gracious yet tenacious; Desmond Tutu, a winner of the Nobel Peace f and she is probably the most revered, re- Prize. She also holds an honorary doctorate spected, and loved person in Mud Creek, and from Trinity College, Harford, Connecticut, TRIBUTE TO EULA HALL rightly so.’’ and one from the Pikeville College School of Mr. MCCONNELL. Mr. President, I Eula looks at her life from a practical Osteopathic Medicine. rise before you today to honor a great viewpoint. ‘‘Nothing won’t happen if you sit ‘‘I appreciate (the awards),’’ she said. ‘‘But back and watch the suffering of other peo- I never done anything to get awards. I do it humanitarian and fellow Kentuckian, ple.’’ It’s a simple motto and one that she because I need to. Somebody needs to.’’ Eula Hall. lives by. Clinic patients, neighbors and friends, and Over 30 years ago Ms. Hall opened a More than 30 years ago, Hall opened the many local elected and appointed govern- medical clinic in Pike County, KY, at a Mud Creek Clinic in Floyd County to serve ment officials will come together on Friday

VerDate Aug 31 2005 04:56 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.121 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11041 to honor Eula Hall once again, this time by times, it was rough.’’ Then she looked WMTC are where we are today. I thank him naming in her honor the road she’s traveled admiringly at Seldon and spoke softly with a for his leadership and kindness.’’ At that so many years. The public is invited to at- smile. ‘‘Seldon, he’s a great guy. I don’t point, Cox presented Seldon with the J. T. tend and join Eula afterwards for a reception know what I’d do without him. He’s wonder- Whitlock Life Member Award from the Ken- hosted by Big Sandy Health Care. ful. I can’t brag on him enough.’’ tucky Broadcasters Association. ‘‘J. T. was a Neither could some in the room, like his great friend of mine,’’ Seldon said of the f old friend Robert Cundiff. ‘‘Seldon loves peo- late, long-time Executive Secretary-Treas- TRIBUTE TO SELDON SHORT ple. But he is also a shy person,’’ getting a urer of the KBA. ‘‘He was a great friend of laugh out of the crowd as he spoke. He then the small broadcaster, like us, and he had a Mr. MCCONNELL. Mr. President, I told a story about his old buddy, who, like great heart for people, and serving those peo- rise today to honor a good friend and Cundiff, graduated from Mt. Carmel and the ple who listened to him.’’ fellow Kentuckian, Seldon Short, who former Kentucky Mountain Bible Institute As some 50 of their friends munched on with his wife Janet has worked for the (now Kentucky Mountain Bible College). cake and refreshments in the dining hall, the Kentucky Mountain Holiness Associa- ‘‘For instance, in the cafeteria, Seldon was Shorts listened as the current President of tion for the past 49 years and in radio so shy, he wouldn’t even say ‘Pass the bis- KMHA reminded the crowd that despite their cuits.’ Can you imagine Seldon doing that?’’ for the past 55. adversities, Seldon and Janet were not bitter It was a remark that brought the house about their experiences. ‘‘Both of them are Mr. Short began his career in broad- down. Cundiff then thanked Seldon for being not quitters,’’ said Dr. Philip Speas. ‘‘The casting in 1951 at WMTC–AM, a small the ‘‘founding father of the Mt. Carmel Shorts are made out of good stuff. They’re radio station in Vancleve, KY. Former Students Association—our alumni made of good metal. They’ve been a real il- Throughout his time in radio Mr. Short association. Thank you, my old friend.’’ lustration of patience. They are a blessing to ran the gauntlet of progress, keeping Not to be outdone, several of Janet’s Breathitt County.’’ friends and co-workers came to bring yellow up with the technological changes of Toward the end of the reception, Seldon roses to her, and to some stories about got up out of his wheelchair and looked at the last half century from 78-rpm vinyl Mrs. Short and her work she and her husband records to cassette tapes to satellite the room again. His friends, like Rev. and did at WMTC Radio. ‘‘While I played piano, I Mrs. Wilfred Fisher, and his children and delivery, while also expanding his own remember Janet reading poems over the grandchildren, were all standing and ap- radio station. After Mr. Short became radio station,’’ said Donna Woodring. plauding. The cheering died down. His wife general manager in 1978, his small AM ‘‘Sometimes they would be quite inspiring, was in tears. He was too, as he softly told station grew from 1000 watts to 5000 sometimes they would be whimsical. She was them, all his friends for life, ‘‘Thank you. watts, and in 1991 switched over to the always delightful.’’ Carlene Light recalled God has really blessed us through these long, another moment. ‘‘Janet loved to cook, and FM dial. wonderful years, and all of you have graced she loved to watch you eat. That’s why I’m us with your friendship. Despite our difficul- Upon his retirement from WMTC–FM overweight.’’ After getting laughs from the this October, Mr. Short was awarded ties, we’d do it all over again. God’s grace audience, Carlene went on to say, ‘‘What’s so has been sufficient. It’s been a good life.’’ the J.T. Whitlock Life Member Award great about this couple is that Seldon and from the Kentucky Broadcasters Asso- Janet are focused on people.’’ It was a state- f ciation for his commitment and dedica- ment echoed by Faith Amspaugh. ‘‘In fact, THANKSGIVING 2006 tion to the field of broadcasting. my children, who are all grown, still call them Uncle Seldon and Aunt Janet.’’ Mr. BYRD. Mr. President, next week, On October 12, 2006, The Breathitt For many years, Seldon and Janet wore Americans across our great land will be County Voice published an article many hats working for the Kentucky Moun- celebrating one of our oldest and most highlighting Mr. Short’s contributions tain Holiness Association. He was with beloved holidays, Thanksgiving. to his community. I ask unanimous KMHA for 49 years, while Janet worked for What a great and glorious holiday consent that the full article be printed 40 years. Of that time, Seldon served as Vice- this is—a truly and uniquely American in the RECORD and that the entire Sen- President of KMHA, as well as positions on holiday. It is a day for giving thanks. A ate join me in paying respect to this the Jackson Kiwanis Club, the Jackson Inde- day devoted to family, to country, and beloved Kentuckian. pendent School board, the pastor of two churches (Wolverine for 23 years and Bach to God. A day of eating turkey, sweet There being no objection, the mate- Memorial for 18 years), and as a board mem- potatoes, mashed potatoes, cranberry rial was ordered to be printed in the ber of the Kentucky Broadcasters Associa- sauce, dressing, and pumpkin pie. It is RECORD, as follows: tion (KBA). From his humble beginnings as a a day of parades, football games, and [From The Breathitt County Voice, Oct. 12, part-time announcer in 1951, Seldon returned the beginning of the Christmas holiday 2006] to WMTC full-time in 1954–55. After going to season. ‘‘A BLESSING TO BREATHITT COUNTY’’— Asbury College, he came back for good to the It is a day of family gatherings. Un- SELDON & JANET SHORT RETIRE radio station in 1958. He and Janet had a heart for radio, and re- fortunately, in too many homes this (By Jeff Noble) mained with the station for many years. year, and as in the past 5 years, there All around the room Seldon Short could Seldon became General Manager of WMTC in will be too many empty seats at the see friends. Dozens of them came out on a 1978, saw the station’s signal on 730 AM go dinner table. I hope everyone listening Friday night to say ‘‘thank you’’ to him and from 1,000 watts to 5,000 watts, and was at will join me in praying for our sons and his wife Janet. Even after he suffered crip- the creation of WMTC-FM, as it went on the daughters who are in harm’s way in pling injuries in a horrible car crash a few air at 99.9 in 1991. ‘‘I did a lot of live pro- Iraq and Afghanistan, in praying for years back, he smiles. Even after Janet suf- grams back then. There was no tape as we the eternal salvation of those who have fered debilitating illness from an operation know it today. Recorded shows were on big, some time ago, she remains upbeat. heavy 78 RPM vinyl discs. Then we got old- died in these costly conflicts, and in And they’re not bitter. Because of their re- fashioned recorders that weren’t plastic, but praying for the speedy recovery of siliency, Seldon and Janet Short’s faith and paperback. Then we went to reel-to-reel tape those who have been wounded. While love of people keeps them above the recorders, cassette recorders, CD’s and sat- we cannot hope to fill those empty rollercoaster that is life. ‘‘It does our hearts ellite delivery. Today is all computerized.’’ chairs, we can hope that our prayers good to see all these people we’ve served,’’ Then Short pointed his finger up at the sky and our love and support will help to Seldon said during a retirement party for and said, ‘‘What hasn’t changed is the com- ease the sorrow at those tables. him and his wife inside the dining hall of Mt. mitment to serving people. I still think try- Even with the turmoil of the past Carmel High School. ‘‘You look around and ing to be of service to the area you cover is year and with so many of our sons and it’s amazing how wonderful life really is. still the most important thing you can do as Janet and I will be married 50 years next a broadcaster. You still need to respond to daughters in faraway lands, we still June. We’ve been blessed with four children their wants, their needs, their requests and have so much for which to be thankful. and six grandchildren. And we have a life- their hunger for information.’’ We are thankful for the Pilgrims— time of memories. God’s been good to us, and That same hunger for service came to his that courageous group of men and because of that, we keep going.’’ successor, Jennifer Cox. ‘‘The Shorts wel- women who, in 1621, left their homes, Janet gently squeezed her husband’s hand comed me to WMTC. I had never worked at crossed a mighty ocean, and settled in as she spoke of the outpouring of love their a family environment. And I learned from a a strange, unknown wilderness so they friends provided at the party. ‘‘It’s so nice to reliable source.’’ Cox, who succeeded Seldon see all these people. People I’ve worked with, as General Manager in June of this year, got could go to church so they could wor- people who helped babysit for my children misty-eyed when she spoke of him. ‘‘He did ship God as they pleased. when I was on the radio, people who we love live radio and has gone through the com- After months of privation, suffering, and cherish. I’m just thankful the Lord has puter age. Everything I know he taught me. hunger, sickness and death, these men seen us through during this time, and some- Because of Seldon and his vision, we at and women had a great feast to thank

VerDate Aug 31 2005 04:56 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.104 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11042 CONGRESSIONAL RECORD — SENATE November 16, 2006 God for being good to them. Think protection of the people of this country But he also had a humble, more seri- about it. With all the brutal hardships previous to their becoming a nation.’’ ous side and a deep sense of commit- they had endured, with all the death That was George Washington. That ment to his country. While working for and suffering they endured, they took was the basis of our first national his uncle’s masonry contracting busi- time to have a great feast to thank Al- Thanksgiving. ness in Harrison, AR, he took time to mighty God for being good to them. In But he was not through. This was a earn his GED. Shortly thereafter, and the process, they gave us our first Thanksgiving proclamation, so he pro- to the surprise of many in his family, Thanksgiving ceeded to give thanks. He asked the he joined the U.S. Army in February We are thankful for the heritage of American people to be thankful to Al- 2005. The tragic events of September 11 liberty bequeathed to us by our ances- mighty God for ‘‘the civil and religious changed how he viewed the world and tors. We are thankful for the wisdom liberty with which we are blessed.’’ motivated him to serve in the military. and the foresight of our Founding Fa- And he asked the American people to For Private First Class Shaffer, serving thers who bestowed to us a form of gov- be thankful ‘‘for the peaceable and ra- in the Army was a way he could con- ernment unique in history, with its tional manner in which we have been tribute to the safety of his family and three strong pillars of executive, legis- enabled to establish constitutions of security of all Americans. lative, and judicial branches, each bal- government for our safety and happi- The 20-year-old was assigned to the anced and checked against one an- ness, and particularly the national one 2nd Battalion, 6th Infantry Regiment, other. now lately instituted.’’ 1st Armored Division. After being sta- In fact, Mr. President, that is the I hope everyone caught that. Presi- tioned in Germany, Private First Class very point I want to emphasize. The dent Washington was thanking the Shaffer was deployed to Kuwait and very first national observance of Good Lord for the Constitution that later Iraq. Witnessing close friends lose Thanksgiving, which came in 1789, was created the American Government. their lives in Iraq, he was never naive At the request of our first President, to thank Almighty God for His role in about the dangerous realities of war. citizens throughout the land assembled creating our great country, and His as- He believed whatever happened to him in churches on November 26, 1789, and was God’s will and often told this to sistance in the forming of our Con- thanked God for their government and his mother to calm her fears. Private stitution. asked Him for His Guidance in the This happened when, in the very first years ahead. As for President Wash- First Class Shaffer’s life ended on Sep- Congress in 1789, Representative Elias ington, he spent the day worshiping at tember 13, 2006, after a roadside bomb Boudinot of New Jersey moved that a an Episcopal church in Manhattan. detonated near his Bradley assault ve- day of thanksgiving be held to thank As you celebrate this Thanksgiving, hicle. God for giving the American people the enjoy your families. Enjoy your On September 16, family, friends, and opportunity to create a Constitution to Thanksgiving feasts. Enjoy your foot- fellow soldiers gathered at Calvary preserve their newly won freedoms. ball games and your parades. Baptist Church in Waco, TX, to pay The resolution, as approved by both But like President Washington, you tribute to the life and legacy of Jeffrey Houses of the Congress, requested that might want to think about attending Shaffer. I am proud to pay tribute to a ‘‘joint committee of both Houses be church on this great and glorious day him today and am thankful for his directed to wait upon the president of and give thanks for our many bless- service to our country. He leaves be- the United States, to request that he ings. Like President Washington, you hind a 2-year-old daughter, Makayla recommend to the people of the United may want to thank God for watching Grace, who I hope will one day know States a day of public thanksgiving.’’ over the United States and for His as- that her father took full advantage of On September 26, 1789, the first Sen- sistance in the creation of our Con- what life had to offer and brought un- ate agreed to the House resolution, and stitution, our Nation’s most basic and told happiness to those around him. My a few days later a joint congressional sacred document, which has guided and thoughts and prayers are with her, Jef- committee delivered to President protected our country for more than frey’s parents, his aunt and uncle, and Washington a resolution ‘‘desiring the 200 years, through world wars, great de- all those who knew and loved him. president of the United States to rec- pressions, and bitter, divisive elections. LANCE CORPORAL KYLE WESLEY POWELL ommend a day of general thanks- f Mr. SALAZAR. Mr. President, I want giving.’’ to bring to the Senate’s attention the Within a few days, on October 3, HONORING OUR ARMED FORCES loss of a young man of great promise President Washington issued the first PRIVATE FIRST CLASS JEFFREY SHAFFER from my home State of Colorado: Ma- national thanksgiving proclamation. Mr. LINCOLN. Mr. President, it is rine LCpl Kyle Wesley Powell. A mem- Our first and perhaps our greatest my honor to rise today to pay tribute ber of Unit C Co, 1st Combat Engineer President proclaimed Thursday, No- to one of Arkansas’ fallen heroes, PFC Battalion, 1st Marine Division, I Ma- vember 26, 1789, to be a day of national Jeffrey Shaffer, who gave his life serv- rine Expeditionary Force out of Camp thanksgiving. ing our country in Operation Iraqi Pendleton, Lance Corporal Powell was That proclamation is a fascinating Freedom. killed earlier this month in Fallujah, and informative document. It begins by By all accounts from family and Iraq. proclaiming that, ‘‘it is the duty of all friends, Private First Class Shaffer Kyle Powell was a native of Colorado nations to acknowledge the providence lived his life to the fullest. For this Springs. He was an Eagle Scout who of Almighty God, to obey His will, to young man, that meant caring for oth- graduated from Cheyenne Mountain be grateful for His benefits, and hum- ers, having fun, and making people High School, and joined the Marine bly implore His protection and favor.’’ laugh, even when confronted with life’s Corps in September 2003. Lance Cor- The Father of our country left no challenges. The image of a tough sol- poral Powell was on his third tour as a doubt about his belief that our Nation dier masked the side most familiar to marine in Iraq. During his second tour, was not simply the creation of mere his loved ones, that of a more playful he received the Navy Achievement mortals but was, in fact, guided by a young man who pulled pranks and Medal after a bunker which he had de- Divine Hand. As if to emphasize this brought laughter to lives of others. His signed and constructed absorbed an at- point, his proclamation went on to stepfather, Mark Adams, recalls a golf tack of several enemy rocket-propelled ‘‘that great and glorious Being outing where neither he nor Jeff was grenades, protecting the marines with- who is the beneficent author of all the playing particularly well. Rather than in it. good that was, that is, or that will be.’’ suffer through the rest of the game, In fact, just a few days before his He exhorted the people of his young and to the surprise of Mark, Private passing, Lance Corporal Powell had Republic to express their gratitude to First Class Shaffer jumped in the water saved the life of another fellow marine, Almighty God for his protection of and began collecting golf balls. Mark applying a tourniquet and firing his them through the Revolutionary War. had never had more fun playing golf. weapon at the enemy until they could He wrote: ‘‘We may then all unite in The day was a testament to the effect be rescued. rendering unto Him our sincere and Private First Class Shaffer often had What jumps out about Lance Cor- humble thanks for His kind care and on others. poral Powell is that when people speak

VerDate Aug 31 2005 04:56 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.109 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11043 of him, one word keeps coming up: viction in his job. He believed in mak- LCpl James W. Higgins, 22, died July leader. ing the world a better place and acted 27 from wounds received while con- ‘‘He was always, always ready to go to help make that vision a reality. ducting combat operations in Al Anbar and lead from the front,’’ said LTC But it is the testimony of those with province, Iraq. He was assigned to 1st Wayne Sinclair, commander of the 1st whom he served that helps illuminate Battalion, 1st Marine Regiment, 1st CEB. the extraordinary character of Colonel Marine Division, I Marine Expedi- In fact, at the time of his untimely Kruger. One fellow soldier from Fort tionary Force, Camp Pendleton, CA. loss, Lance Corporal Powell was lead- Carson remembered him as ‘‘a wonder- Cpl Phillip E. Baucus, 28, died July 29 ing a convoy moving to help extract a ful man and a great leader. Everyone while conducting combat operations in group of fellow marines from hostile who knew him loved him.’’ A staff ser- Al Anbar province, Iraq. He was as- geant who served under him said that territory. He was conducting a mine signed to 3rd Light Armored Recon- Colonel Kruger was ‘‘one of the few sweep when he was killed, likely saving naissance Battalion, 1st Marine Divi- leaders’’ who helped her realize her the lives of five other marines who sion, I Marine Expeditionary Force, life’s path was with the U.S. Army: were behind him in a humvee. Twentynine Palms, CA. I noted before that Lance Corporal ‘‘Sir, your excitement, passion, and Sgt Christian B. Williams, 27, died Powell was on his third tour in Iraq. outstanding leadership moved me in July 29 while conducting combat oper- But it should be noted that he went on my military career,’’ she wrote. An- ations in Al Anbar province, Iraq. He this third tour by choice: in August, he other staff sergeant spoke of Kruger’s was assigned to 3rd Light Armored Re- chose to lead by example. He volun- respect for his fellow man, remem- connaissance Battalion, 1st Marine Di- teered to go to Iraq because his unit bering that when he first met Colonel vision, I Marine Expeditionary Force, was short of others to send overseas. Kruger, ‘‘Even though he vastly out- At a time when so many of our young ranked me, he always treated me and Twentynine Palms, CA. men and women are preoccupied with all others with a vast respect and kind- LCpl Anthony E. Butterfield, 19, died the coming course schedules at col- ness.’’ July 29 while conducting combat oper- leges and universities, Kyle Powell was A fellow officer who served with ations in Al Anbar province, Iraq. He focused on helping the people of Iraq. Colonel Kruger in Afghanistan recalled was assigned to 3rd Light Armored Re- Kyle’s parents, Nancy and David are his commitment to his family. ‘‘Eric connaissance Battalion, 1st Marine Di- former Army officers, and they know was a good man, a fine soldier and a vision, I Marine Expeditionary Force, firsthand the dangers their son faced. loving father. We often spoke of our Twentynine Palms, CA. He was from They know the same pride he felt in families, and I remember being struck Clovis, CA. doing the work that by all accounts he by his dedication to his family and his PFC Jason Hanson, 21, died July 29 truly loved. concern for their wellbeing.’’ There is while conducting combat operations in Nancy and David, our Nation mourns no doubt: Colonel Kruger cared deeply Al Anbar province, Iraq. He was as- the loss of your son with you. We cele- about his fellow man and dedicated his signed to 3rd Light Armored Recon- brate his service to our Nation, his life to serving others. naissance Battalion, 1st Marine Divi- willingness to always selflessly step to To Colonel Kruger’s wife Sara and sion, I Marine Expeditionary Force, the front and lead so that others, be their four children, Caitlin, Joshua, Twentynine Palms, CA. they in his unit or half a world away in Christian, and Elise: You and Eric are in our prayers, today and always. May LCpl Kurt E. Dechen, 24, died August his hometown, would be safer. Our Na- you find peace and solace in this time 3 from wounds received while con- tion is humbled by his heroism, and we of grief, knowing that Eric’s service to ducting combat operations in Al Anbar hope your grief is soothed by knowing this Nation will not be forgotten. The province, Iraq. He was assigned to 1st that his sacrifice is forever appreciated many lives he positively shaped as an Battalion, 25th Marine Regiment, 4th by every American. officer and American are tributes to Marine Division, while attached to LIEUTENANT COLONEL ERIC J. KRUGER his leadership and to your support of Regimental Combat Team 5, I Marine Mr. President, I wish to take a mo- his efforts. For this, our entire Nation Expeditionary Force, Camp Pendleton, ment to recall the life and service of is grateful. CA. Army LTC Eric J. Kruger, who was Colonel Eric Kruger was an unques- Petty Officer 2nd Class Marc A. Lee, killed near Baghdad earlier this month. tionable hero, a leader whom each of us 28, was killed on August 2 during com- He was the highest-ranking officer can admire and who can inspire every bat operations while on patrol in from Fort Carson, CO, to be killed in Member of this body to redouble our ef- Ramadi, Iraq. Lee was an aviation Iraq and had only been there a few forts on behalf of him and every one of ordnanceman and a member of a SEAL days. our Nation’s veterans and men and team based in the area. Colonel Kruger was deputy com- women serving in uniform. LCpl Jeremy Z. Long, 18, died August mander of the 2nd Brigade Combat CALIFORNIA CASUALTIES 10 while conducting combat operations Team out of Fort Carson, which has re- Mrs. BOXER. Mr. President, today I in Al Anbar province, Iraq. He was as- cently been deployed to Iraq. Pre- rise to pay tribute to 47 young Ameri- signed to 1st Battalion, 7th Marine viously, Colonel Kruger had served a cans who have been killed in Iraq since Regiment, 1st Marine Division, I Ma- year in Afghanistan and less than 10 July 18. This brings to 639 the number rine Expeditionary Force, Twentynine months after returning to the States of soldiers who were either from Cali- Palms, CA. and connecting with 2BCT was rede- fornia or based in California who have ployed as part of an advance team to SGT Jeffrey S. Brown, 25, died on Au- been killed while serving our country gust 10 in Rutbah, Iraq, of injuries sus- prepare for 2BCT’s deployment to the in Iraq. This represents 22 percent of area. tained on August 8, when his helicopter all U.S. deaths in Iraq. crashed. He was assigned to the 82nd Colonel Kruger was a graduate of LCpl Geofrey R. Cayer, 20, died July Medical Company, Fort Riley, KS. He North Garland High in Texas and 18 from a nonhostile incident in Al was from Trinity Center, CA. earned a bachelor’s degree in political Anbar province, Iraq. He was assigned science and master’s degree in liberal to 3rd Battalion, 5th Marine Regiment, Hospitalman Chadwick T. Kenyon, arts from Southern Methodist Univer- 1st Marine Division, I Marine Expedi- 20, died on August 20 from wounds sus- sity in his home State before joining tionary Force, Camp Pendleton, CA. tained when his Light Armored Vehicle the U.S. Army in 1989. Colonel Kruger SPC Joseph A. Graves, 21, died on struck an improvised explosive device completed airborne and Ranger train- July 25 in Baghdad, Iraq, from injuries while on combat patrol in Rawah, Iraq. ing. sustained when his military vehicle en- He was assigned to the 3rd Light Ar- As a soldier, Eric Kruger was of nota- countered a vehicle-borne improvised mored Reconnaissance Battalion, 1st ble and rare distinction: during his explosive device and small arms fire. Marine Division, 1st Marine Expedi- service he had earned the Bronze Star, He was assigned to the 110th Military tionary Force, Twentynine Palms, CA. numerous Meritorious Service Awards Police Company, 720th Military Police LCpl Randy L. Newman, 21, died Au- and an Army Commendation medal. He Battalion, III Corps, Fort Hood, TX. He gust 20 while conducting combat oper- was a man of deep patriotism and con- was from Discovery Bay, CA. ations in Al Anbar province, Iraq. He

VerDate Aug 31 2005 04:56 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.056 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11044 CONGRESSIONAL RECORD — SENATE November 16, 2006 was assigned to 3rd Light Armored Re- talion, 130th Engineer Brigade, Warner tiple landmines. He was assigned to A connaissance Battalion, 1st Marine Di- Barracks, Bamberg, Germany. He was Company, 2nd Battalion, 505th Para- vision, I Marine Expeditionary Force, from Weimar, CA. chute Infantry Regiment, 82nd Air- Twentynine Palms, CA. CPL Cesar A. Granados, 21, died on borne Division, Fort Bragg, NC. He was Cpl Adam A. Galvez, 21, died August September 15 of injuries sustained in from Bakersfield, CA. 20 while conducting combat operations Baghdad, Iraq, when an improvised ex- SPC Jose R. Perez, 21, died October 18 in Al Anbar province, Iraq. He was as- plosive device detonated near his vehi- in Ar Ramadi, Iraq, from injuries suf- signed to 3rd Light Armored Recon- cle during combat operations. He was fered from enemy small arms fire. He naissance Battalion, 1st Marine Divi- assigned to the 2nd Battalion, 8th In- was assigned to the 1st Battalion, 6th sion, I Marine Expeditionary Force, fantry Regiment, 3rd Brigade, 4th In- Infantry Regiment, 2nd Brigade Com- Twentynine Palms, CA. fantry Division, Fort Hood, TX. He was bat Team, 1st Armored Division, Chief Petty Officer Paul J. Darga, 34, from Le Grand, CA. Baumholder, Germany. He was from died August 22 when his Explosive Ord- Petty Officer 2nd Class Michael A. Ontario, CA. nance Disposal Team was struck by an Monsoor, 25, died September 29 while SGT Norman R. Taylor III, 21, died improvised explosive device while re- conducting combat operations against on October 17 in Baqubah, Iraq, when sponding to a previous strike in the Al enemy forces in Ramadi, Iraq. He was a his military vehicle encountered an Anbar province, Iraq. Darga was as- SEAL assigned to a San Diego-based improvised explosive device. He was as- signed to Explosive Ordnance Disposal command. He was from Garden Grove, signed to Headquarters and Head- Mobile Unit Two, serving with the 1st CA. quarters Company, 1st Battalion, 68th Marine Logistics Group, Camp Pen- SGT Joseph W. Perry, 23, died on Oc- Armor Regiment, 4th Infantry Divi- dleton, CA. tober 2, in Muhallah, Iraq, when his sion, Fort Carson, CO. He was from SGT David J. Almazan, 27, died on mounted patrol came in contact with Blythe, CA. August 27 in Hit, Iraq, of injuries suf- enemy forces using small arms fire SPC Matthew W. Creed, 23, died on fered when an improvised explosive de- during combat operations. He was as- October 22 in Baghdad, Iraq, of injuries vice detonated near his vehicle during signed to the 21st Military Police Com- sustained from small arms fire. He was combat operations. Almazan was as- pany, 16th Military Police Brigade, assigned to Headquarters and Head- signed to the 1st Battalion, 36th Infan- XVIIIth Airborne Corps, Fort Bragg, quarters Company, 1st Battalion, 22nd try Regiment, 1st Brigade Combat NC. He was from Alpine, CA. Infantry Regiment, 4th Infantry Divi- Team, 1st Armored Division, Friedberg, SSG Daniel Isshak, 25, died on Octo- sion, Fort Hood, TX. He was from Co- Germany. He was from Van Nuys, CA. ber 3 in Tikrit, Iraq, from injuries suf- vina, CA. LCpl Shane P. Harris, 23, died on Sep- fered when his vehicle received enemy Hospital Corpsman Charles O. Sare, tember 3 while conducting combat op- small arms fire at Hawija, Iraq, during 23, died October 23 from enemy action erations in Al Anbar province, Iraq. He combat operations. He was assigned to while conducting combat operations in was assigned to 3rd Light Armored Re- the 2nd Battalion, 27th Infantry, 3rd the Al Anbar Province, Iraq. He was as- connaissance Battalion, 1st Marine Di- Brigade, 25th Infantry Division, signed to Naval Ambulatory Care Cen- vision, I Marine Expeditionary Force, Schofield Barracks, HI. He was from ter, Port Hueneme, CA. He was from Twentynine Palms, CA. Alta Loma, CA. Hemet, CA. Hospital Corpsman 2nd Class Chris- CPL Luis E. Tejeda, 20, died on Sep- PFC Jason Franco, 18, died October topher G. Walsh, 30, died on September tember 30 in Hit, Iraq, of injuries sus- 31 from a nonhostile incident in Al 4 from wounds sustained when his vehi- tained when his military vehicle en- Anbar province, Iraq. He was assigned cle struck an improvised explosive de- countered an improvised explosive de- to Marine Aviation Logistics Squadron vice while on combat patrol in Al vice. He was assigned to A Company, 11, Marine Aircraft Group 11, 3rd Ma- Anbar, Iraq. His Navy Reserve Unit was 1st Battalion, 36th Infantry Regiment, rine Aircraft Wing, Miramar, CA. He attached to the I Marine Division in 1st Armored Division, Friedberg, Ger- was from Corona, CA. Camp Pendleton, CA. many. He was from Huntington Park, PVT Michael P. Bridges, 23, died No- PFC Hannah L. Gunterman, 20, died CA. vember 2 in Taji, Iraq, from a noncom- on September 4 in Taji, Iraq, of injuries PFC Kenny F. Stanton, Jr., 20, died bat-related incident. He was assigned sustained when she was struck by a ve- on October 13 in Baghdad, Iraq, when to the 1st Battalion, 66th Armor Regi- hicle. She was assigned to the 542nd his military vehicle encountered an ment, 1st Brigade, 4th Infantry Divi- Maintenance Company, 44th Corps Sup- improvised explosive device. He was as- sion, Fort Hood, TX. He was from port Battalion, 593rd Corps Support signed to the 57th Military Police Com- Placentia, CA. Group, Fort Lewis, WA. She was from pany, 728th Military Police Battalion, SSG Joseph A. Gage, 28, died Novem- Redlands, CA. Yong San, Korea. He was from Hemet, ber 2 in Baghdad, Iraq, of injuries suf- SGT Luis A. Montes, 22, died on Sep- CA. fered when an IED detonated near his tember 7 in Brooke Army Medical Cen- Sgt Jonathan J. Simpson, 25, died Oc- vehicle. He was assigned to the 1st Bat- ter, San Antonio, TX, of injuries suf- tober 14 while conducting combat oper- talion, 506th Infantry Regiment, 4th fered on September 1 in Abu Ghraib, ations against enemy forces in Al Brigade Combat Team, 101st Airborne Iraq, when an improvised explosive de- Anbar province, Iraq. He was assigned Division, Fort Campbell, KY. He was vice detonated near his vehicle during to 1st Reconnaissance Battalion, 1st from Modesto, CA. combat operations. He was assigned to Marine Division, Camp Pendleton, CA. Cpl Jose A. Galvan, 22, died Novem- the 1st Battalion, 22nd Infantry Regi- PFC Keith J. Moore, 28, died October ber 5 while conducting combat oper- ment, 1st Brigade Combat Team, 4th 14 in Baghdad, Iraq, of a noncombat-re- ations in Al Anbar province, Iraq. He Infantry Division, Fort Hood, TX. He lated injury. He was assigned to the was assigned to the 1st Combat Engi- was from El Centro, CA. 2nd Battalion, 14th Infantry Regiment, neer Battalion, 1st Marine Division, I Cpl Johnathan L. Benson, 21, died 2nd Brigade Combat Team, 10th Moun- Marine Expeditionary Force, Camp September 9 from wounds suffered on tain Division, Fort Drum, NY. He was Pendleton, CA. June 17 while conducting combat oper- from San Francisco, CA. Cpl Kyle W. Powell, 21, died Novem- ations in Al Anbar province, Iraq. He CPT Mark C. Paine, 32, died October ber 4, from wounds suffered while con- was assigned to 3rd Battalion, 5th Ma- 15 in Taji, Iraq, from injuries suffered ducting combat operations in Al Anbar rine Regiment, 1st Marine Division, I when an improvised explosive device province, Iraq. He was assigned to the Marine Expeditionary Force, Camp detonated near his vehicle. He was as- 1st Combat Engineer Battalion, 1st Ma- Pendleton, CA. signed to the 1st Battalion, 66th Armor rine Division, I Marine Expeditionary SPC Harley D. Andrews, 22, died on Regiment, 1st Brigade, 4th Infantry Di- Force, Camp Pendleton, CA. September 11 in Ar Ramadi, Iraq, of in- vision, Fort Hood, TX. He was from SSG Richwell A. Doria, 25, died on juries suffered when an improvised ex- Rancho Cucamonga, CA. November 7 in Kirkuk, Iraq, after being plosive device detonated near his vehi- SGT Lester D. Baroncini, Jr., 33, died struck by small arms fire during an air cle during combat operations. He was on October 15 in Samarra, Iraq, when assault mission. He was assigned to the assigned to the 54th Engineer Bat- his military vehicle encountered mul- 2nd Battalion, 35th Infantry Regiment,

VerDate Aug 31 2005 04:56 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.107 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11045 3rd Brigade, 25th Infantry Regiment, 10th Mountain Division, Fort Drum, as Financial Services chairman a few Schofield Barracks, HI. He was from NY. He was from San Bernardino, CA. years ago, Representative JIM SENSEN- San Diego, CA. f BRENNER, chairman of the House Com- SFC Rudy A. Salcido, 31, died on No- mittee on the Judiciary, and Rep- INTERNET GAMBLING vember 9 in Baghdad, Iraq, after an im- resentative BOB GOODLATTE, who spon- provised explosive device detonated Mr. KYL. Mr. President, I would like sored the bill scuttled by Jack near his convoy vehicle. Salcido was to address the recent enactment of the Abramoff, have all helped shape Inter- assigned to the Army National Guard’s Unlawful Internet Gambling and En- net gambling legislation over the last 1114th Transportation Company, Ba- forcement Act of 2006. Due to proce- several years. kersfield, CA. He was from Ontario, dural considerations at the end of the Why has Congress been so supportive CA. regular session, this law was enacted as of Internet gambling legislation for so SGT Angel De Lucio Ramirez, 22, title VIII of H.R. 4954, a bill focused on long? Because offshore operators have died on November 11 in Ar Ramadi, port security. But I want the record to been flouting American laws for per- Iraq, when his military vehicle encoun- show that I have been working to pass sonal gain. They have been giving tered an improvised explosive device. this law for more than 10 years, with Americans the false impression that He was assigned to the 16th Engineer the support of many colleagues. Indeed, these activities are legal. They have Battalion, 1st Brigade, 1st Armored Di- the Senators serving as conferees for been profiteering from this. The Fed- vision, Giessen, Germany. He was from the port security bill accepted includ- eral Government has long given States Pacoima, CA. ing the Internet gambling title, as did the right to prohibit or limit gambling LCpl Timothy W. Brown, 21, died No- the leadership on both sides of the activities for the protection of the pub- vember 14 while conducting combat op- aisle. And this July, the House of Rep- lic, but offshore Web sites have been ig- erations in Al Anbar province, Iraq. He resentatives voted 317–93 in favor of a noring and circumventing the State was assigned to the 2nd Battalion, 3rd bill containing not only identical en- laws. State law enforcement officials Marine Regiment, 3rd Marine Division, forcement measures to those that were and Congress refused to stand idly by III Marine Expeditionary Force, recently enacted, but also including as our laws were evaded and eroded. Kaneohe Bay, HI. He was from Sac- the more controversial Wire Act How could an illegal activity become ramento, CA. amendments. so pervasive? Knowing that their busi- PFC Jang H. Kim, 20, died on Novem- Over the last five Congresses, a nesses are illegal in the United States ber 13 when his military vehicle en- stand-alone Internet gambling bill has and many other countries, Internet- countered an improvised explosive de- been passed by at least one Chamber of gambling businesses have set up shop vice. He was assigned to Headquarters Congress, every time by overwhelming in countries with very few gambling and Headquarters Company, 1st Bat- bipartisan votes. The last time an regulations, such as Antigua and Costa talion, 26th Infantry Regiment, 1st In- Internet gambling bill came before the Rica. These small countries benefit fantry Division, Schweinfurt, Ger- whole Senate, it was passed by unani- from the billions of dollars of profit many. He was from Placentia, CA. mous consent. Unfortunately, the Jack generated by their local gambling oper- LCpl Mario D. Gonzalez, 21, died No- Abramoff scandal corrupted the process ators. So when the United States tries vember 14 while conducting combat op- for that bill in the House of Represent- to prosecute a criminal violation of its erations in Al Anbar province, Iraq. He atives. Since then, the full Senate has gambling laws, these countries are not was assigned to 2nd Battalion, 3rd Ma- not had the opportunity to vote on interested in extraditing their wealthi- rine Regiment, 3rd Marine Division, III more recent legislation repeatedly est residents. The United States is Marine Expeditionary Force, Kaneohe passed by more than three-quarters of thwarted in its efforts to enforce its Bay, HI. He was from La Puente, CA. the House. So I greatly appreciate the criminal laws against offshore gam- I would also like to pay tribute to assistance of the majority leader and bling businesses. the four soldiers from or based in Cali- the conferees in finally getting this Some say that, instead of trying to fornia who have died while serving our long-overdue law to the President’s enforce the law, we should legalize and country in Operation Enduring Free- desk. regulate online gambling. Why does dom since July 18. The National Association of Attor- this approach have so little support in SPC Andrew Velez, 22, died on July 25 neys General—NAAG—first approached Congress? Because Internet gambling is in Sharona, Afghanistan, of a noncom- me in 1995 about the problem of Inter- a scourge to society, leading to addic- bat-related injury. He was assigned to net gambling. The State attorneys gen- tion and bankruptcy, and enticing the 699th Maintenance Company, Corps eral were concerned about the young people into a gambling lifestyle. Support Battalion, Theater Support and erosion of State laws by gambling Internet gambling is highly addict- Command, Fort Irwin, CA. websites operating beyond the reach of ive. Online gambling is available 24/7 SFC Merideth L. Howard, 52, died in State law enforcement. I heeded from almost any location. Fast and Kabul, Afghanistan, on September 8, NAAG’s request and introduced the continuous play, often financed by when a vehicle-borne improvised explo- first Internet gambling bill late that credit, allows online gamblers to rap- sive device detonated near her vehicle. year to increase Federal enforcement idly lose tens of thousands of dollars, She was assigned to the Army Re- of gambling laws. leading to bankruptcy, family devasta- serve’s 405th Civil Affairs Battalion, Over the next 10 years, Senate and tion, and criminal activity. It is easy Fort Bragg, NC. She was from Ala- House Committees repeatedly held to conceal the addiction because an on- meda, CA. hearings and markups. We listened to line gambler does not need to leave SPC Fernando D. Robinson, 21, died the experts about what types of en- home or the office to gamble, and on October 2 in Korengal, Afghanistan, forcement would be effective or im- shows no physical signs of addictive be- from injuries sustained when his patrol practical, and revised the legislation in havior like an alcohol or drug addict came under attack by enemy forces response. In 1999, the congressionally does. using small arms fire and rocket pro- commissioned National Gambling Im- Various recent studies show that pelled grenades. He was assigned to the pact Study Commission Report rec- Internet gamblers are two to three 1st Battalion, 32nd Infantry Regiment, ommended that law enforcement target times more likely to become addicted 3rd Brigade Combat Team, 10th Moun- the payment systems to combat illegal than brick-and-mortar gamblers. One tain Division, Light Infantry, Fort offshore gambling, so that is the ap- study of students at the University of Drum, NY. He was from Hawthorne, proach we adopted. Connecticut found that 74 percent of CA. I have worked closely with Rep- Internet gamblers were problem or PFC Alex Oceguera, 19, died on Octo- resentative , former chair of pathological gamblers. The Annenberg ber 31 in Wygal Valley, Afghanistan, of the House Financial Services Com- Public Policy Center’s 2005 National injuries suffered when an IED deto- mittee, a very capable and thoughtful Annenberg Risk Survey of Youth— nated near his vehicle. He was assigned colleague who will be greatly missed in NARSY—surveyed 900 young people be- to the 1st Battalion, 32nd Infantry future Congresses. Representative tween 14 and 22 and found that 54 per- Regiment, 3rd Brigade Combat Team, , who succeeded Mr. LEACH cent of youth who gamble online at

VerDate Aug 31 2005 04:56 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.108 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11046 CONGRESSIONAL RECORD — SENATE November 16, 2006 least once a week are problem gam- Reserve issue regulations. The statu- of athletic competitions, and want to blers, and that card players exhibit the tory deadline for these regulations is protect them from perceptions of cor- most symptoms of gambling addiction. August 10, 2007. I urge the Treasury De- ruption or a culture of gambling. This Internet gambling entices young peo- partment and the Federal Reserve to is why the National Football League, ple into a gambling lifestyle. Young issue these regulations on time, and to National Collegiate Athletic Associa- people who are accustomed to playing make them strong. tion, Major League Baseball, National video games for hours on end are par- Most online gambling websites use Basketball Association, and National ticularly likely to be enticed by the third-party offshore payment systems Hockey League all actively supported games and to lack a realistic percep- to receive money from U.S. customers, the law. tion of the consequences of gambling because many U.S. financial institu- Second, financial institutions are for money. Conversely, traditional ca- tions have already been blocking pay- concerned about Internet gambling’s sinos appeal to mature adults: accord- ments to these Web sites for years. association with money laundering, ing to a recent survey by the American When a U.S. credit card or bank sends uncollectible consumer debt, and use of Gaming Association, 75 percent of ca- money to one of these services, the their systems for criminal activity. sino customers are over 40 years old. U.S. financial institution does not This is why the American Bankers As- Internet gambling appeals to the oppo- know how the money will be used. On sociation, America’s Community Bank- site demographic: at least 70 percent of the other hand, the third-party payers ers, and Securities Industry of Amer- Internet gamblers are under 40 accord- know the money in their accounts is ica, joined by individual companies ing to the AGA, and they did not even being used for online gambling by U.S. such as American Express, Citigroup, count the millions of online gamblers customers. Therefore, these third-party and PayPal, wrote in support of the who are under 21. Also, Internet gam- payers are knowingly aiding and abet- law. bling appears to be a gateway drug. Ac- ting a criminal act when they send Third, religious groups and family cording to that same survey, Internet funds from U.S. customer accounts to welfare groups are concerned about the gamblers are twice as likely to engage online gambling companies. devastating effects that gambling ad- Firepay has appropriately chosen to in traditional gambling than the gen- diction can have on families. This is stop making these illegal payments for eral population. So the rise of online why this law was supported by a broad American customers, even though it gambling is fertilizing the soil for an range of civic organizations, from operates out of Ireland. The regula- explosion of gambling addictions in mainline churches such as the United tions need to make sure that law-abid- this country. Methodist Church and the National ing companies such as Firepay are pro- The United Kingdom is in the midst Council of Churches, to coalitions such tected, while third-party payers who of an effort to legalize and regulate on- as the National Coalition Against knowingly aid and abet criminal activ- line gambling, including efforts to pre- Gambling Expansion, to conservative ity are effectively sanctioned. vent youth and problem gambling. This I would also note that this law em- family groups such as the Family Re- effort is not going well. A report com- powers payment systems to make search Council and Concerned Women missioned by the British Government strong efforts to stop the use of their for America. was issued a few weeks ago. The report systems for online gambling. To that This is why I am proud that this leg- admits that most gambling operators end, section 5364(d) of the new law pro- islation was finally enacted. As all choose jurisdictions where there is tects entities from civil liability for these diverse groups recognized, online very little regulation on their activi- blocking restricted transactions, or if gambling is a threat to civic society ties. This creates a race to the bottom, they mistakenly block, prevent, or pro- for many reasons. Failing to enforce where gambling operators in a few hibit legal transactions when attempt- laws that are meant to diminish this countries can offer services that flout ing, in good faith, to comply with the threat undermines the rule of law the laws of almost every other jurisdic- law. At the same time, section itself. But today we stand ready to re- tion. 5364(b)(4) clarifies that the government claim the power to enforce the law, and The new law confronts the problem of will attempt to draft the regulations to I ask for the help of the Treasury De- online gambling in three ways. First, it catch as few legal transactions as pos- partment and other executive agencies transforms violations of State gam- sible. to secure this victory. bling laws into a Federal crime as soon The key is implementing the most ef- f as the gambling operator receives fective and efficient enforcement meas- money for the transaction. Second, it WORLD WAR II VETERANS OF ures that are reasonably possible. We FRANKFORT, KANSAS authorizes Federal and State attorneys have not sat idly by while unscrupu- general to enjoin persons who enable lous operators profiteer from evading Mr. ROBERTS. Mr. President, I rise violations of the law, such as a person our laws and perpetrating fraud on the today to recognize the valor and great running advertisements for illegal Web public. We have worked long and hard sacrifice of the citizens in Frankfort, sites. Third, it requires payment sys- to defend the letter and the purpose of KS. Frankfort is a small town in north- tems to block payments for illegal on- State and Federal gambling laws, and east Kansas. It is a thriving rural com- line gambling. now we ask the executive branch to munity of approximately 855 people. In The new Federal criminal law is al- help us finish the job. Strong regula- the early 1940s, just as today, Frank- ready having a positive effect. The pub- tions for payment systems will cut off fort was teeming with good Americans, licly traded online gambling compa- most fund transfers to offshore online Americans who answered the call of nies, who have to answer to financial gambling operators and destroy U.S. duty and fought so that their fellow institutions and other investors, have markets. By drastically reducing the Americans could live in freedom. quickly withdrawn from the U.S. mar- availability of Internet gambling in But that alone is not what makes ket. the U.S., we will reduce new addictions Frankfort notable. Brave men and Some Web sites continue to deceive and violations of the law. women from small towns, big cities, the American public about the legality This is why, this year, 49 State attor- and everywhere in America have served of online gambling, State and Federal neys general, as well as the National our Nation in the Armed Forces. Many law enforcement are now empowered to District Attorneys Association, Fed- have made the ultimate sacrifice. enjoin advertising for these illegal eral Criminal Investigators, and Fra- What makes this town, then home to websites, and any other support serv- ternal Order of Police wrote in support approximately 1,800 people, notable is ices within their reach. Payment of this law. These law enforcement the solemn fact that 32 brave men from blocking is necessary to reduce Inter- groups were not alone. They were Frankfort and the surrounding farm- net gambling and make it clear to the joined by extraordinarily diverse land gave their lives in World War II. American public that this activity is groups that are concerned about the ef- Based on records from local county illegal. fect that online gambling has on soci- newspapers of that time, it is con- The payment blocking requirements ety and the rule of law. cluded that the Frankfort community will not become effective until the First, sports organizations are con- lost more men in World War II than Treasury Department and the Federal cerned about preserving the integrity any other town of similar size. This

VerDate Aug 31 2005 04:56 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.101 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11047 fact imparts both a deep sense of pride the revered Iwo Jima Memorial, and the train from Washington, having just trav- for the bravery and commitment of then to attend the dedication of the eled from Texas on the first airplane ride of these young Kansans and also sadness National Museum of the Marine Corps my life. On the orders of a drill instructor, a for the great loss of life that is inher- in Quantico, VA. DI, I fell in at attention with 40 other can- This marvelous dedication featured didates on the platform at the train station ent in times of war. over at Quantico. During my years in public service, I remarks from President Bush, Presi- And the DI told us to answer up, ‘‘Here, have experienced many opportunities dent of the Marine Corps Heritage sir!’’ when our name was called. And he got to meet some amazing people and hear Foundation General (Ret.) Ron Christ- to mine, and he said, ‘‘Le-here-er-er.’’ And, the incredible stories that truly define mas and the distinguished news anchor like some kind of idiot, I blurted out, ‘‘It’s America. This is exactly how I have and former marine, Jim Lehrer. They pronounced Lehrer, sir!’’ come to learn of this incredible con- were joined by thousands of fellow ma- There was silence, absolute silence. And then I heard the terrifying click, click, click tribution to our Nation’s security. rines—past and present—including of leather heels on the deck of that train sta- Frank Benteman, a World War II Army Chairman of the Joint Chiefs, GEN tion platform coming in my direction. And veteran, shared this story. Mr. Pete Pace, Commandant of the Marine suddenly there he was, the DI, right in front Benteman, now 80 years old, is from Corps Michael Hagee and former Sen- of me, his face right up in mine. And I para- Frankfort and was part of this ‘‘great- ators John Glenn and Chuck Robb. phrase and cleanse it up a bit, but he said, est generation’’ who served. It was Mr. Especially moving was President ‘‘Candidate, if I say your name is Little Bo Benteman who continues to honor Bush conferring our Nation’s highest Peep, your name is Little Bo Peep!’’ military decoration, the Medal of ‘‘Do you hear me?’’ Oh, I heard him all those who went before by remembering right. And I think it was at that very mo- their sacrifice and honoring their Honor, posthumously, on Cpl Jason ment that I really became a United States memory. I am pleased to work along Dunham, who was tragically killed Marine. with Frank Benteman to honor the he- outside the Iraqi town of Karabilah in I’m still one today, and I will remain one roes of Frankfort, KS, by entering 2004. forever, as did my late father, and as is my their names into the CONGRESSIONAL For all who worked tirelessly to con- older and only brother. I came from a family of Marines into the RECORD in recognition of their ulti- struct this wonderful museum that family of Marines. My father served in the mate sacrifice to a grateful nation. highlights the Marine Corps experi- ence, that dedication ceremony became 1920s under the great Smedley Butler right The brave men from Frankfort, KS, here at Quantico. He saw combat in Haiti who gave their lives in the great Sec- a tribute of a lifetime for all marines. and came out a corporal. My brother and I ond World War include Willard A. On this week of Veterans’ Day, and were both 1950s Cold War Marines in the Backman, Fred Bentsen, Lloyd C. the Marine Corps Birthday, we remind Third Marine Division in the Far East. Blackney, Leland Cook, Melvin Cope, ourselves that we are here solely be- Since our corps was founded on this day in Elmer Crumpton, Kenneth DeWalt, cause of the sacrifices of men and 1775, there have been more than 4 million Robert Emmingham, Victor women who for 231 years now have men and women who have worn the uniform worn our Nation’s uniform to preserve of a United States Marine. This museum is Feldhausen, Peter Fiegener, William R. about all of them, including us three ‘‘Le- Gibson, Don Hockensmith, Jr., Dale C. our freedoms against outside enemies. Like the ‘‘Devil Dogs’’ of Belleau here-er-ers,’’ and even the Little Bo Peeps. Hooper, Milan E. Jester, Koester John- That’s because this museum is about what it ston, Donald E. King, Vern F. Long, Wood, today’s generation of Leather- means to be a Marine, no matter the time, Weldon Maneval, Matt McKeon, Carl O. necks—from the Commandant to the the length, place, rank, or nature of the serv- Nord, Aloysius Noud, Howard Olson, newest recruit at Parris Island—have ice. Paul A. Paden, Charles Poff, Charles L. answered one of the highest callings: It’s about the shared experience and the shared knowledge that comes from being a Punteney, Theodore Rhodes, David L. serving as a marine for the greatest Nation on Earth. U.S. Marine, such as knowing that you are Shyne, James Stoffel, Clifford Watson, only as strong and as safe as the person on Robert B. Welsh, Charles F. Zinn, and As President Reagan famously ob- served, ‘‘some people spend an entire your right and on your left; that a well- Munro Zoellner. trained and motivated human being can ac- Semper fi. lifetime wondering if they have made a complish almost anything; that being pushed difference. Marines don’t have that f to do your very best is a godsend; that an problem.’’ order is an order, a duty is a duty, that re- THE SATELLITE CONSUMER My good friend of many years, Jim sponsibility goes down the chain of com- PROTECTION ACT Lehrer, gave a particularly inspired mand, as well as up, as do loyalty and re- Mr. ENSIGN. Mr. President, I would speech at the museum dedication that spect; that leadership can be taught, so can bearing, discipline and honor; that ‘‘follow like to note that while I am cospon- captured the fundamental nature of what it means to be a marine, and how me’’ really does mean ‘‘follow me’’; and that soring S. 4067, there are some out- that Semper Fidelis really does mean ‘‘al- standing issues that I believe need to that experience shaped him, as it did ways faithful’’; and that the Marines hymn is be addressed before we proceed with all of us, in our lives. so much more than just a song. this legislation. It is critical to my I ask unanimous consent that his in- My Marine experience helped shape who I rural consumers that they continue to spiring speech be printed in the RECORD am now personally and professionally, and I have access to distant network signals as a tribute to all marines, former or am grateful for that on an almost daily that they have come to enjoy and de- current, around the world. basis. And I often find myself wishing every- one had a similar opportunity, to learn pend on, and through no fault of their There being no objection, the mate- rial was ordered to be printed in the about shared dependence, loyalty, responsi- own now face losing on December 1st, bility to and for others, about mutual re- RECORD, as follows: 2006. I want to ensure that all of my spect and honor, and about the power of ap- constituents are protected. Accord- TRIBUTE TO MARINES pealing to the best that’s in us as human ingly, I look forward to working with (By Jim Lehrer) beings, not the worst. the bill sponsors to improve the lan- Mr. President, generals, colonels, majors, As a journalist, there has been one over- guage when the Senate reconvenes in captains, lieutenants, warrant officers, ser- riding effect of my Marine experience: While debates over sending Americans into harm’s December. In Nevada we have over 5,000 geants, corporals, privates, ladies and gentle- men. way are always about issues of foreign pol- consumers that will be shut off if ac- We are the Marines. And in this museum, icy, geopolitics and sometimes even politics- tion is not taken to restore these sig- our story is told. It is a single, monumental politics, for me, they are also always about nals. story, made up of 231 years of many separate young lance corporals and second lieuten- f stories of heroism and courage, of dedication ants and other very real people in all and sacrifice, of service to our country and branches of the U.S. military, people with MARINE CORPS BIRTHDAY to our corps, of honor and loyalty to each names, ranks, serial numbers, faces, fami- Mr. WARNER. Mr. President, I want other in war and in peace; 231 years of profes- lies, and futures that may never be. to take a moment to commemorate an sionalism and pride, of squared corners and When Marines stand for or sing the Ma- squared-away lockers, perfect salutes and rines’ hymn, as we will at the conclusion of important event that took place on good haircuts, well-shined shoes, and eyes this ceremony, it’s never for ourselves per- Veterans Day weekend. On November right, 231 years of Semper Fis and DIs. sonally. It’s always for the Marines who 10, the Marine Corps Birthday, I was First time I came to Quantico was 51 years went before us, with us, and after us, first privileged to give the annual address at ago. I came as an officer candidate, a PLC on and foremost for those who gave their lives,

VerDate Aug 31 2005 04:56 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.105 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11048 CONGRESSIONAL RECORD — SENATE November 16, 2006 their health, their everything at places such outnumbered 5 to 1 and worse, outgunned As a mother, I understand the joy as Tripoli, Belleau Wood, Haiti, Wake Island, and surprised, managed to stop the Germans and the meaning that raising a child Guadalcanal, Peleliu, Iwo Jima, Chosin, In- in their main line of advance. The Germans can bring to one’s life. I also under- chon, Danang, Khe Sahn, Beirut, and Bagh- never did take the Ridge. stand the importance that a stable dad, Fallujah and Ramadi. Their heroic stand at Elsenborn The death rate among Marines in Iraq has home can play in a child’s develop- Ridge helped turn the tide at the Bat- ment. Each year, National Adoption been more than double that of the other tle of the Bulge, where we suffered services. That’s a first-to-fight, first-wave Day offers us all an opportunity to not pattern that has pretty much held since the some 80,000 casualties. Although many only reflect on the benefits that adop- Revolutionary War, when 49 of the very first of the 99th have passed on, their tradi- tion can bring but also to raise aware- U.S. Marines of our country died in combat. tion remains strong, especially among ness of the thousands of children across Their mission was aboard ship; there are still their descendents. our Nation who are still awaiting sta- Mr. George Pedersen, a distinguished Marines who serve at sea. ble, nurturing, and loving homes and There are others who fly and maintain jets Virginia businessman, is the nephew of families. and helicopters, man the artillery, operate 99th Infantry soldier, SGT Arnie Goa. Last year, 227 events were held on tanks and trucks, feed and supply the troops, Like most of his fellow soldiers of this National Adoption Day in 45 States. In compute and collate, train and inspect, little known but critically important march and make music, recruit, guard and the process, over 3,000 adoptions were action, Sergeant Goa has passed into escort, radio and communicate, patrol and history, but his legacy lives on, and finalized. At Saturday’s celebration in snipe, as well as save tsunami, earthquake Hot Springs, AR, and at similar events and other disaster victims around the world, George Pedersen thought it important to commemorate his uncle and the sol- across the country, we all hope to build collect toys at Christmastime for American on that success as hundreds of volun- kids in need, stage a marathon run through diers of the 99th, so he volunteered to Washington, D.C., for charity, or do what- underwrite the reunion, paving the way teers take time out of their schedules ever else needs to be done, particularly if the for the remaining soldiers and their to help place children in permanent need is for it to be done well and be done im- families to meet, exchange stories, and homes. mediately. complete that final chapter of distin- In my State of Arkansas, our judges, We are the Marines. And in the language of guished service to their Nation. courts, and child advocates have the rifle range, we are always ready on the Many of these fine men may have worked tirelessly on behalf of our right, ready on the left, all ready on the fir- passed, but in a very real sense, Ser- State’s foster children. In consultation ing line, whatever kind of firing is required, with them and in cooperation with my and wherever that line may be. geant Goa’s spirit, and the spirit of his fellow soldiers, lives on in the lives and colleagues, I have done all I can to en- f sacrifices of our young men and women sure our adoption process is as efficient CELEBRATING THE 99TH in uniform who serve our country as possible. With an estimated 118,000 INFANTRY today. I know that these veterans of children across our country in foster care and awaiting adoption, I urge my Mr. WARNER. Mr. President, this that long ago battle would all be im- colleagues to continue working to- past August, the surviving members of mensely proud of those who now follow gether on behalf of these children. The the 99th Infantry Division met to- in their footsteps. I commend these opportunity to grow up in a nurturing, gether in Fort Mitchell, KY. Of this di- veterans and their families for their loving, and stable family is something vision, only a few remain. But the sur- great contribution to each of us, and I that none of us should take for grant- vivors and their widows gathered in commend Mr. Pedersen for his con- ed. It is our duty in this Congress to August to complete the final chapter of tribution to their memories. ensure that these children are not de- the story of this exceptional group of f nied this opportunity but given timely Americans. SUBMITTAL OF INTELLIGENCE placement with the home and the fam- The Battle of the Bulge is well COMMITTEE REPORT ily that each and every one of them de- known to most Americans, but the ef- Mr. ROBERTS. Mr. President, I ask serve. forts and triumphs of the 99th Infantry unanimous consent to have printed in I would also like to once again ex- are less well recognized. These men the RECORD a letter dated November 16, press my support and offer my heart- played a crucial role in the eventual 2006. felt gratitude not only to the volun- Allied victory, though few knew it at There being no objection, the mate- teers in Arkansas and across the coun- the time. This battle is best described rial was ordered to be printed in the try who make National Adoption Day by Professor Stephen Ambrose, the pre- RECORD, as follows: the success it is but also to the selfless eminent World War II historian who U.S. SENATE, men and women who work every day provides a snapshot of their efforts in SELECT COMMITTEE ON INTELLIGENCE, on behalf of America’s children. an article in the Military History Washington, DC, November 16, 2006. Quarterly. Ambrose describes the scene DEAR MR. PRESIDENT: As chairman and f along Elsenborn Ridge: vice chairman of the Select Committee on Intelligence, we submit to the Senate the re- INFLAMMATORY BREAST CANCER To the north, between Monschau and port of the Senate Select Committee on In- Losheim, the U.S. 99th Infantry Division, telligence regarding its activities during the Mrs. MURRAY. Mr. President, I rise newly arrived in Europe, and the 2nd Infan- 108th Congress from January 7, 2003, to De- today to make my colleagues aware of try Division . . . did not simply delay the cember 8, 2004. The committee is charged by inflammatory breast cancer, IBC, the German advance but stopped it along the the Senate with the responsibility of car- least common but most aggressive type critical point of the whole battle, Elsenborn rying out oversight of the intelligence ac- of breast cancer. Although IBC ac- Ridge. The low ridge . . . was the main ob- tivities of the United States. While much of counts for 1 to 5 percent of all breast jective of Sepp Dietrich’s 6th Panzer Army. the work of the committee is of necessity Elsenborn Ridge was the Little Round Top of conducted in secrecy, the committee believes cancer cases in the United States, it is the battle. The German General Dietrich that the intelligence community and this an especially aggressive and rare form drove his units mercilessly, but he could not committee should be as accountable as pos- of breast cancer. take it due to the steadfastness of the Amer- sible to the public. This unclassified, public The unique symptoms of IBC can re- ican resolve and the sheer courage of these report to the Senate is intended to con- sult in misdiagnoses or late diagnoses. brave men facing the ultimate test in brutal tribute to that objective. IBC often presents with similar symp- conditions. Sincerely, toms as mastitis, a type of breast in- Ambrose adds, PAT ROBERTS, fection. The disease also occurs more Chairman, ‘‘In the vast literature of the Battle of the JOHN D. ROCKEFELLER IV, frequently in younger women. Physi- Bulge, Elsenborn Ridge always yields pride Vice Chairman. cians may believe these young women of place to the far more famous action . . . f are at lower risk for breast cancer and at Bastogne. Everyone knows about the 101st might misdiagnose their symptoms. Airborne at Bastogne; almost no one knows NATIONAL ADOPTION DAY even the names of the 99th and 2nd Infan- Unfortunately, these delays in correct tries. Yet it was along Elsenborn Ridge . . . Mrs. LINCOLN. Mr. President, today diagnosis result in the sad fact that that these two ordinary infantry divisions, I rise to commemorate National Adop- IBC is more likely to have metasta- largely out of touch with their commands, tion Day. sized at the time of diagnosis than non-

VerDate Aug 31 2005 04:56 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.070 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11049 IBC cases. IBC is also an especially ag- Whereas, laboratory based research on IBC and unfair effects of the abatement gressive form of breast cancer. As a re- has been limited because little, if any, doctrine. It preserves restitution and sult, the survival rate for patients with pretreatment tumor tissue is available for the potential use of a criminal convic- research; and IBC is significantly lower than those Whereas, we recognize the courage and tion. in later civil proceedings such as with non-IBC breast cancer. strength of women battling IBC, and the civil forfeiture, while protecting a de- These sobering facts tell us that edu- families and friend’s who love and support fendant’s rights. cation and awareness about this rare them, and our state is grateful for the hard If a defendant dies after pleading cancer are desperately needed so that work and commitment of our dedicated re- guilty or being found guilty by a jury, women are quickly and properly diag- searchers and medical professionals; and restitution and the use of the convic- nosed. My home State of Washington is Whereas, with continued effort, we can tion in civil proceedings will be per- raise any awareness of IBC and find new making important strides in this direc- ways to prevent and treat this deadly dis- mitted. In such cases, the bill allows tion. In fact, Washington State re- ease; the defendant’s estate to step into his cently celebrated Inflammatory Breast Now, therefore, I, Christine O. Gregoire, shoes and continue to defend the con- Cancer Awareness Week, thanks to the Governor of the state of Washington, do viction. The estate can appear on be- foresight of Governor Christine hereby proclaim October 1–7, 2006, as Inflam- half of the defendant at sentencing, Gregoire and the hard work of Wash- matory Breast Cancer Awareness Week in and it can file post-trial motions. The Washington State, and I urge all citizens to ington’s IBC advocates. This special join me in this special observance. estate can also appeal the conviction. observance goes a long way in raising This assures that the integrity of the awareness about IBC in my home f criminal and appellate process is pre- State. PRESERVING CRIME VICTIMS’ served and that there is an adequate Efforts such as Washington State’s RESTITUTION ACT opportunity to challenge the validity awareness week are a good start, but Mr. SESSIONS. Mr. President, I am of a conviction and ensure that justice more education and awareness are pleased to join with Senator FEINSTEIN has been done. Basically, under this needed for both patients and their phy- and cosponsor the Preserving Crime bill, the criminal and appellate process sicians. We also must increase access Victims’ Restitution Act of 2006. move forward with respect to restitu- to screening, especially for low-income When a criminal defendant pleads tion and use of a conviction in later women. One important step that Con- guilty or is found guilty by a jury of civil proceedings just as though the de- gress can take to increase these efforts his peers but dies before sentencing or fendant were still alive. is to pass S. 1687, the National Breast while his case is on appeal, the defend- Ultimately, the Preserving Crime and Cervical Cancer Early Detection ant’s victims should not sustain a fi- Victims’ Restitution Act is about fair- Program Reauthorization Act of 2005. nancial loss and the defendant’s estate ness. It is fair to victims—who too For all types of breast cancer—but es- should not profit from his crimes. The often get overlooked in the criminal pecially for IBC—early detection is judicially created doctrine of abate- process. It is fair to the Government— critical to catching cancer early before ment provides, however, ‘‘that the which may have committed enormous it spreads. I am working with Chair- death of a criminal defendant pending time and resources to obtaining a con- man ENZI and Ranking Member KEN- an appeal of his or her case abates, ab viction. And it is fair to the defend- NEDY to bring this bill up for a vote in initio, the entire criminal proceeding.’’ ant’s estate—which should be allowed the Health, Education, Labor, and Pen- In its most extreme form, the scope to represent the defendant’s interests sions Committee, and it is my hope of the doctrine can be breathtaking. As and contest the Government’s case but that we can pass this bill before the the U.S. Court of Appeals for the Fifth should not be allowed to profit from end of the 109th Congress. Circuit held in United States v. Par- crime simply because a defendant dies. In closing, I commend the efforts of sons: I hope we can move quickly to pass Governor Gregoire and the IBC advo- [T]he appeal does not just disappear, and the Preserving Crime Victims’ Restitu- cates in Washington State. I am com- the case is not merely dismissed. Instead, ev- tion Act of 2006, and I urge my col- mitted to making the Federal Govern- erything associated with the case is extin- leagues to support it. ment a strong partner in these efforts guished, leaving the defendant ‘‘as if he had f by increasing awareness and access to never been indicted or convicted.’’ HELP COMMITTEE AGENDA screening. Together, we can help en- Common sense requires that punish- sure that every woman gets screened ments like imprisonment or proba- Mr. KENNEDY. Mr. President, the for breast cancer and that she and her tionary supervision terminate once a message from this election is clear. doctor have access to the latest med- defendant dies. But when a criminal There is little doubt that the American ical research. conviction involves remedial measures people want a change of course in Iraq. Mr. President, I ask unanimous con- such as restitution to the victims of But they also want a government that sent to have printed in the RECORD a the crime or implicates civil forfeiture stands with them and their families as copy of the proclamation from Wash- of property connected with the crime, they look to the future—jobs that re- ington State to which I referred. we shouldn’t pretend that nothing ever ward their hard work, health care that There being no objection, the mate- happened. A convicted defendant’s is good and affordable, and education rial was ordered to be printed in the death while his case is pending may that continues to open the door to the RECORD, as follows: cheat the hangman, and it may cheat American dream for all of our citizens. PROCLAMATION the jailer—but it shouldn’t cheat the That was the agenda of the voters in Whereas, except for nonmelanoma skin victims. this election and it will be the agenda cancers, breast cancer is the most common Taking a criminal case to trial and of our Health, Education, Labor, and cancer among woman, and is the second lead- obtaining a conviction can involve Pensions Committee when we convene ing cause of cancer death in women, exceed- thousands of hours of work and a huge in the new year. And with Senator ed only by lung cancer; and commitment of resources. In the recent REID as our majority leader, America’s Whereas, Inflammatory Breast Cancer conviction of Ken Lay, for example, the families will see great progress on the (IBC) is the most aggressive form of breast cancer and has a faster doubling time than trial took nearly 4 months and cost the issues that they care most about. other breast cancers; and taxpayers millions of dollars. When a Yesterday, Democrats selected the Whereas, the total number of breast cancer criminal conviction involves financial membership of our committee. Every cases diagnosed for 2005 was 210,000, and of restitution to the victims of the crime member is an experienced legislator that number, six percent were IBC; and or when the conviction could be used in with a deep commitment to working Whereas, symptoms of IBC are similar to a later civil law suit, those effects of families and a solid record for getting those of mastitis, a benign breast infection, the conviction should not be erased by things done. and because IEC usually grows in nests or So I welcome back Senator DODD, sheets rather than a solid tumor, it can the death of the defendant. It is wrong spread throughout the breast without a de- to force the victims or the government Senator HARKIN, Senator MIKULSKI, tectable lump. It is usually not detected by to start over from scratch. Senator BINGAMAN, Senator MURRAY, mammograms or ultrasounds unless there is The Preserving Crime Victims’ Res- Senator JACK REED, and Senator CLIN- a defined tumor; and titution Act addresses the unnecessary TON. And I welcome our new members:

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.061 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11050 CONGRESSIONAL RECORD — SENATE November 16, 2006 Senator OBAMA, Senator-elect SAND- scientists from realizing the full poten- first step toward it should be effective ERS, and Senator-elect BROWN. tial of this research. That bill was re- legislation to strengthen and reauthor- I am also grateful to continue work- jected by the President, but hope can ize CHIP, the program that provides ing together with Chairman ENZI. The never be vetoed. quality health care for 4 million chil- gavel may change hands, but our part- We will be back again and again next dren. nership will not. He is a true leader and year until we succeed in overturning But our experience with health re- has set the standard for fairness and the restrictions on stem cell research form in Massachusetts showed that we statesmanship, and I look forward to that hinder the search for new cures, can do more. We proved that people working with him on the many issues and delay the day when the hope of a from all parts of the political spectrum before the committee in the next Con- better future becomes a reality for pa- can come together to provide health gress. tients across America. care for all. So this, too, is one of our My first priority will be to increase We must also address the crisis in top goals for the coming Congress. the minimum wage. Americans are college affordability that affects every Together, we can—we must—make working harder than ever, but millions low and middle income family and that the promise of this century of the life of hard-working men and women across threatens our economic progress. It is sciences a reality for all Americans by the country aren’t getting their fair more important than ever for our citi- seeing that every American has qual- share. We are not rewarding work fair- zens to have a college education so ity, affordable health care. ly anymore, and working families are they can compete in the global econ- These are our top priorities for the falling behind. omy and have a fair chance at the new year, but they are not our only The minimum wage has been stuck American Dream. But because of soar- priorities. at $5.15 an hour for almost 10 years. A ing college costs, stagnant student aid We must pass the CLASS Act and minimum wage worker who works 40 and heavy student loan debt, it is be- create a long-term care infrastructure in this country that will support every hours a week, 52 weeks a year still coming increasingly difficult for our American’s choice to live at home and makes just $10,700 a year—$6,000 below citizens to get such an education. be part of their community. Every the poverty line for a family of three. Today, students and families are older or disabled American has this In this era of skyrocketing costs, these pinching every penny to save for col- right, and it is our job in Congress to hard-working Americans are forced to lege—but it is not enough. Each year, provide them with the support they make impossible choices—between pay- 400,000 low-income students do not at- need to make this a reality. tend a 4-year college because of cost ing the rent or buying food, between We will strengthen early learning op- paying for gas or paying the doctor. factors. Student debt is also a barrier portunities, starting at birth, for each Americans understand fairness, and to the pursuit of vital but lower-paying of our children. Prevention works in they know this is unfair. That is why professions like teaching, public health care and it can work in edu- the American people took the battle health, and social work. cation as well. into their own hands this year. They Last year, we passed an increase in We must also ensure that our schools pounded the pavements for months to student aid through the Senate only to are equipped to meet the challenges of put minimum wage increases on the see our proposals die in the House. the global economy. Our Nation’s fu- ballot in six States this year. And all With the House and Senate under new ture depends on many things, but cer- six of these ballot initiatives passed by management, next year we will provide tainly one of the most important meas- decisive margins. If there is one mes- needed help to families struggling to ures of the strength of our democracy sage from this election that emerged put their children through college. is the excellence of our public schools. loud and clear, it is that no one who We will increase Pell Grants from This year, we will revisit the reforms works for a living should have to live $4,050 to $5,100. We will cap college loan contained in the No Child Left Behind in poverty. payments to no more than 15 percent of Act. Raising the minimum wage to $7.25 your income. We will cut student loan The law charted a sound course for an hour will benefit almost 15 million interest rates. We will reform the stu- American education four years ago, but Americans. It will help more than 7.3 dent loan program so it works for stu- it is time for us to reshape our commit- million children whose parents will re- dents and not just the banks. And we ment and provide better solutions for ceive a raise. will use the savings to increase student schools to respond to the challenges Minimum wage workers serve in aid. identified by the law. These reforms many of the most difficult and most And at long last, we can no longer ig- are right and we’re ready to work with important jobs in our society. They nore the need for health care reform. President Bush, as we did 5 years ago. care for children in day care centers, We must reduce the cost of health and But given the many failures of imple- and for the elderly in nursing homes. we must make it available to each and mentation by his administration and They clean office buildings, hotel every American. the meager commitments to education rooms, and restaurants across the Every Member of the Senate, and reform in his budgets, the President country. They are men and women of their staffs, and every Federal em- has a high hurdle to cross to dem- dignity, and they deserve a fair wage ployee has a sense of security about onstrate that he is seriously com- that respects the dignity of their work. health care that is denied to millions mitted to these reforms. It is long past time to give minimum of Americans. Members of Congress In addition, we must give workers a wage workers a raise. know that if we get sick, or if our chil- stronger voice in their own futures and Another high priority is to remove dren need medical care, our health in- in meeting the needs of their families. the barriers to lifesaving stem cell re- surance plan will cover virtually all of We must protect workers’ right to join search. the costs. together and fight for better wages and We are in the era of the life sciences, Tens of millions of our fellow citizens working conditions, free from em- and no area of medical research has have no such guarantee. Nearly 50 mil- ployer . Workers need op- more promise than stem cell research lion Americans lack health care cov- portunities to improve their skills to speed the search for new cures for erage entirely, and tens of millions through job training programs. And diabetes, Parkinson’s Disease, cancer, more have inadequate coverage. In a families deserve paid sick days to care and many other serious illnesses. nation with the best doctors and finest for loved ones without fear of losing Thanks to the courage of leaders hospitals in the world, it is profoundly their jobs. such as Michael J. Fox, the people of wrong that so many Americans suffer Americans who have worked a life- Missouri last week chose hope over fear from illnesses that could have been time to provide for their families de- by approving a constitutional amend- prevented or treated more effectively— serve to retire in dignity, not in pov- ment to allow stem cell research. if only health care had been available erty. We must ensure our retirement Congress should learn from that ex- and affordable. system works for all Americans, not ample. Last year, a broad bipartisan The time is long overdue to address just corporate executives. majority approved legislation to tear the crisis in health care. Bipartisan We can make bipartisan progress, down the barriers that have kept NIH health care reform is possible, and our too, on measures that will improve

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.013 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11051 health care and reduce costs—not by its power and capability and must Accordingly, it is essential that we denying services to patients, but by ramp up its diplomatic efforts through- treat instability in Somalia like the improving efficiency and effectiveness. out the region and the international true threat that it is. We need to act Congress should aid doctors, hospitals, community to bring this crisis to an quickly and decisively and as if Amer- and patients to improve their use of end. ican lives depend on it. They do. electronic medical records, and we Unfortunately, the administration f should explore responsible ways to re- has yet to appoint a senior coordinator CELEBRATION OF THE 80TH ward the quality of health care, not for Somalia to pull together a strategy BIRTHDAY OF EARL HOLDING just the quantity of care. and to engage fulltime with inter- And we must fulfill our duty through national and regional partners in ad- Mr. HATCH. Mr. President, I rise our hearings and our legislative pro- dressing this crisis. There also appears today to pay tribute to a dynamic man, gram to ensure that Government is to be a reluctance to put in place addi- my constituent, a loyal friend, loving working for the people, that we have tional personnel and resources needed husband and father, and a highly suc- strong laws to keep workers safe on the to help execute this strategy and to cessful businessman—Mr. Earl Holding. job and that workers are fairly paid, contribute to international efforts to Earl is reaching a wonderful milestone, that student loans work for students bring about a lasting peace throughout his 80th birthday, and I couldn’t let and not just the banks, that students the region. Frustratingly, there has this occasion pass without honoring are protected from exploitation in the been reluctance among administration him for the good he has accomplished private student loan market, that pre- officials to work closely with Congress throughout his life. scription drugs we rely on and the food to identify what additional resources Earl has accomplished feats in busi- we eat are safe, that the workers that are needed to address changing condi- ness in Utah and throughout our Na- risked their lives for others on 9/11 are tions in Somalia. I have asked repeat- tion that few have ever achieved. He cared for as they deal now with the ill- edly for a description of needed re- has made a lasting imprint on many in- ness and injury. sources and support that we in the U.S. dustries including petroleum, ranching, These will be my priorities as chair- Congress can provide to help address and the travel and hotel industry. His man of the Health, Education, Labor, instability in Somalia and have yet to work ethic, and inspirational leader- and Pensions Committee next year. receive a sufficient response. ship has literally transformed the busi- They come directly out of this election Meanwhile, conditions in Somalia ness landscape of our State. His acu- where the American people spoke loud are becoming more complex and more men and tenacity are legendary and and clear. And I look forward to work- troubling. According to a new United are admired by many. ing with my colleagues to make impor- Nations report released this week, both Earl has not been alone in his suc- tant progress for America’s families. the ICU and the TFG are obtaining cess. In 1949, Earl married his business f support from a range of outside actors. partner, Carol Orme, and together they If this is true, it signals a dangerous embarked on a remarkable life jour- SOMALIA mix of regional and international med- ney. These two humble individuals Mr. FEINGOLD. Mr. President, I re- dling that could ignite the entire re- worked together to forge something main deeply concerned about rising in- gion into a devastating conflict. Re- real and lasting in all aspects of their stability and growing tension in Soma- cent statements by leaders throughout lives. A story is told of their early lia. It is becoming clear that efforts to the region, too, suggest that specific years that I believe poignantly displays date have failed to sufficiently address countries may be prepared to intervene the dedication they both have always the stand off between the Islamic outside of the context of a political so- demonstrated. Their wedding night at courts and the transitional federal gov- lution or coordinated international the Temple Square Hotel in Salt Lake ernment, TFG, and now new tension intervention. City reached an early end when they between Ethiopia and Eritrea is threat- Our objectives must not be too lofty: left at 5:00 a.m. to take their irrigation ening to engulf the entire region in a we cannot hope to turn Somalia into a turn at their orchard. costly and devastating conflict. Unfor- peaceful and established democracy In 1952, Earl and Carol accepted the tunately, rising instability in Somalia overnight. But we do need to establish responsibility of managing and invest- is having a direct effect on stability realistic goals and objectives and ad- ing in Little America, a service station throughout the region and, if left un- dress this problem with aggressive di- and motel located in a remote area of checked, will have a significant impact plomacy and engagement—in Somalia, western Wyoming. At the time Little on our national security and the secu- Nairobi, Addis Ababa, New York, Brus- America was unprofitable. In just 2 rity of our friends and allies. sels, Asmara, and throughout the Mid- short years, through hard work, perse- As I have said many times before, it dle East. We must work diligently to verance, and tenacity, the Holdings is imperative that the U.S. Govern- establish a robust political framework were able to turn Little America into ment begin playing a leadership role in within which both Somalia-specific and the largest and highest volume service helping to stabilize Somalia and the re- regional concerns can be addressed, and station in the United States. gion and that it do so immediately. We that will help facilitate a broader ar- From this beginning, the Little need a comprehensive approach to en- rangement that takes into account the America Hotels and hotel properties gaging with regional actors, the inter- range of actors involved in this crisis. led by Earl have became a favorite national community, and the U.N. to This framework must be supported by place for thousands of travelers find a permanent solution to this cri- the international community and key throughout the Western United States. sis. Such an approach will contribute regional actors. It must also take into In fact, in preparation for the 2002 Win- to stability throughout the Horn of Af- consideration the very real security ter Olympic Games, Earl personally rica and to our national security. concerns of Somalia’s neighbors. undertook a mission to build the first We can’t do this successfully, of Unfortunately, we have very little five-star hotel in Utah. His dream be- course, unless we create a comprehen- time. Conditions continue to deterio- came a reality with the development sive approach and apply sufficient re- rate, and we can’t count on weak diplo- and building of the Grand America sources and attention to this growing matic efforts to get us what we need. Hotel in Salt Lake City. This property problem. I was pleased when the Senate Instability in Somalia has very real na- is truly ‘‘grand.’’ It is beautiful from passed an amendment I offered to the tional security implications for our the top to the bottom and is a wonder- Defense authorization bill a few country. Somalia remains what it has ful testament to Earl’s dedication to months ago that calls for a comprehen- been for years: a haven for known al- quality and service. sive strategy for establishing long- Qaida operatives and terrorist net- Earl’s contribution to the travel and term stability in Somalia. I believe, as works and criminal networks that recreation arena doesn’t end with his do a number of colleagues on both sides threaten U.S. interests. As we learned hotel properties. He also owns and of the aisle, that the United States in Afghanistan, we cannot ignore the manages the Snowbasin ski area in must develop a comprehensive strategy conditions that breed and empower ex- Utah, the home of several Olympic for Somalia that utilizes all facets of tremist and terrorist organizations. races during the 2002 Olympic Winter

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.014 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11052 CONGRESSIONAL RECORD — SENATE November 16, 2006 Games; and the Sun Valley resort in sors personally vested in each student Montana: Robin Gerber, History and Social Idaho, repeatedly named the No. 1 ski shape the leaders of tomorrow. These Sciences Instructor, Miles Community Col- resort in America. individuals should be proud of their ac- lege. Nebraska: Maxine Fawcett-Yeske, Asso- Earl’s business holdings also include complishment. ciate Professor of Music, Nebraska Wesleyan a large petroleum portfolio anchored I commend and thank all the winners University. by his purchase of Sinclair Oil in 1976. for your leadership and passion for edu- Nevada: Cheryll Glotfelty, Associate Pro- His innovative leadership in the petro- cating. No doubt you have inspired an fessor of Literature and the Environment, leum industry has enabled Sinclair Oil untold number of students. I wish you University of Nevada, Reno. to grow and is now one of the largest the very best in all your endeavors. New Hampshire: Paul Christesen, Assistant privately held, full integrated oil com- Professor of Classics, Dartmouth College. Congratulations and best regards. New Jersey: Barry V. Qualls, Professor of panies in America. The four national award winners are: English, Rutgers, The State University of His leadership and dedication have Outstanding Baccalaureate Colleges Pro- New Jersey. been recognized many times through fessor: K.E. Brashier, associate professor of New York: Charles Williamson, Professor numerous awards and honors, including religion and humanities, Reed College, Port- in Mechanical and Aerospace Engineering, an honorary doctorate degree from the land, Ore. Cornell University. University of Utah, the Woodrow Wil- Outstanding Community Colleges Pro- North Carolina: Thomas Arcaro, Professor of Sociology, Elon University. son International Center for Scholars fessor: Mark Lewine, professor of anthro- pology, Coyahoga Community College, Ohio: Ormond Brathwaite, Professor of Bi- of the Smithsonian Institution’s Award Cleveland, Ohio ology and Chemistry, Cuyahoga Community for Corporate Citizenship, appoint- Outstanding Doctoral and Research Uni- College. ments to the U.S. Postal Commission versities Professor: Alex Filippenko, pro- Oklahoma: Vivian Thomlinson, Associate and the Salt Lake Olympic Organizing fessor of astronomy, University of Cali- Professor of English, Cameron University. Committee, and as president of the fornia, Berkeley Oregon: Karen Elizabeth Eifler, Associate American Independent Refiners Asso- Outstanding Master’s Universities and Col- Professor of Education, University of Port- land. ciation. leges Professor: Donna C. Boyd, professor of anthropology, Radford University. Pennsylvania: Patricia Nestler, Associate Another hallmark of Earl’s life has Professor of English, Montgomery County been his commitment to the thousands State Winners: Community College. of employees he has hired throughout Alabama: Scott Stephens, Professor of Art, South Carolina: Maria K. Bachman, Asso- the years. Each Christmas season, Earl University of Montevallo. ciate Professor of English, Coastal Carolina and Carol take the time to express per- Arizona: Rene Diaz-Lefebvre, Professor of University. Tennessee: George Poe, Professor of sonally their gratitude to each one of Psychology, Glendale Community College. Arkansas: Catherine Bordeau, Associate French and French Studies, Sewanee: The their 7,000 employees. Professor of French, Lyon College. University of the South. A famous orator, John Wesley, once California: David Paddy, Associate Pro- Texas: Jennifer L. O’Loughlin-Brooks, Pro- stated: ‘‘Do all the good you can, by all fessor of English Language and Literature, fessor of Psychology, Collin County Commu- the means you can, in all the ways you Whittier College. nity College. can, in all the places you can, at all the Colorado: Daniel Miller, Associate Pro- Utah: Eric Amsel, Professor of Psychology, times you can, to all the people you fessor of Astronautics, United States Air Weber State University. Force Academy. Vermont: David T.Z. Mindich, Professor of can, as long as ever you can.’’ Journalism and Mass Communication, St. This describes Earl Holding. His good Connecticut: Scott Plous, Professor of Psy- chology, Wesleyan University. Michael’s College. Virginia: Joann Grayson, Professor of Psy- works accomplished through 80 years Delaware: Alan Fox, Associate Professor of chology, James Madison University. will be acknowledged and felt for gen- Philosophy, University of Delaware. Washington: David Domke, Associate Pro- erations to come. He is a living exam- District of Columbia: Elizabeth Chacko, fessor of Communication, University of ple of courage, commitment, and dedi- Associate Professor of Geography and Inter- Washington. cation. Hard work has never deterred national Affairs, The George Washington West Virginia: Norman Duffy, Professor of him, and integrity has always been his University. Chemistry, Wheeling Jesuit University. guiding beacon. Florida: William F. Felice, Professor of Po- Wisconsin: Donald A. Neumann, Professor Mr. President, I consider it a great litical Science, Eckerd College. in Physical Therapy, Marquette University.∑ Georgia: Carmen Acevedo Butcher, Asso- honor to call Earl Holding a friend. He ciate Professor of English, Shorter College. f is an exceptional human being whose Guam: Vivian Dames, Associate Professor, HONORING THE LIFE OF DR. footprints will last for years. His suc- University of Guam. MILTON FRIEDMAN cess has not been achieved with one Idaho: James Angresano, Professor of Po- single magnificent accomplishment but litical Economy, Albertson College of Idaho. ∑ Mr. BUNNING. Mr. President, I through a journey of good work and ex- Illinois: Miriam Ben-Yoseph, Associate would like to take the opportunity to ceptional leadership. I pay tribute to Professor, DePaul University. honor the life of a great American him today and hope my colleagues will Indiana: Randy Roberts, Professor of His- economist, Dr. Milton Friedman, who tory and American Studies, Purdue Univer- passed away today. join with me in wishing him a very sity. happy 80th birthday! In his 94 years, he lead an intellec- Iowa: Jeff Barker, Professor of Theatre and tual movement at the University of f Speech, Northwestern College. Chicago focused on the failure of gov- ADDITIONAL STATEMENTS Kansas: Harald E.L. Prins, University Dis- tinguished Professor of Anthropology, Kan- ernment intervention in the market sas State University. process, wrote extensively on both eco- Kentucky: Frank Wiseman, Professor of nomics and public policy, served on the RECOGNITION OF PROFESSORS OF Chemistry, Georgetown College. President’s Commission on an All-Vol- THE YEAR Louisiana: Jo Dale Ales, Assistant Pro- unteer Armed Force and the Presi- ∑ Mr. ALLARD. Mr. President, I rise fessor for Biology, Baton Rouge Community dent’s Commission on White House Fel- today to congratulate the winners of College. lows, served on President Ronald Rea- the United States Professor of the Year Maine: Eric Landis, Professor of Civil En- gineering, University of Maine. gan’s Economic Policy Advisory Board, Award. Since 1981, this program has sa- : Joan Murray Naake, Professor and served as president of American luted outstanding undergraduate in- of English, Montgomery College, Rockville. Economic Association, the Western structors throughout the country. This Massachusetts: Cathleen K. Stutz, Assist- Economic Association, and the Mont year, a State Professor of the Year was ant Professor of Education, Assumption Col- Pelerin Society. Dr. Friedman was also recognized in 43 States, the Dis- lege. awarded the Presidential Medal of trict of Columbia and Guam. Michigan: Elfie Schults-Berndt, Director of Freedom, the National Medal of This award is recognized as one of Music, Lake Michigan College. Science, and the Nobel Prize in eco- the most prestigious honors bestowed Minnesota: Randy Moore, Professor of Bi- ology, University of Minnesota-Twin Cities. nomic sciences. upon a professor. To be nominated for Mississippi: Sarah Lea McGuire, Professor Dr. Friedman was a prominent de- this award requires dedication to the of Biology, Millsaps College. fender of the free market and small art of education and excellence in Missouri: Lynn Rose, Associate Professor government. A critic of the Federal Re- every aspect of the profession. Profes- of History, Truman State University. serve, he argued that the misguided

VerDate Aug 31 2005 07:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00076 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.001 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11053 policies of the directors of the Federal in honor of their recognition by the an- I now ask my fellow colleagues to Reserve, through contraction of the nual U.S. News and World Report join me in thanking Dr. Wiseman for money supply, prolonged and worsened America’s Best Colleges issue. By con- his dedication and commitment to the the effects of the Great Depression. stantly striving for academic excel- education of America’s future. In order I believe Dr. Friedman’s greatness lence and inspiring their students to for our society to continue to advance was not in being an academic but in succeed, the faculty of this institute of in the right direction, we must have taking economic principles, and his im- higher education continues to provide professors like Dr. Wiseman in our in- movable convictions, to everyday peo- the tools needed to ensure a bright fu- stitutions of higher learning, in our ple through his books, columns, public ture for all graduates. communities, and in our lives. He is television series, speeches, and tele- Every year, thousands of schools are Kentucky at its finest.∑ vision appearances. surveyed by U.S. News, and the f To truly honor the life and achieve- rankings are based on expert opinion COMMENDING NATALIE WILSON ments of Dr. Milton Friedman, we about academic program quality and CRAWFORD should heed the lesson he dedicated statistics that measure the quality of a much of his life to: the free society and school’s faculty, research, and stu- ∑ Mrs. FEINSTEIN. Mr. President, the free economy are both essential dents. The information gathered is con- today it is my pleasure to commend and inseparable. In his book ‘‘Cap- solidated and measured to determine Mrs. Natalie Wilson Crawford for her italism and Freedom,’’ Friedman re- individual college ranking in the final service to the Nation and to the U.S. minds us that, ‘‘Economic arrange- report. Air Force. ments play a dual role in the pro- Murray State University has a long Mrs. Crawford is an internationally motion of a free society. On the one history of academic excellence and recognized expert on air and space hand, freedom in economic arrange- continues to excel in enriching the aca- power who has been at the California- ments is itself a component of freedom demic careers of the students who at- based RAND Corporation since 1964. broadly understood, so economic free- tend. The school was ranked sixth in For the past 9 years she has held the dom is an end in itself. In the second position of vice president, RAND Cor- place, economic freedom is also an in- the South as a ‘‘Top Public’’ univer- sity. In addition, Murray was ranked poration, and director of Project AIR dispensable means toward the achieve- FORCE, one of the principal research ment of political freedom.’’.∑ 15th in the South among public and private universities in the individual divisions of this famous think tank. ∑ Mr. ALLARD. Mr. President, today I For 60 years, Project AIR FORCE, category of ‘‘Best Masters Univer- wish to note the passing and celebrate originally called Project RAND, has sities.’’ The 10,000 students who attend the life of Milton Friedman. provided independent and objective Nobel laureate Friedman was an this school are ensured a successful analysis on issues of major concern to economist whose work expanded aca- academic career with diverse degree the U.S. Air Force. During her tenure demia to influence , programs and exceptional faculty sup- as its director, Mrs. Crawford built and Margaret Thatcher, Alan Greenspan, port. sustained an outstanding research I now ask my fellow colleagues to Ben S. Bernanke, and many others. If I team, expanded the research agenda, may dare to join such company, he also join me in congratulating Murray and further cemented RAND’s strategic influenced me. State University on their exceptional relationship with the Air Force’s sen- Friedman argued that the goal of academic accomplishments. Achieve- ior leaders. monetary policy should be long-term, ments such as this bring great pride to Among her many honors, Mrs. stable growth in the supply of money. the entire Bluegrass State. It is a true Crawford has twice been awarded the ∑ He championed individual initiative example of Kentucky at its finest. Air Force’s Decoration for Exceptional and deregulation and influenced deci- f Civilian Service. In 2003, she received sions from severing the dollar from TRIBUTE TO DR. FRANK WISEMAN both the Lifetime Achievement Award gold to ending the military draft. from the Air Force Analytic Commu- The Wall Street Journal today ∑ Mr. BUNNING. Mr. President, today I nity and the Lieutenant General Glenn quoted Carnegie Mellon University pay tribute to Dr. Frank Wiseman, who Kent Leadership Award. Professor Allan H. Meltzer as saying is the recipient of the 2006 U.S. Pro- In October 2006, Mrs. Crawford ‘‘It’s hard to think of anyone who’s had fessor of the Year Award for the State stepped down from her administrative more of a direct influence on social and of Kentucky. This is a prestigious pro- roles in Project AIR FORCE, but she economic policy in this generation.’’ gram that honors and awards the most will continue to act as a senior advisor The PBS airing of his 10-part series influential undergraduate instructors ‘‘Free to Choose,’’ a defense of free to RAND’s chief executive officer and in the country. as a senior mentor on the USAF Sci- market economics, made a huge im- Since 1981, the U.S. Professors of the pression on me. I watched them all and entific Advisory Board, where she has Year program has saluted exceptional served since 1988. learned much. professors who have demonstrated a Friedman was born in 1912. After It is my pleasure and privilege to heightened dedication to teaching, thank Natalie Crawford for her ex- graduating from high school before his commitment to students, and creative 16th birthday, Friedman won a scholar- traordinary contributions to pre- instructional techniques and methods. serving America’s national security. ship to Rutgers University. He later The program is sponsored by the Coun- studied at the University of Chicago, The dedication and energy she has cil for the Advancement and Support of where he met his future wife, Rose Di- shown in her four-decade career dem- Education which collaborates with rector. Friedman graduated with a onstrate the highest ideals of service multiple higher-education associations master’s degree from the University of and commitment.∑ to direct and promote the program. Chicago in 1933 and earned a doctorate f As a professor of chemistry at from Columbia University in 1946. He Georgetown College in Georgetown, HONORING DR. DAVID E. JANSSEN served as an economic adviser during ∑ Barry Goldwater’s Presidential cam- KY, Dr. Wiseman uses innovative Mrs. FEINSTEIN. Mr. President, paign, won the Presidential Medal of teaching methods to help his students today I honor Dr. David E. Janssen, Freedom in 1988, and was most recently understand the complexities of chem- who is retiring after an impressive ca- a senior research fellow at the Hoover istry, a subject many find challenging. reer spanning 40 years as a public serv- Institution. He has developed games and animation ant in the State of California. His contribution to our country was exercises as well as a unique grading Dr. Janssen is retiring as chief ad- vast, and I mourn his passing.∑ system to address the diverse needs of ministrative officer of the county of his students. By introducing and apply- Los Angeles where he has served with f ing creative educating tactics along distinction since August 1996. I extend TRIBUTE TO MURRAY STATE with standard science research meth- to him my sincere congratulations for UNIVERSITY ods to assist his students, Dr. Wiseman the decades of dedicated service that ∑ Mr. BUNNING. Mr. President, today I personifies everything an educator he has given to his Nation, his State, pay tribute to Murray State University should strive for in their career. and his county.

VerDate Aug 31 2005 07:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00077 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.058 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11054 CONGRESSIONAL RECORD — SENATE November 16, 2006 For the past decade, Dr. Janssen has Iowa public safety in the 1970s, as a 20TH ANNIVERSARY OF THE played an invaluable role in helping consultant in Saudi Arabia to the REDFIELD FIRE the Los Angeles County Board of Su- Kingdom’s Highway Patrol Project in ∑ Mr. JOHNSON. Mr. President, today pervisors accomplish its Federal and the early 1980s, as director of the Gov- I wish to remember the fire that dev- State legislative priorities. ernor’s Office of Drug Control Policy, astated the community of Redfield, SD, While his many accomplishments are and as a member of the President’s on November 16, 1986. Though there was too numerous to list here, his most re- Drug Free Communities Committee. In a tragic loss of life and many families cent efforts clearly demonstrate just December, he will complete two terms saw their property and possessions de- how much he has meant to Los Angeles as U.S. attorney for the Northern Dis- stroyed, the community was able to county and my State over his entire trict of Iowa. come together to help each other career. My staff and I have worked closely through those difficult times and to ul- Dr. Janssen has advocated closely on with Chuck for many years. I could timately rebuild and thrive. important Medicaid reform proposals cite many examples of his leadership The fire began sometime prior to 4:30 and helped to improve the flexibility of and professional excellence, but one in- that morning and was reported by Federal foster care funds. stance stands out in particular. Some Dawn Waldner. Soon local police and He coordinated and developed advo- time ago, my office was contacted by firefighters were on the scene, but the cacy strategies with local government members of an Iowa jurisdiction where blaze proved uncontrollable. It was in and housing and community develop- various law enforcement agencies and the process of consuming an apartment ment groups in the Los Angeles region key players in the community were not building with 31 apartments and many to protect vital community develop- communicating effectively, leading to of the downtown businesses in Redfield. ment block grant funds. an increase in drug and gang activity. The fire was so hot that it cracked the Working to improve the county’s My staff contacted Chuck, and he in- windows of any building in the vicinity health system, Dr. Janssen helped as- tervened in that community personally of the flames. The Senior Citizens Cen- sure critical Federal funding guaran- and directly. He set up meetings with ter, Crawford Furniture, Coast to Coast community members and law enforce- tees and assisted in creating an action hardware, Blaine St. Clair’s business ment agencies and brought them to- plan in the event of an avian flu epi- office, American Family Insurance, gether in a positive spirit. Today, that demic. He also collaborated with the KQKD Radio, and a TV repair shop community is considered a national State’s congressional delegation, Gov- were among the businesses that were model for cooperation in the fight ernor Arnold Schwarzenegger, and the destroyed or damaged. against drugs and gangs. And one thing administration to secure funding for The day’s greatest loss, however, was that all groups in the community agree Martin Luther King/Charles R. Drew the life of young Rebecca Nelson, who on is that it was Chuck’s leadership Medical Center—King/Drew—in south was just over a year old. She was and personal skills—going above and trapped in the burning apartment Los Angeles, preserving critical, life- beyond his job description—that led to saving services, and ensuring that the building, and though people on the this success. Thanks to Chuck’s work scene made heroic efforts to save her, patients served by King/Drew continue in that community and cross my State, they could not discover her in time. Ci- to have access to care. Iowa is a better, safer place to live, vilian Gene Freshour and police ser- In an issue that is of utmost impor- work, and raise a family. Indeed, there geant Dave Dosch both risked their tance to my State, he worked closely is no doubt in my mind that Chuck’s lives by going into the building with- with key administration officials and dedicated work is one big reason why out masks to search for the child. Fire- members of Congress to ensure that Iowa has one of the lowest crime rates fighters Bob Tiff, Jim Haider, Ron Los Angeles Air Force Base would not in the United States. Eimers, and Rich Gruenwald formed a be closed or realigned. One key to Chuck’s success is that he search team, also risking their lives, in In terms of homeland security, Dr. speaks with the authority of a sea- the attempt to find Rebecca. Despite Janssen led the county in working to soned veteran of decades on the front the brave actions of all those involved boost funding and increase the alloca- line fighting crime and improving pub- in the effort, she could not be rescued. tion of first responder grants to local lic safety. Throughout his distin- The fire burned so hot that fire- governments. Likewise, he supported guished career, he has put public serv- fighters said they could see the water legislation to adopt a threat-based for- ice above personal gain. We have all evaporating before it even hit the fire. mula that directs homeland security heard the saying that ‘‘you get what The tar on the streets melted, and am- funds where they are needed most. you pay for.’’ But in Iowa, when it munition in the hardware store was set These are just some of Dr. Janssen’s comes to U.S. attorneys, that is not off. By the time the embers were cold, significant accomplishments on behalf the case. We get far better than we pay over a million gallons of water had of Los Angeles county and the State of for. Despite modest salaries, Iowa has been used putting it out. It wasn’t California. As he retires, I extend my been blessed with U.S. attorneys of the long, though, before the community gratitude to him for his many con- highest caliber. And most folks in Iowa came together to start the hard work tributions throughout a distinguished know this and appreciate it. We hold of healing and rebuilding. career. With sincere best wishes, I con- our law enforcement professionals— With the help of two community de- gratulate him upon his retirement from police officers right up to the velopment block grants, the city was from public service. I am pleased to highest ranking prosecutors—in special able to purchase much of the damaged join his many coworkers, family, esteem. And we are grateful for the ex- property. Over 580 truckloads of debris friends, and associates in wishing him cellence, professionalism, and long were taken from the area, but new health, happiness, and good fortune in hours that they bring to their jobs. businesses have moved in and pros- all his future endeavors.∑ I will miss Chuck’s counsel and his pered. The site also is home to a memo- f can-do, cooperative attitude. My staff rial to Rebecca Nelson. There will be a and I have turned to him again and TRIBUTE TO CHUCK LARSON, SR. memorial service in memory of the again over the years, and he has never events of the day on November 16, 2006, ∑ Mr. HARKIN. Mr. President, one of let us down. It has meant so much to at Siegling’s Parking Lot, near the Re- the joys of my job as a Senator is be able to rely on someone of his cal- becca Nelson Memorial. I extend my working closely with talented, dedi- iber for authoritative answers and deepest condolences to those who suf- cated Iowans from all walks of life. One prompt action. fered losses in the fire and commend of those exceptional people is Chuck Though I am sorry to see Chuck go, I the community for their unity and per- Larson, Sr., U.S. attorney for the know how much he is looking forward severance in rebounding from this dis- Northern District of Iowa. With his re- to spending more time with his fam- aster.∑ tirement next month, he will conclude ily—his wife Ellen and his children and f an extraordinary career in public serv- grandchildren. I am grateful for his ice spanning nearly four decades. decades of truly distinguished and bril- BIGHORN CENTER TRIBUTE Chuck has dedicated his life to the liant public service, and I wish him the ∑ Mr. SALAZAR. Mr. President, I rise law and public safety, as director of very best.∑ today to pay tribute to the Bighorn

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.004 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11055 Center for Public Policy and to recog- MESSAGE FROM THE HOUSE EC–9038. A communication from the Under nize the work of a great Coloradan, the DURING ADJOURNMENT Secretary of Defense (Acquisition, Tech- Bighorn Center’s CEO and founder, nology and Logistics), transmitting, pursu- Rutt Bridges. ant to law, five quarterly Selected Acquisi- ENROLLED BILL AND JOINT tion Reports (SARs) for the quarter ending The Bighorn Center for Public Policy June 30, 2006; to the Committee on Armed was created in 1999 in an effort to pro- RESOLUTION SIGNED Services. vide Colorado with a truly nonpartisan Under authority of the order of the EC–9039. A communication from the Assist- organization that identifies, develops, Senate of January 4, 2005, the Sec- ant Legal Adviser for Treaty Affairs, Depart- and advocates public policies to enrich retary of the Senate, on November 16, ment of State, transmitting, pursuant to law, international agreements other than the quality of life in the State of Colo- 2006, during the adjournment of the treaties entered into by the United States in rado. Over the past 7 years, the Big- Senate, received a message from the the past sixty days; to the Committee on horn Center has brought together lead- House of Representatives announcing Foreign Relations. ers from both sides of the aisle to find that the Speaker has signed the fol- EC–9040. A communication from the Assist- real solutions to Colorado’s ever- lowing enrolled bill and joint resolu- ant Secretary for Legislative Affairs, De- changing public policy needs. tion: partment of State, transmitting, pursuant to law, a report relative to U.S. military per- H.R. 6326. An act to clarify the provision of Rutt Bridges is a close friend and col- sonnel and civilian contractors involved in nutrition services to older Americans. league. He is a man who understands the anti-narcotics campaign in Colombia; to H.J. Res. 100. Joint resolution making fur- the value of hard work and authentic the Committee on Foreign Relations. leadership, and it has been my pleasure ther continuing appropriations for the fiscal EC–9041. A communication from the Assist- year 2007, and for other purposes. to work with him over the years to im- ant General Counsel for Regulatory Services, prove Colorado. The enrolled bill and joint resolution Office of Innovation and Improvement, De- were subsequently signed by the Presi- partment of Education, transmitting, pursu- More than 25 years ago, Mr. Bridges dent pro tempore (Mr. STEVENS). ant to law, the report of a rule entitled ‘‘Dis- and his wife moved to Colorado and cretionary Grant Programs—Notice of Final founded a small software company that f Priorities’’ (71 FR 44671) received on Novem- used emerging computer technology to MESSAGE FROM THE HOUSE ber 14, 2006; to the Committee on Health, search for oil. With his ambition and Education, Labor, and Pensions. intelligence, Mr. Bridges revolution- At 1:09 p.m., a message from the EC–9042. A communication from the Chair- man, Federal Energy Regulatory Commis- ized the oil exploration business. His House of Representatives, delivered by Ms. Niland, one of its reading clerks, sion, transmitting, pursuant to law, a report small software company quickly grew relative to the progress the Commission has from 3 employees to over 70. When he announced that the House has passed the following bill and joint resolution, made in achieving its mission to regulate sold his company in 1994, he committed and oversee energy industries; to the Com- himself to doing good for Colorado, and in which it requests the concurrence of mittee on Homeland Security and Govern- he has maintained that commitment to the Senate: mental Affairs. this day. H.R. 6325. An act to provide a new effective EC–9043. A communication from the Attor- date for the applicability of certain provi- ney General, transmitting, pursuant to law, The Bighorn Center’s list of accom- sions of law to Public Law 105–331. a report relative to audits conducted on the plishments is impressive. As Colorado H.J. Res. 101. Joint resolution appointing Department of Justice’s financial state- attorney general, I worked with the the day for the convening of the first session ments of fiscal year 2006; to the Committee Bighorn Center to develop the Colorado of the One Hundred Tenth Congress. on Homeland Security and Governmental Af- Anti-Bully Project. The Bighorn Cen- The message also announced that the fairs. ter and Mr. Bridges are most well- EC–9044. A communication from the Direc- House has agreed to the following con- tor, Defense Procurement and Acquisition known, however, for Colorado’s tele- current resolution, in which it requests Policy, Department of Defense, transmit- marketing no-call list, passed in 2001 the concurrence of the Senate: ting, pursuant to law, the report of a rule en- by Colorado’s General Assembly. I am H. Con. Res. 423. Concurrent resolution au- titled ‘‘Trade Agreements Thresholds and most proud of working with Rutt and thorizing the printing as a House document Morocco Free Trade Agreement’’ (DFARS the Center to help develop this land- of ‘‘A History, Committee on the Judiciary, Case 2005–D017) received on November 15, mark consumer protection law. Taking United States House of Representatives, 2006; to the Committee on Armed Services. on special interests and supplying 1813–2006’’. EC–9045. A communication from the Sec- grassroots political pressure, the Big- retary, Department of Housing and Urban f Development, transmitting, pursuant to law, horn Center was the driving force in MEASURES REFERRED the Government National Mortgage Associa- making it easy for Coloradans to tion management report for the fiscal year choose to block intrusive and un- The following bill was discharged ended September 30, 2006; to the Committee wanted telemarketing calls. from the Committee on Homeland Se- on Banking, Housing, and Urban Affairs. Mr. Bridges and the Bighorn Center curity and Governmental Affairs by EC–9046. A communication from the Chair- man and President of the Export-Import did not stop there and have often unanimous consent, and referred to the Committee on Energy and Natural Re- Bank of the United States, transmitting, worked behind the scenes to encourage pursuant to law, a report relative to trans- more campaign finance disclosure, con- sources: actions involving U.S. exports to the Repub- vene meetings to discuss Colorado’s H.R. 3699. An act to provide for the sale, lic of Korea, Luxembourg and to other coun- budget issues, and create a DNA acquisition, conveyance, and exchange of tries yet to be determined; to the Committee fingerprinting database for all crimi- certain real property in the District of Co- on Banking, Housing, and Urban Affairs. nals. lumbia to facilitate the utilization, develop- EC–9047. A communication from the Coun- ment, and redevelopment of such property, sel for Legislation and Regulations, Office of The Bighorn Center also created the and for other purposes. Housing, Department of Housing and Urban Bighorn Leadership Development Pro- The following bill was read, and re- Development, transmitting, pursuant to law, gram, directed by another distin- ferred as indicated: the report of a rule entitled ‘‘Disposition of guished Coloradan, Brenda Morrison. HUD-Acquired Single Family Property; Dis- H.R. 6325. An act to provide a new effective ciplinary Actions Against HUD-Qualified This bipartisan program has effectively date for the applicability of certain provi- recruited and trained over 200 young Real Estate Brokers’’ (RIN2502–AI08) re- sions of law to Public Law 105–331; to the ceived on November 15, 2006; to the Com- leaders to work for a better Colorado. Committee on Banking, Housing, and Urban mittee on Banking, Housing, and Urban Af- I am proud of the accomplishments of Affairs. fairs. the Bighorn Center for Public Policy, f EC–9048. A communication from the Prin- and I applaud Mr. Bridges, Ms. Morri- cipal Deputy Associate Administrator, Office son, and other staff at the Bighorn EXECUTIVE AND OTHER of Policy, Economics and Innovation, Envi- Center for their dedication to making COMMUNICATIONS ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled Colorado a better place to live. While The following communications were ‘‘Adequacy of Missouri Municipal Solid the Bighorn Center is closing its doors, laid before the Senate, together with Waste Landfill Program’’ (FRL No. 8242–9) its legacy and the work of these civic- accompanying papers, reports, and doc- received on November 15, 2006; to the Com- minded Coloradans will continue.∑ uments, and were referred as indicated: mittee on Environment and Public Works.

VerDate Aug 31 2005 07:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00079 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.022 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11056 CONGRESSIONAL RECORD — SENATE November 16, 2006 EC–9049. A communication from the Prin- 2006 Performance and Accountability Report; Jack Vaughn, of Texas, to be a Member of cipal Deputy Associate Administrator, Office to the Committee on Homeland Security and the Board of Directors of the Inter-American of Policy, Economics and Innovation, Envi- Governmental Affairs. Foundation for a term expiring September ronmental Protection Agency, transmitting, EC–9060. A communication from the Presi- 20, 2006. pursuant to law, the report of a rule entitled dent of the United States of America, trans- Adolfo A. Franco, of Virginia, to be a Mem- ‘‘Adequacy of Nebraska Municipal Solid mitting, pursuant to law, a report relative to ber of the Board of Directors of the Inter- Waste Landfill Program’’ (FRL No. 8242–6) the export to the People’s Republic of China American Foundation for a term expiring received on November 15, 2006; to the Com- of items not detrimental to the United September 20, 2008, to which position he was mittee on Environment and Public Works. States space launch industry (motorized appointed during the recess of the Senate EC–9050. A communication from the Prin- mixer with a stainless steel vacuum mixing from January 6, 2005, to January 20, 2005. cipal Deputy Associate Administrator, Office tank and fine grain bulk graphite); to the Roger W. Wallace, of Texas, to be a Mem- of Policy, Economics and Innovation, Envi- Committee on Foreign Relations. ber of the Board of Directors of the Inter- American Foundation for a term expiring ronmental Protection Agency, transmitting, EC–9061. A communication from the Presi- October 6, 2008, to which position he was ap- pursuant to law, the report of a rule entitled dent of the United States of America, trans- ‘‘Standards of Performance for Industrial- pointed during the last recess of the Senate. mitting, pursuant to law, a report relative to Kay Kelley Arnold, of Arkansas, to be a Commercial-Industrial Steam Generating the export to the People’s Republic of China Member of the Board of Directors of the Units’’ (RIN2060–AN96) received on November of items not detrimental to the United Inter-American Foundation for a term expir- 15, 2006; to the Committee on Environment States space launch industry (twelve Honey- ing October 6, 2010. (Reappointment). and Public Works. well inertial measurement units); to the Gary C. Bryner, of Utah, to be a Member of EC–9051. A communication from the Acting Committee on Foreign Relations. the Board of Directors of the Inter-American Chief of the Publications and Regulations f Foundation for a term expiring June 26, 2008. Branch, Internal Revenue Service, Depart- Thomas Joseph Dodd, of the District of Co- ment of the Treasury, transmitting, pursu- REPORTS OF COMMITTEES lumbia, to be a Member of the Board of Di- ant to law, the report of a rule entitled rectors of the Inter-American Foundation for ‘‘Revenue Procedure: Reduction of Penalty The following reports of committees a term expiring June 26, 2008. for Understating Tax by Adequate Disclosure were submitted: John P. Salazar, of New Mexico, to be a of an Item on Return’’ (Rev. Proc. 2006–48) re- By Mr. ROBERTS, from the Select Com- Member of the Board of Directors of the ceived on November 15, 2006; to the Com- mittee on Intelligence: Inter-American Foundation for a term expir- mittee on Finance. Special Report entitled ‘‘Committee Ac- ing September 20, 2012. EC–9052. A communication from the Acting tivities of 108th Congress’’ (Rept. No. 109– Thomas A. Shannon, Jr., of Virginia, a Ca- Chief of the Publications and Regulations 360). reer Member of the Senior Foreign Service, Branch, Internal Revenue Service, Depart- By Ms. SNOWE, from the Committee on Class of Minister-Counselor, to be a Member ment of the Treasury, transmitting, pursu- Small Business and Entrepreneurship: of the Board of Directors of the Inter-Amer- ant to law, the report of a rule entitled ‘‘2006 Report to accompany S. 3778, An original ican Foundation for a term expiring Sep- Base Period T-Bill Rate’’ (Rev. Rul. 2006–54) bill to reauthorize and improve the Small tember 20, 2012. Jack Vaughn, of Texas, to be a Member of received on November 15, 2006; to the Com- Business Act and the Small Business Act of the Board of Directors of the Inter-American mittee on Finance. 1958, and for other purposes (Rept. No. 109– EC–9053. A communication from the Acting Foundation for a term expiring September 361). 20, 2012. (Reappointment). Chief of the Publications and Regulations By Ms. COLLINS, from the Committee on Branch, Internal Revenue Service, Depart- Craig Roberts Stapleton, of Connecticut, Homeland Security and Governmental Af- to serve concurrently and without additional ment of the Treasury, transmitting, pursu- fairs, without amendment: ant to law, the report of a rule entitled compensation as Ambassador Extraordinary S. 4046. A bill to extend oversight and ac- and Plenipotentiary of the United States of ‘‘Substantiation of Expenses of Native Alas- countability related to United States recon- America to Monaco. kan Whaling Captains’’ (Rev. Proc. 2006–50) struction funds and efforts in Iraq by extend- Nominee: Craig R. Stapleton received on November 15, 2006; to the Com- ing the termination date of the Office of the Post: Ambassador to Monaco mittee on Finance. Special Inspector General for Iraq Recon- The following is a list of all members of EC–9054. A communication from the Acting struction. my immediate family and their spouses. I Chief of the Publications and Regulations have asked each of these persons to inform Branch, Internal Revenue Service, Depart- f me of the pertinent contributions made by ment of the Treasury, transmitting, pursu- EXECUTIVE REPORTS OF them. To the best of my knowledge, the in- ant to law, the report of a rule entitled ‘‘2007 COMMITTEES formation contained in this report is com- Standard Mileage Rates’’ (Rev. Proc. 2006–49) plete and accurate. received on November 15, 2006; to the Com- The following executive reports of Contributions, amount, date, and donee: mittee on Finance. nominations were submitted: 1. Self: 2,000.00, 7/17/03, Bush-Cheney ’04; EC–9055. A communication from the Acting 25,000.00, 12/28/03, Bush/Cheney Victory 2004; Chief of the Publications and Regulations By Ms. COLLINS for the Committee on 1,000.00, 2/13/04, John Graves for Congress; Branch, Internal Revenue Service, Depart- Homeland Security and Governmental Af- 1,000.00, 5/28/04, Friends of Jack Orchulli; ment of the Treasury, transmitting, pursu- fairs. 2,000.00, 5/28/04, Shays for Congress; 25,000.00, ant to law, the report of a rule entitled ‘‘Am- * Stephen Thomas Conboy, of Virginia, to 6/21/04, RNC Presidential Trust; 500.00, 8/21/04, plification of Revenue Procedure 2005–70’’ be United States Marshal for the Superior Republican Majority for Choice; 1,000.00, 9/15/ (Rev. Proc. 2006–51) received on November 15, Court of the District of Columbia for the 04, Peter Coors for Senate; 2,000.00, 3/26/04, 2006; to the Committee on Finance. term of four years. Simmons for Congress. EC–9056. A communication from the Assist- * James H. Bilbray, of Nevada, to be a Gov- 2. Spouse: Dorothy W. Stapleton, 2,000.00, 8/ ant Secretary, Office of Legislative Affairs, ernor of the United States Postal Service for 19/03, Bush-Cheney ’04; 1,000.00, 3/26/04, Sim- Department of State, transmitting, pursuant a term expiring December 8, 2015. mons for Congress; 1,000.00, 8/13/04, Fed PAC; to law , the certification of a proposed li- * Thurgood Marshall, Jr., of Virginia, to be 1,000.00, 10/8/04, Coors for Senate. cense for the export of defense articles and a Governor of the United States Postal Serv- 3. Children and Spouses: Walker Stapleton, defense services sold commercially under ice for a term expiring December 8, 2011. 500.00, 9/24/02, Beauprez for Congress; 2,000.00, contract in the amount of $100,000,000 or * Dan Gregory Blair, of the District of Co- 8/20/03, Bush-Cheney ’04; 1,000.00, 5/24/04, 500.00, 10/08/04, Coors for Senate. more to Italy; to the Committee on Foreign lumbia, to be a Commissioner of the Postal 4. Parents: Katharine H. Stapleton, 2,000.00, Relations. Rate Commission for a term expiring Octo- ber 14, 2012. 8/20/03, Bush-Cheney ’04. EC–9057. A communication from the Sec- 5. Grandparents: No contributions. retary, Department of Housing and Urban * Nomination was reported with rec- 6. Brothers and Spouses: Benjamin F. Development, transmitting, pursuant to law, ommendation that it be confirmed sub- Stapleton III (Jane), 208.00, 10/13/04, Coburn the Department’s Performance and Account- ject to the nominee’s commitment to for Senate; 208.00, 10/29/04, Coors for Senate; ability Report for Fiscal Year 2006; to the respond to requests to appear and tes- 500.00, 8/06/04, Udall for Congress; 1,000.00, 8/26/ Committee on Homeland Security and Gov- tify before any duly constituted com- 03, Bush-Cheney ’04; 1,000.00, 6/15/04, Bush- ernmental Affairs. Cheney ’04; 1,000.00, 5/28/04, Shelby for Senate; EC–9058. A communication from the Com- mittee of the Senate. 1,000.00, 8/04/04, Coors for Senate; 2,496.00, 10/ missioner, Social Security Administration, f 13/04, Majority Fund for America’s Future transmitting, pursuant to law, the Adminis- Committee. tration’s Performance and Accountability DISCHARGED NOMINATIONS 7. Sisters and Spouses: No contributions. Report for Fiscal Year 2006; to the Com- The Senate Committee on Foreign mittee on Homeland Security and Govern- Ronald Spogli, of California, to serve con- mental Affairs. Relations was discharged from further currently and without additional compensa- EC–9059. A communication from the Dep- consideration of the following nomina- tion as Ambassador Extraordinary and Plen- uty Secretary of Defense, transmitting, pur- tions and the nominations were con- ipotentiary of the United States of America suant to law, the Department’s Fiscal Year firmed: to the Republic of San Marino.

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00080 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.113 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11057 Nominee: Ronald P. Spogli National committee; 150, 8/8/98, Republican private home viewing by certain satellite Post: Ambassador, San Marino Congressional Committee; carriers; to the Committee on the Judiciary. The following is a list of all members of 7. Sisters and Spouses: none. By Mr. SUNUNU (for himself and Mr. my immediate family and their spouses. I f GREGG): have asked each of these persons to inform S. 4068. A bill to clarify provisions relating me of the pertinent contributions made by INTRODUCTION OF BILLS AND to statutory copyright licenses for satellite them. To the best of my knowledge, the in- JOINT RESOLUTIONS carriers; to the Committee on the Judiciary. formation contained in this report is com- By Mr. OBAMA: plete and accurate. The following bills and joint resolu- S. 4069. A bill to prohibit deceptive prac- Contributions, amount, date, and donee: tions were introduced, read the first tices in Federal elections; to the Committee 1. Self: 24,500, 7/29/04, 2004 Joint Candidate and second times by unanimous con- on Rules and Administration. Committee; 7,500, 7/29/04, 2004 Joint State By Mr. AKAKA (for himself and Mr. Victory Committee; 2,000, 6/30/04, Pete Coors sent, and referred as indicated: INOUYE): By Mr. ALLEN: for U.S. Senate-Primary; 2,000, 6/30/04, Pete S. 4070. A bill to exempt children of certain S. 4057. A bill to protect the second amend- Coors. for U.S. Senate-General; 2,000, 3/26/04, Filipino World War II veterans from the nu- ment rights of individuals to carry firearms John Thune for U.S. Senate-Primary; 25,000, merical limitations on immigrant visas; to in units of the National Park System; to the 2/24/04, Republican National Committee; the Committee on the Judiciary. Committee on Energy and Natural Re- 25,000, 9/11/03, Republican National Com- By Ms. LANDRIEU: mittee; 2,000, 6/20/03, Bush-Cheney’04 Inc.; sources. S. 4071. A bill to amend the Internal Rev- 1,000, 2/5/03, Kit Bond for U.S. Senate-Pri- By Mrs. BOXER (for herself and Mrs. enue Code of 1986 to extend the placed-in- EINSTEIN): mary; 1,000, 7/11/02, John Cornyn for U.S. F service date requirement for low-income S. 4058. A bill to expand the boundaries of Senate; 1,000, 4/18/02 James Talent for U.S. housing credit buildings and bonus deprecia- the Gulf of the Farallones National Marine Senate-Primary; 1,000, 4/18/02, James Talent tion property and the period for rehabilita- Sanctuary and the Cordell Bank National for U.S. Senate-General; 1,000, 4/18/02, Norm tion expenditures in the Gulf Opportunity Marine Sanctuary; to the Committee on Coleman for U.S. Senate-Primary; 1,000, 4/18/ Zone; to the Committee on Finance. Commerce, Science, and Transportation. 02, Norm Coleman for U.S. Senate-General; By Ms. LANDRIEU (for herself and Mr. 1,000, 4/18/02, John Thune for U.S. Senate-Pri- By Mr. LAUTENBERG: KERRY): mary; 1,000, 4/18/02, John Thune for U.S. Sen- S. 4059. A bill to prohibit departments, S. 4072. A bill to address ongoing small ate-General; 1,000, 4/15/02, McConnell U.S. agencies, and other instrumentalities of the business and homeowner needs in the Gulf Senate Committee-General; 198,000, 4/11/02, Federal Government from providing assist- Coast States impacted by Hurricane Katrina Republican National Committee State Elec- ance to an entity for the development of and Hurricane Rita; to the Committee on tions Account; 10,000, 11/12/01, National Re- course material or the provision of instruc- Small Business and Entrepreneurship. publican Senatorial Committee; 20,000, 5/8/01, tion on human development and sexuality, if By Mr. TALENT (for himself and Mr. Republican National Committee State Elec- such material or instruction will include BOND): tions Account; 1,000, 4/16/01, McConnell U.S. medically inaccurate information, and for S. 4073. A bill to designate the outpatient Senate Committee-Primary; 8,702, 1/19/01, Re- other purposes; to the Committee on Home- clinic of the Department of Veterans Affairs publican National Committee State Elec- land Security and Governmental Affairs. located in Farmington, Missouri, as the tions Account; 100,000, 1/2/01, Presidential In- By Mr. DODD: ‘‘Robert Silvey Department of Veterans Af- augural Committee; 5,000, 12/6/00, Bush/Che- S. 4060. A bill to amend the Military Com- fairs Outpatient Clinic’’; considered and ney Presidential Transition Fund; 5,000, 11/16/ missions Act of 2006 to improve and enhance passed. 00, Bush-Cheney Recount Fund; 300, 7/25/00, due process and appellate procedures, and for By Mr. ALLARD: National Federation of Republican Women; other purposes; to the Committee on Armed S. 4074. A bill to provide certain counties 200, 7/6/00, Republican National Committee Services. with the ability to receive television broad- State Election Account; 1,000, 6/26/00, Abra- By Mr. DODD: cast signals of their choice; to the Com- ham for U.S. Senate 2000; 125,000, 6/15/00, Re- S. 4061. A bill to create, adopt, and imple- mittee on Commerce, Science, and Transpor- publican National Committee State Election ment rigorous and voluntary American edu- tation. Account; 50,000, 5/15/00, Republican National cation content standards in mathematics Committee State Election Account; 15,000, 5/ and science covering kindergarten through f 15/00, Republican National Committee; 10,000, grade 12, to provide for the assessment of SUBMISSION OF CONCURRENT AND 12/17/99, 1999 State Victory Fund Committee; student proficiency benchmarked against SENATE RESOLUTIONS 5,000, 11/16/99, Victory 2000 California Repub- such standards, and for other purposes; to lican Party—Federal Account; 15,000, 11/6/99, the Committee on Health, Education, Labor, The following concurrent resolutions Victory 2000 California Republican Party; and Pensions. and Senate resolutions were read, and 1,000, 3/7/99, Bush Presidential Exploratory By Mr. INHOFE: referred (or acted upon), as indicated: Committee; 10,000, 3/23/98, George Bush Com- S. 4062. A bill to freeze non-defense discre- By Mr. CHAMBLISS (for himself and mittee. tionary spending at fiscal year 2007 levels ef- Mr. ISAKSON): 2. Spouse: Georgia B. Spogli, 7,500, 8/2/04, fective in fiscal year 2008; to the Committee 2004 Joint State Victory Committee; 30,500, 8/ S. Res. 615. A resolution designating No- on the Budget. vember 26, 2006, as ‘‘Drive Safer Sunday’’; to 2/4, 2004 Joint Candidate Committee; 25,000, 2/ By Mr. FEINGOLD: 25/04, Republican National Committee; 25,000, the Committee on the Judiciary. S. 4063. A bill to provide for additional sec- By Mr. FRIST: 9/12/03, Republican National Committee; tion 8 vouchers, to reauthorize the Public 2,000, 6/20/03, Bush-Cheney ’04; 1,000, 2/5/03, Kit S. Res. 616. A resolution authorizing the and Assisted Housing Drug Elimination Pro- Bond for U.S. Senate-Primary; 1,000, 4/18/02, Majority Leader and one staff member to gram, and for other purposes; to the Com- James Talent for U.S. Senate-Primary; 1,000, travel to Mexico for the inauguration of the mittee on Banking, Housing, and Urban Af- 4/18/02, James Talent for U.S. Senate-Gen- new President of Mexico scheduled for De- fairs. eral; 1,000, 4/18/02, Norm Coleman for U.S. cember 2, 2006; considered and agreed to. By Mr. CRAPO: Senate-Primary; 1,000, 4/18/02, Norm Coleman By Mr. CHAMBLISS: S. 4064. A bill to improve the amendments for U.S. Senate-General; 1,000, 4/18/02, John S. Res. 617. A resolution designating No- made by the No Child Left Behind Act of Thune for U.S. Senate-Primary; 1,000, 4/18/02, vember 2006 as ‘‘National Lung Cancer 2001; to the Committee on Health, Education, John Thune for U.S. Senate-General; 20,000, Awareness Month’’; to the Committee on the Labor, and Pensions. 4/30/01, Republican National Committee; Judiciary. 5,000, 5/14/00, Victory 2004 California Repub- By Mrs. CLINTON: By Mr. CHAMBLISS (for himself and lican Party; 15,000, 5/14/00, Republican Na- S. 4065. A bill to direct the Attorney Gen- Mr. ISAKSON): tional Committee; 10,000, 12/20/99, 1999 State eral to conduct a study on the feasibility of S. Res. 618. A resolution designating No- Victory Fund; 5,000, 11/5/99, Victory 2000 Cali- collecting crime data relating to the occur- vember 26, 2006, as ‘‘Drive Safer Sunday’’; fornia Republican Party-Federal Account; rence of school-related crime in elementary considered and agreed to. 1,000, 3/7/99, George Bush Presidential Explor- schools and secondary schools; to the Com- By Mr. DURBIN (for himself, Mr. COLE- atory Committee. mittee on the Judiciary. MAN, Mr. KENNEDY, Mr. HARKIN, Mr. 3. Children and Spouses: Caroline Hunter By Mr. GRAHAM: DAYTON, Mr. FEINGOLD, Mr. REED, Spogli (daughter), none; William Alexander S. 4066. A bill to prohibit the designation of Mr. DODD, Mrs. MURRAY, Mr. LAUTEN- Ridley Considine, none. Brazil under title V of the Trade Act of 1974; BERG, and Mr. LEAHY): 4. Parents: Helen Spogli, deceased; Valerio to the Committee on Finance. S. Res. 619. A resolution expressing the Spogli, none. By Mr. LEAHY (for himself, Mr. AL- sense of the Senate that Senator Paul 5. Grandparents: Gesue Spogli, deceased; LARD, Mr. ROCKEFELLER, Mr. BYRD, Wellstone should be remembered for his com- Marisilia Bartecchi Spogli Sacco, deceased; Mr. INOUYE, Mr. SALAZAR, Mr. ROB- passion and leadership on social issues and Salvatore Boccadori, deceased; Amelia ERTS, Ms. SNOWE, Mr. PRYOR, Mr. that Congress should act to end discrimina- Boccardori, deceased. ENZI, Mrs. CLINTON, and Mr. ENSIGN): tion against citizens of the United States 6. Brothers and Spouses: Robert Spogli, 100, S. 4067. A bill to provide for secondary who live with mental illness by making leg- 3/4/04, Bush-Cheney; 100, 8/20/04, Republican transmissions of distant network signals for islation relating to mental health parity a

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00081 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.155 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11058 CONGRESSIONAL RECORD — SENATE November 16, 2006 priority for the 110th Congress; considered S. 3491 (Ms. CANTWELL) and the Senator from and agreed to. At the request of Mr. VOINOVICH, the Arkansas (Mr. PRYOR) were added as By Mr. CHAMBLISS: name of the Senator from Georgia (Mr. cosponsors of S. 3910, a bill to direct S. Res. 620. A resolution designating No- ISAKSON) was added as a cosponsor of S. the Joint Committee on the Library to vember 2006 as ‘‘National Lung Cancer 3491, a bill to establish a commission to Awareness Month’’; considered and agreed accept the donation of a bust depicting to. develop legislation designed to reform Sojourner Truth and to display the By Mr. CRAPO (for himself, Mrs. CLIN- tax policy and benefit pro- bust in a suitable location in the Cap- TON, Mr. LIEBERMAN, Ms. MURKOWSKI, grams and to ensure a sound fiscal fu- itol. and Mr. MENENDEZ): ture for the United States, and for S. 4014 S. Res. 621. A resolution designating the other purposes. At the request of Mr. LUGAR, the week of February 5 through February 9, 2007, S. 3677 as ‘‘National Teen Dating Violence Aware- name of the Senator from Georgia (Mr. At the request of Mr. BINGAMAN, the ness and Prevention Week’’; considered and CHAMBLISS) was added as a cosponsor of agreed to. name of the Senator from Colorado S. 4014, a bill to endorse further en- (Mr. SALAZAR) was added as a cospon- f largement of the North Atlantic Trea- sor of S. 3677, a bill to amend title ty Organization (NATO) and to facili- ADDITIONAL COSPONSORS XVIII of the Social Security Act to tate the timely admission of Albania, S. 408 eliminate the in the home restriction Croatia, Georgia, and Macedonia to At the request of Mr. DEWINE, the for Medicare coverage of mobility de- NATO, and for other purposes. name of the Senator from Texas (Mr. vices for individuals with expected S. 4046 CORNYN) was added as a cosponsor of S. long-term needs. At the request of Ms. COLLINS, the 408, a bill to provide for programs and S. 3678 names of the Senator from Iowa (Mr. activities with respect to the preven- At the request of Mr. BURR, the name HARKIN) and the Senator from Arizona tion of underage drinking. of the Senator from Georgia (Mr. (Mr. MCCAIN) were added as cosponsors CHAMBLISS) was added as a cosponsor of S. 1081 of S. 4046, a bill to extend oversight and S. 3678, a bill to amend the Public At the request of Mr. KYL, the name accountability related to United States of the Senator from New Jersey (Mr. Health Service Act with respect to pub- reconstruction funds and efforts in Iraq lic health security and all-hazards pre- MENENDEZ) was added as a cosponsor of by extending the termination date of paredness and response, and for other S. 1081, a bill to amend title XVIII of the Office of the Special Inspector Gen- purposes. the Social Security Act to provide for eral for Iraq Reconstruction. a minimum update for physicians’ serv- S. 3685 At the request of Mr. AKAKA, his ices for 2006 and 2007. At the request of Mr. BOND, the name name was added as a cosponsor of S. of the Senator from North Dakota (Mr. S. 1508 4046, supra. ONRAD C ) was added as a cosponsor of S. S. RES. 549 At the request of Mr. COCHRAN, the 3685, a bill to establish a grant program name of the Senator from South Caro- At the request of Mr. SANTORUM, the to provide vision care to children, and name of the Senator from Mississippi lina (Mr. GRAHAM) was added as a co- for other purposes. sponsor of S. 1508, a bill to require Sen- (Mr. COCHRAN) was added as a cospon- S. 3744 ate candidates to file designations, sor of S. Res. 549, a resolution express- At the request of Mr. DURBIN, the ing the sense of the Senate regarding statements, and reports in electronic names of the Senator from California form. modern-day slavery. (Mrs. FEINSTEIN) and the Senator from At the request of Mr. FEINGOLD, the f Georgia (Mr. CHAMBLISS) were added as names of the Senator from Massachu- cosponsors of S. 3744, a bill to establish STATEMENTS ON INTRODUCED setts (Mr. KERRY) and the Senator from the Abraham Lincoln Study Abroad BILLS AND JOINT RESOLUTIONS Colorado (Mr. SALAZAR) were added as Program. cosponsors of S. 1508, supra. Mr. LAUTENBERG: S. 3768 S. 4059. A bill to prohibit depart- S. 2375 At the request of Mr. LEAHY, the ments, agencies, and other instrumen- At the request of Mr. COLEMAN, the name of the Senator from South Da- talities of the Federal Government name of the Senator from Maryland kota (Mr. JOHNSON) was added as a co- from providing assistance to an entity (Mr. SARBANES) was added as a cospon- sponsor of S. 3768, a bill to prohibit the for the development of course material sor of S. 2375, a bill to amend the Pub- procurement of victim-activated land- or the provision of instruction on lic Health Service Act to advance med- mines and other weapons that are de- human development and sexuality, if ical research and treatments into pedi- signed to be victim-activated. such material or instruction will in- atric cancers, ensure patients and fam- S. 3775 clude medically inaccurate informa- ilies have access to the current treat- At the request of Mr. DURBIN, the tion, and for other purposes; to the ments and information regarding pedi- name of the Senator from Mississippi Committee on Homeland Security and atric cancers, establish a population- (Mr. COCHRAN) was added as a cospon- Governmental Affairs. based national childhood cancer data- sor of S. 3775, a bill to amend the For- Mr. LAUTENBERG. Mr. President, I base, and promote public awareness of eign Assistance Act of 1961 to assist rise to introduce and discuss my bill, pediatric cancers. countries in sub-Saharan Africa in the the ‘‘Guarantee of Medical Accuracy in S. 2506 effort to achieve internationally recog- Sex Education Act.’’ At the request of Mr. OBAMA, the nized goals in the treatment and pre- My bill would require that federally- name of the Senator from Michigan vention of HIV/AIDS and other major funded sex education/abstinence only (Mr. LEVIN) was added as a cosponsor of diseases and the reduction of maternal programs contain medically accurate S. 2506, a bill to require Federal agen- and child mortality by improving and factual information as part of any cies to support health impact assess- human health care capacity and im- course instruction. ments and take other actions to im- proving retention of medical health During the past few years, there has prove health and the environmental professionals in sub-Saharan Africa, been an increase in the number of fed- quality of communities, and for other and for other purposes. erally funded programs using curricula purposes. S. 3787 that provide medically inaccurate or S. 2990 At the request of Mr. SANTORUM, the misleading information. At the request of Mr. VITTER, the name of the Senator from Mississippi Some of these medical inaccuracies name of the Senator from Oklahoma (Mr. COCHRAN) was added as a cospon- include teaching young people that (Mr. INHOFE) was added as a cosponsor sor of S. 3787, a bill to establish a con- HIV can be transmitted by sweat and of S. 2990, a bill to amend title XVIII of gressional Commission on the Aboli- tears, citing failure rates of condoms the Social Security Act to restore fi- tion of Modern-Day Slavery. as high as 69 percent, as well as giving nancial stability to Medicare anesthe- S. 3910 inaccurate symptoms and outcomes of siology teaching programs for resident At the request of Mrs. CLINTON, the sexually transmitted diseases. In addi- physicians. names of the Senator from Washington tion, some federally funded programs

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00082 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.117 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11059 provided erroneous information about about all aspects of sexuality’’. APHA ‘‘en- habeas corpus for individuals held in basic scientific facts, for example, stat- dorses the right of children and youth to re- U.S. custody. It narrows the definition ing that human cells have 24 chro- ceive comprehensive sexuality education of unlawful enemy combatant to indi- mosomes from each parent when in that includes facts, information, and data viduals who directly participate in hos- and that demonstrates an appreciation of ra- fact the number is 23. cial, ethnic, and cultural diversity’’. tilities against the United States who Inaccurate information regarding (8) The American Medical Association are not lawful combatants. It prevents contraception and STD/HIV prevention ‘‘urges schools to implement comprehensive, the use of evidence in court gained can make sex education both dan- developmentally appropriate sexuality edu- through the unreliable and immoral gerous and counterproductive. Respon- cation programs that are based on rigorous, practices of torture and . It sible sex education, by contrast, is an peer reviewed science’’. empowers military judges to exclude important component of a strategy to (9) Over 1 billion dollars in citizen taxpayer hearsay evidence they deem to be unre- reduce unintended pregnancies, de- money has been spent on abstinence-only- liable. It authorizes the U.S. Court of crease the number of abortions, and until-marriage programs in the past quarter Appeals for the Armed Forces to review century without significant monitoring of mitigate the incidence of STD’s. the content of these programs in order to decisions by the military commissions. Instruction regarding sexual health guarantee they contain medically accurate It limits the authority of the President and reproduction that includes inac- information and exclude inaccurate data. to interpret the meaning and applica- curate or biased information is not SEC. 3. MEDICALLY INACCURATE SEX EDU- tion of the Geneva Conventions and only irresponsible, but it is also dan- CATION. makes that authority subject to con- gerous, and it puts our young people at (a) REQUIREMENTS.—A department, agency, gressional and judicial oversight. Fi- risk for unintended pregnancy and dis- or other instrumentality of the Federal Gov- nally, it provides for expedited judicial ernment shall not provide funds or other as- ease. review of the Military Commissions I urge my colleagues to support sistance to an entity for the development of course material or the provision of instruc- Act of 2006 to determine the constitu- medically accurate sex-education—pro- tion on human development and sexuality, tionality of its provisions. grams that helps young people to de- including any sex education, family life edu- Before I elaborate on each of these velop the proper understanding of their cation, abstinence education, comprehensive critical points, let me simply under- sexuality, so they can make respon- health education, or character education, if score the point that for more than 200 sible decisions throughout their lives. such material or instruction will include years, our Nation has served as a shin- I ask unanimous consent that the medically inaccurate information. Before ing example in its promotion of civil text of the bill be printed in the providing such funds or other assistance, the and human rights throughout the department, agency, or instrumentality RECORD. world. of basic legal proceedings There being no objection, the bill was shall require a sufficient assurance that such material or instruction will not include to individuals held in the custody of ordered to be printed in the RECORD, as medically inaccurate information. the United States has raised questions follows: (b) DEFINITIONS.—In this Act, the term over our basic adherence to the U.S. S. 4059 ‘‘medically inaccurate information’’ means Constitution and also diminished our Be it enacted by the Senate and House of Rep- information related to medical, psychiatric, reputation around the world. American resentatives of the United States of America in psychological, empirical, or statistical state- citizens are questioning their own gov- Congress assembled, ments that is unsupported or contradicted ernment’s judgments, terrorists are SECTION 1. SHORT TITLE. by peer-reviewed research by leading med- ical, psychological, psychiatric, and public citing American abuses to recruit new This Act may be cited as the ‘‘Guarantee loyalists, and American of Medical Accuracy in Sex Education Act’’. health organizations and agencies. servicemembers fear detention over- SEC. 2. FINDINGS. The Congress finds as follows: By Mr. DODD: seas under similarly abusive conditions (1) A 2006 Government Accountability Of- S. 4060. A bill to amend the Military in violation of their human rights. fice report entitled ‘‘Abstinence Education: Commissions Act of 2006 to improve Supporters of the administration’s Efforts to Assess the Accuracy and Effective- and enhance due process and appellate law may say that to speak out against ness of Federally Funded Programs’’ finds procedures, and for other purposes; to its enactment is being soft on ter- that the Department of Health and Human the Committee on Armed Services. rorism. Not only is this sentiment Services does not review the content of the Mr. DODD. Mr. President: I rise to wholly inaccurate, it underestimates a major federally funded abstinence-only edu- introduce the Effective Terrorists fundamental strength of our Nation cation programs for accuracy. Prosecution Act of 2006. This legisla- (2) All federally funded programs aimed at and the best defense against terror- helping young people make healthy decisions tion would make critically important ists—respect for the rule of law. regarding their relationships and sexual changes to the measure that Congress For instance, the administration- health should include medically accurate in- narrowly approved on September 29, backed law eliminates the principle of formation. the Mi1itary Commissions Act of 2006. habeas corpus which has served as the (3) A 2004 report from the Minority Office Let me be clear from the outset of my backbone of common law since before of the Committee on Government Reform of remarks. I will take a backseat to no the Magna Carta in the 13th century. the House of Representatives found serious one when it comes to defending our Under the writ of habeas corpus inde- medical inaccuracies associated with a large country against terrorism. I fully sup- pendent courts may review the legality majority of federally funded abstinence- only-until-marriage programs. port the use of military commissions of custody decisions. My legislation (4) The Society for Adolescent Medicine to protect U.S. intelligence and expe- would restore this basic tenet in the (SAM) found in a 2006 position paper that ab- dite judicial proceedings vital to mili- context of military commissions. stinence-only-until-marriage programs ‘‘pro- tary action under the Uniform Code of The administration’s approach allows vide incomplete and/or misleading informa- Military Justice. Unlike the Adminis- the President to remove anyone he so tion’’ and states that ‘‘efforts to promote ab- tration, I trust the United States mili- chooses from America’s standard juris- stinence should be based on sound science’’. tary and our legal system to arbitrate prudence and designate him or her as (5) The American College of Obstetricians decisions related to enemy combat- an ‘‘unlawful enemy combatant’’ if he and Gynecologists have also expressed ‘‘the has engaged in hostilities or supported importance of ensuring that all federally ants. funded sexuality education programs include I strongly believe that terrorists who hostilities against the United States. information that is medically accurate and seek to destroy America must be pun- Such individuals are subject to arrest complete’’. ished for any wrongs they commit and detention indefinitely without (6) The American Academy of Pediatrics against this country. But in my view, charge. In contrast, my legislation al- (AAP) believes that ‘‘children and adoles- in order to sustain America’s moral au- lows the designation of ‘‘unlawful cents need accurate and comprehensive edu- thority and win a lasting victory enemy combatants’’ only for those in- cation about sexuality to practice healthy against our enemies, such dividuals engaged in armed conflict sexual behavior as adults’’. against the United States. This provi- (7) The American Public Health Associa- must be meted out only in accordance tion (APHA) ‘‘recognize[s] that sexuality is a with the rule of law. sion seeks to curtail potential abuse of normal, healthy aspect of human develop- My legislation provides essential the enemy combatant designation so ment . . . and that individuals of all ages re- legal tools for our war on terror in that holding individuals in detention quire complete and accurate information seven key ways: It restores the writ of indefinitely without a trial will prove

VerDate Aug 31 2005 07:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00083 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.133 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11060 CONGRESSIONAL RECORD — SENATE November 16, 2006 to be the exception rather than the suasive voices crying for the execution done, to protect our international rep- norm. of these men who had commanded, utation, to preserve our domestic tra- Also, unlike the law backed by the with ruthless efficiency, the slaughter ditions, and to provide a successful administration, my bill further pro- of 6 million innocent Jews and 5 mil- mechanism to improve and enhance the motes humane treatment of military lion other innocent men, women, and tools required by the global war on ter- personnel by prohibiting the use of evi- children. Why should these men who ror. dence gained by coercion in a trial. had extinguished so many lives be I urge my colleagues to consider the Such a provision is critically impor- given a trial at all? Why should they consequences if we fail to correct the tant for two reasons. First, the use of not be subjected to the same fate to mistakes that have been made. I hope torture has been proven ineffective in which they had subjected countless in- that Congress and the administration interrogations when a detainee simply nocent people? Why not just shoot will take a serious look at my proposal says what he believes an interrogator them, as Winston Churchill wanted? and work with me to improve the cur- wants to hear in order to stop the tor- Why not just give in to legal scholars, rent system, for the sake of our secu- ture. Second it deprives foreign mili- who said there was no court, no judge, rity, our international standing, and taries the ability to cite U.S. actions no laws, and no precedent? our commitment to the rule of law. to justify their own misconduct toward Why not? Because, as I have re- I ask unanimous consent that the future American POWs. counted on this floor on several occa- text of the bill be printed in the My bill grants discretion to military sions, America has always stood for RECORD. judges to exclude hearsay evidence de- something more. Our leaders at Nurem- There being no objection the bill was termined to be unreliable. Under my berg, including the young prosecutor ordered to be printed in the RECORD, as legislation, judges are given discretion Thomas Dodd, my father, rejected the follows: in the event that classified evidence certainty of execution for the uncer- has a bearing on the innocence of an tainty of a trial. In doing so, we re- S. 4060 individual, but is excluded due to na- affirmed the ideal that this Nation Be it enacted by the Senate and House of Rep- tional security concerns and declas- should never tailor its eternal prin- resentatives of the United States of America in sified alternatives are insufficient. ciples to the conflict of the moment, Congress assembled, America’s military judges have been because if we did, we would be walking SECTION 1. SHORT TITLE. fully trained and prepared to handle in the footsteps of the enemies we de- This Act may be cited as the ‘‘Effective classified information. The Bush ad- spised. Terrorists Prosecution Act of 2006’’. ministration’s failure to recognize this Almost 60 years to the day after the SEC. 2. DEFINITION OF UNLAWFUL ENEMY COM- fact is an insult to the men and women Nuremberg verdicts, Congress passed BATANT. of our military’s bench and an affront the Military Commissions Act, with Paragraph (1) of section 948a of title 10, to the U.S. military legal system. the support of the administration United States Code (as enacted by the Mili- Moreover, my bill properly grants the which steps away from the high prin- tary Commissions Act of 2006 (Public Law Armed Forces judicial review of these ciples established at Nuremberg and 109–366)), is amended to read as follows: decisions unlike the administration’s honored in the decades since. In my ‘‘(1) UNLAWFUL ENEMY COMBATANT.—The law which denies the United States term ‘unlawful enemy combatant’ means an view, this law has dishonored our Na- individual who directly participates in hos- Court of Appeals of the Armed Forces tion’s proud history. tilities as part of an armed conflict against the right to hearing military commis- Indeed, to watch the Senate, on the the United States who is not a lawful enemy sion appeals. anniversary of Nuremberg, negate combatant. The term is used solely to des- And, just as important as restoring these great principles and traditions ignate individuals triable by military com- our commitment in the Uniform Code was one of the saddest days I have seen mission under this chapter.’’. of Military Justice, my legislation in a quarter century of service in this SEC. 3. DETERMINATION OF UNLAWFUL ENEMY would also reaffirm America’s commit- body. It pains me to no end to have COMBATANT STATUS BY COMBAT- ment to the contents of the Geneva ANT STATUS REVIEW TRIBUNAL NOT seen the administration and its allies DISPOSITIVE FOR PURPOSES OF JU- Conventions. In contrast, the Adminis- rush this bill through Congress in the RISDICTION OF MILITARY COMMIS- tration’s Military Commissions Act days before an election with hopes of SIONS. gives unprecedented authority to the exploiting Americans’ fears of a ter- Section 948d of title 10, United States Code president to define what interrogation rorist attack. This administration (as enacted by the Military Commissions Act techniques constitute ‘‘grave breaches’’ would have the American people be- of 2006 (Public Law 109–366)), is amended— of the Geneva Conventions. The United lieve that the war on terror requires a (1) by striking subsection (c); and States President should not have the choice between protecting America (2) by redesignating subsection (d) as sub- section (c). right to unilaterally define the legal from terrorism and upholding the basic boundaries of torture. The United tenets upon which our country was SEC. 4. EXCLUSION FROM TRIAL BY MILITARY COMMISSION OF STATEMENTS OB- States Congress has ratified univer- founded—but not both. This canard is TAINED BY COERCION. sally recognized conventions prohib- untrue and frankly negligent. Section 948r of title 10, United States Code iting such conduct, and the President I believe that the United States Con- (as enacted by the Military Commissions Act should recognize them as the law of the gress made a crucial mistake. And that of 2006 (Public Law 109–366)), is amended by land. Indeed, there is a lesson to be is why the final provision in my bill is striking subsections (c) and (d) and inserting learned in the events of the last 6 perhaps the most important one—it the following new subsection (c): years, particularly in the case of Abu will ensure that each of the provisions ‘‘(c) EXCLUSION OF STATEMENTS OBTAINED Ghraib, when not only was our Nation’s of the administration’s Military Com- BY COERCION.—A statement obtained by use reputation tarnished, but our commit- mission Act is quickly reviewed by our of coercion shall not be admissible in a mili- ment to the rule of law was credibly Nation’s courts, and appropriately tary commission under this chapter, except against a person accused of coercion as evi- called into question. This is not the evaluated for their constitutionality. I dence that the statement was made.’’. America our Nation’s greatest genera- do not pretend to have all the answers SEC. 5. DISCRETION OF MILITARY JUDGE TO EX- tions have long fought for. Our country regarding the legality and probity of CLUDE HEARSAY EVIDENCE DETER- would have been better served if we had this highly controversial statute. But I MINED TO BE UNRELIABLE OR looked to the pages of history to guide believe it is essential for America’s se- LACKING IN PROBATIVE VALUE. us through this national crisis. curity and moral authority to allow Section 949a(b)(2)(E)(ii) of title 10, United Just 60 years ago, the United States those best qualified to make these States Code (as enacted by the Military confronted the daunting task of bring- judgments—members of our esteemed Commissions Act of 2006 (Public Law 109– ing history’s most despicable war judiciary—to have an opportunity to 366)), is amended by striking ‘‘if the party criminals to justice. In determining opposing the admission of the evidence dem- overturn the most egregious provisions onstrates that the evidence is unreliable or how to deal with Nazi leaders guilty of of this Act. lacking in probative value’’ and inserting ‘‘if grave atrocities, our country never for- In turn, we in Congress have our own the military judge determines, upon motion got its pivotal role as the leader of the obligation, to work in a bipartisan way by counsel, that the evidence is unreliable or free world. There were strong and per- to repair the damage that has been lacking in probative value’’.

VerDate Aug 31 2005 07:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00084 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.127 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11061 SEC. 6. DISCRETION OF MILITARY JUDGE TO (A) in the first sentence, by inserting after such appeal shall be taken by a notice of ap- TAKE CERTAIN ACTIONS IN EVENT ‘‘international character’’ the following: peal filed within 10 days after the date on THAT A SUBSTITUTE FOR CLASSI- ‘‘and preserve the capacity of the United which such judgment, decree, or order is en- FIED EXCULPATORY EVIDENCE IS States to prosecute nationals of enemy pow- tered. The jurisdictional statement with re- INSUFFICIENT TO PROTECT THE RIGHT OF A DEFENDANT TO A FAIR ers for engaging in acts against members of spect to any such appeal shall be filed within TRIAL. the United States Armed Forces and United 30 days after the date on which such judg- Section 949j(d)(1) of title 10, United States States citizens that have been prosecuted by ment, decree, or order is entered. Code (as enacted by the Military Commis- the United States as war crimes in the past’’; (3) It shall be the duty of the United States sions Act of 2006 (Public Law 109–366)), is and District Court for the District of Columbia amended by adding at the end the following: (B) by striking the second sentence; and and the Supreme Court of the United States ‘‘If the military judge determines that the (2) in paragraph (3)— to advance on the docket and to expedite to substitute is not sufficient to protect the (A) in subparagraph (A)— the greatest possible extent the disposition right of the defendant to a fair trial, the (i) by striking ‘‘the President has the au- of any action or appeal, respectively, military judge may— thority for the United States to interpret brought under this section. ‘‘(A) dismiss the charges in their entirety; the meaning and application of the Geneva SEC. 11. EFFECTIVE DATE. ‘‘(B) dismiss the charges or specifications Conventions and to promulgate’’ and insert- The amendments made by this Act shall or both to which the information relates; or ing ‘‘the President has the authority, subject take effect on October 17, 2006, the date of ‘‘(C) take such other actions as may be re- to congressional oversight and judicial re- the enactment of the Military Commissions quired in the interest of justice.’’. view, to promulgate’’; and Act of 2006 (Public Law 109–366), immediately SEC. 7. REVIEW OF MILITARY COMMISSION DECI- (ii) by striking ‘‘higher standards and’’; after the enactment of that Act and shall SIONS BY UNITED STATES COURT OF (B) in subparagraph (B), by striking ‘‘inter- apply to all cases, without exception, that APPEALS FOR THE ARMED FORCES pretations’’ and inserting ‘‘rules’’; and are pending on or after such date. RATHER THAN COURT OF MILITARY (C) by amending subparagraph (D) to read COMMISSION REVIEW. as follows: By Mr. DODD: (a) REVIEW.— ‘‘(D) The President shall notify other par- (1) IN GENERAL.—Section 950f of title 10, S. 4061. A bill to create, adopt, and ties to the Geneva Conventions that the implement rigorous and voluntary United States Code (as enacted by the Mili- United States expects members of the United tary Commissions Act of 2006 (Public Law States Armed Forces and other United American education content standards 109–366)), is amended to read as follows: States citizens detained in a conflict not of in mathematics and science covering ‘‘§ 950f. Review by Court of Appeals for the an international character to be treated in a kindergarten through grade 12, to pro- Armed Forces manner consistent with the standards de- vide for the assessment of student pro- ‘‘(a) CASES TO BE REVIEWED.—The United scribed in subparagraph (A) and embodied in ficiency bench marked against such States Court of Appeals for the Armed section 2441 of title 18, United States Code, standards, and for other purposes; to Forces, in accordance with procedures pre- as amended by subsection (b).’’. the Committee on Health, Education, (b) MODIFICATIONS OF WAR CRIMES OF- scribed under regulations of the Secretary, Labor, and Pensions. shall review the record in each case that is FENSES.— referred to the Court by the convening au- (1) INCLUSION OF DENIAL OF TRIAL RIGHTS Mr. DODD. Mr. President, I rise thority under section 950c of this title with AMONG OFFENSES.—Paragraph (1) of section today to introduce The Standards to respect to any matter of law raised by the 2441(d) of title 18, United States Code (as en- Provide Educational Access for Kids accused. acted by the Military Commissions Act of (SPEAK) Act. This bill will create, ‘‘(b) SCOPE OF REVIEW.—In a case reviewed 2006), is amended by adding at the end the adopt, and implement voluntary core by the United States Court of Appeals for following new subparagraph: American education content standards the Armed Forces under this section, the ‘‘(J) DENIAL OF TRIAL RIGHTS.—The act of a in math and science while person who intentionally denies one or more Court may only act with respect to matters incentivizing states to adopt them. of law.’’. persons the right to be tried before a regu- (2) CLERICAL AMENDMENT.—The table of larly constituted court affording all the judi- America’s leadership, economic, and sections at the beginning of subchapter VI of cial guarantees which are recognized as in- national security rest on our commit- chapter 47A of such title (as so enacted) is dispensable by civilized peoples as prescribed ment to educate and prepare our youth amended by striking the item relating to by common Article 3 of the Geneva Conven- to succeed in a global economy. The section 950f and inserting the following new tions.’’. key to succeeding in this endeavor is to item: (2) DEFINITION OF SERIOUS PHYSICAL PAIN OR have high expectations for all Amer- ‘‘950f. Review by Court of Appeals for the SUFFERING.—Clause (ii) of subparagraph ((D) ican students as they progress through Armed Forces.’’. of paragraph (2) of such section (as so en- acted) is amended to read as follows: our nation’s schools. (b) CONFORMING AMENDMENTS.— ‘‘(ii) serious physical pain;’’. Currently there are 50 different sets (1) IN GENERAL.—Chapter 47A of title 10, of academic standards, 50 State assess- United States Code (as so enacted), is further SEC. 9. RESTORATION OF HABEAS CORPUS FOR INDIVIDUALS DETAINED BY THE ments, and 50 definitions of proficiency amended as follows: UNITED STATES. (A) In section 950c(a), by striking ‘‘the under the No Child Left Behind Act. As (a) RESTORATION.—Subsection (e) of section a result of varied standards, exams and Court of Military Commission Review’’ and 2241 of title 28, United States Code, as inserting ‘‘the United States Court of Ap- amended by section 7(a) of the Military Com- proficiency levels, America’s highly peals for the Armed Forces’’. missions Act of 2006 (Public Law 109–366), is mobile student-aged population moves (B) In section 950d, by striking ‘‘the Court repealed. through the nation’s schools gaining of Military Commission Review’’ each place (b) CONFORMING AMENDMENT.—Subsection widely varying levels of knowledge, it appears and inserting ‘‘the United States (b) of section 7 of the Military Commissions skills and preparedness. And yet, in Court of Appeals for the Armed Forces’’. Act of 2006 (Public Law 109–366) is repealed. order for the United States to compete (C) In section 950g(a)(2), by striking ‘‘the SEC. 10. EXPEDITED JUDICIAL REVIEW OF MILI- Court of Military Commission Review’’ each TARY COMMISSIONS ACT OF 2006. in a global economy, we must strength- place it appears and inserting ‘‘the United Notwithstanding any other provision of en our educational expectations for all States Court of Appeals for the Armed law, the following rules shall apply to any American children—we must compete Forces’’. civil action, including an action for declara- as one Nation. (D) In section 950h, by striking ‘‘the Court tory judgment, that challenges any provision Recent international comparisons of Military Commission Review’’ each place of the Military Commissions Act of 2006 show that American students have sig- it appears and inserting ‘‘the United States (Public Law 109–366), or any amendment nificant shortcomings in math and Court of Appeals for the Armed Forces’’. made by that Act, on the ground that such science. Many lack the basic skills re- (2) UNIFORM CODE OF MILITARY JUSTICE.— provision or amendment violates the Con- Section 867a(a) of title 10, United States stitution or the laws of the United States: quired for college or the workplace. Code (article 67a(a) of the Uniform Code of (1) The action shall be filed in the United This affects our economic and national Military Justice), is amended by striking States District Court for the District of Co- security: It holds us back in the global ‘‘Decisions’’ and inserting ‘‘Except as pro- lumbia and shall be heard in that Court by a marketplace and risks ceding our com- vided in sections 950d and 950g of this title, court of three judges convened pursuant to petitive edge. This is unacceptable. decisions’’. section 2284 of title 28, United States Code. America was founded on the notion SEC. 8. IMPLEMENTATION OF TREATY OBLIGA- (2) An interlocutory or final judgment, de- of ensuring equity in opportunity for TIONS. cree, or order of the United States District (a) IN GENERAL.—Section 6(a) of the Mili- Court for the District of Columbia in an ac- all. And yet, we risk both when we tary Commissions Act of 2006 (Public Law tion under paragraph (1) shall be reviewable allow different students in different 109–366) is amended— as a matter of right by direct appeal to the states to graduate from high school (1) in paragraph (2)— Supreme Court of the United States. Any with very different . We live

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00085 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.120 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11062 CONGRESSIONAL RECORD — SENATE November 16, 2006 in a Nation with an unacceptably high incentivize states to adopt the stand- (8) To compete, the people of the United high school dropout rate. We live in a ards. Among the benefits of partici- States must compare themselves against nation where 8th graders in some pating is a huge infusion of funds for international benchmarks. states score more than 30 points higher states to bolster their K–12 data sys- (9) Grounded in a real world analysis and international comparisons of what students on tests of basic science knowledge tems. need to succeed in work and college, rigorous than students in other states. I ask my What I propose today is a first step. and voluntary core American education con- colleagues today what equality of op- A first step in regaining our competi- tent standards will keep the United States portunity we have under such cir- tive edge. A first step in ensuring that economically competitive and ensure that cumstances. all American students have the oppor- the children of the United States are given This is where American standards tunity to receive a first class, high- the same opportunity to learn to a high come in. Voluntary, core American quality, competitive education. I am standard no matter where they reside. standards in math and science are the hoping that the bill I introduce today (10) Rigorous and voluntary core American first step in ensuring that all American will at the very least spark a discus- education content standards in mathematics sion. A discussion about what it is that and science will enable students to succeed students are given the same oppor- in academic settings across States while en- tunity to learn to a high standard no we want for future generations and suring an American edge in the global mar- matter where they reside. They will how we will set along the path to get it ketplace. allow for meaningful comparisons of to them. I hope that my colleagues will join SEC. 3. ASSESSING SCIENCE IN THE NATIONAL student academic achievement across ASSESSMENT OF EDUCATIONAL states, help ensure that American stu- me in supporting the SPEAK Act and PROGRESS. dents are academically qualified to look forward to resuming the discus- sion and reintroducing this important (a) NATIONAL ASSESSMENT OF EDUCATIONAL enter college, or training for the civil- PROGRESS AUTHORIZATION ACT.—Section 303 ian or military workforce, and, help en- initiative in the coming Congress. I ask unanimous consent that the of the National Assessment of Educational sure that students are better prepared Progress Authorization Act (20 U.S.C. 9622) is to compete in the global marketplace. text of the bill be printed in the amended— Uniform standards are a first step in RECORD. (1) in subsection (b)— maintaining America’s competitive There being no objection, the bill was (A) in paragraph (2)— and national security edge. was ordered to be printed in the (i) in subparagraph (B), by striking ‘‘read- While I realize there will be resist- RECORD, as follows: ing and mathematics’’ and inserting ‘‘read- ance to such efforts, education is after S. 4061 ing, mathematics, and science’’; Be it enacted by the Senate and House of Rep- (ii) in subparagraph (C), by striking ‘‘read- all a state endeavor; we cannot ignore ing and mathematics’’ and inserting ‘‘read- that at the end of the day America resentatives of the United States of America in Congress assembled, ing, mathematics, and science’’; competes as one country on the global (iii) in subparagraph (D), by striking SECTION 1. SHORT TITLE. marketplace. This does not mean that This Act may be cited as the ‘‘Standards to ‘‘science,’’; I am asking States to cede their au- Provide Educational Access for Kids Act’’ or (iv) in subparagraph (E), by striking ‘‘read- thority in education. What the bill the ‘‘SPEAK Act’’. ing and mathematics’’ and inserting ‘‘read- ing, mathematics, and science’’; simply proposes is that we the con- SEC. 2. FINDINGS. (B) in paragraph (3)— vening power of the federal government Congress finds the following: (i) in subparagraph (A), by striking ‘‘read- (1) Throughout the years, educators and to develop standards and then provide ing and mathematics’’ each place the term policymakers have consistently embraced states with incentives to adopt them. occurs and inserting ‘‘reading, mathematics, standards as the mechanism to ensure that At the end of the day, this is a vol- and science’’; and every student, no matter what school the untary measure. States will choose (ii) in subparagraph (C)(ii), by striking student attends, masters the skills and de- ‘‘reading and mathematics’’ and inserting whether or not to participate. States velops the knowledge needed to participate ‘‘reading, mathematics, and science’’; and that do participate, while required to in a global economy. (C) in paragraph (4)(B), by striking ‘‘, re- adopt the American standards, will be (2) Recent international comparisons make quire, or influence’’ and inserting ‘‘or re- given the flexibility to make them clear that students in the United States have quire’’; and significant shortcomings in mathematics their own. They will have the option to (2) in subsection (d)(3), by striking ‘‘read- and science, yet a high level of scientific and add additional content requirements, ing and mathematics’’ each place the term mathematics literacy is essential to societal they will have final say in how occurs and inserting ‘‘reading, mathematics, innovations and advancements. coursework is sequenced, and, ulti- and science’’. (3) With more than 50 different sets of aca- mately, States and districts will still demic content standards, 50 State academic (b) ELEMENTARY AND SECONDARY EDUCATION be the ones developing the curriculum, assessments, and 50 definitions of proficiency ACT OF 1965.—Subpart 1 of part A of title I of choosing the textbooks and admin- under section 1111(b) of the Elementary and the Elementary and Secondary Education istering the tests. The standards pro- Secondary Education Act of 1965 (20 U.S.C. Act of 1965 (20 U.S.C. 6311 et seq.) is amend- vided for under this legislation will 6311(b)), there is great variability in the ed— simply serve as a common core. measures, standards, and benchmarks for (1) in section 1111(c)(2) (20 U.S.C. Here is what the SPEAK Act will do. academic achievement in mathematics and 6311(c)(2))— It will task the National Assessment science. (A) by inserting ‘‘(and, for science, begin- ning with the 2007–2008 school year)’’ after Governing Board (NAGB) with creating (4) Variation in State standards and the accompanying measures of proficiency make ‘‘2002–2003’’; and rigorous and voluntary core American it difficult for parents and teachers to mean- (B) by striking ‘‘reading and mathematics’’ education content standards in math ingfully gauge how well their children are and inserting ‘‘reading, mathematics, and and science for grades K–12. It will re- learning mathematics and science in com- science’’; and quire that such standards be anchored parison to their peers internationally or here (2) in section 1112(b)(1)(F) (20 U.S.C. in the National Assessment of Edu- at home. 6312(b)(1)(F)), by striking ‘‘reading and math- cational Progress’ (NAEP) math and (5) The disparity in the rigor of standards ematics’’ and inserting ‘‘reading, mathe- science frameworks. It will ensure that across States results in test results that tell matics, and science’’. the public little about how schools are per- such standards are internationally SEC. 4. DEFINITIONS. forming and progressing, as States with low competitive and comparable to the standards or low proficiency scores may ap- Section 304 of the National Assessment of best standards in the world. It will de- pear to be doing much better than States Educational Progress Authorization Act (20 velop rigorous achievement levels. It with more rigorous standards or higher re- U.S.C. 9623) is amended— will ensure that varying developmental quirements for proficiency. (1) in the matter preceding paragraph (1), levels of students are taken into ac- (6) As a result, the United States’ highly by striking ‘‘In this title:’’ and inserting count in the development of such mobile student-aged population moves ‘‘Except as otherwise provided, in this standards. It will provide for periodic through the Nation’s schools gaining widely title:’’; review and update of such standards. It varying levels of knowledge, skills, and pre- (2) by redesignating paragraph (2) as para- paredness. graph (3); and will allow participating States the (7) In order for the United States to com- (3) by inserting after paragraph (1) the fol- flexibility to add additional standards pete in a global economy, the country needs lowing: to the core. And, it establishes an to strengthen its educational expectations ‘‘(3) SECRETARY.—The term ‘Secretary’ American standards Incentive Fund to for all children. means the Secretary of Education.’’.

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00086 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.121 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11063 SEC. 5. VOLUNTARY AMERICAN EDUCATION CON- Fund grants under section 305 during the pe- ‘‘(A) Adopt the voluntary American edu- TENT STANDARDS; AMERICAN riod covered by the review; and cation content standards in mathematics STANDARDS INCENTIVE FUND. ‘‘(iii) other organizations and entities, as and science as the core of the State’s aca- The National Assessment of Educational determined appropriate by Assessment demic content standards in mathematics and Progress Authorization Act (20 U.S.C. 9621 et Board; and science not later than 2 years after the re- seq.) is amended— ‘‘(B) shall address issues including— ceipt of a grant under this section. (1) by redesignating sections 304 (as amend- ‘‘(i) whether the voluntary American edu- ‘‘(B) Align the teacher certification or li- ed by section 4) and 305 as sections 306 and cation content standards continue to reflect censure, pre-service, and professional devel- 307, respectively; and international standards of excellence and the opment requirements of the State to the vol- (2) by inserting after section 303 the fol- latest developments in the fields of mathe- untary American education content stand- lowing: matics and science; and ards in mathematics and science not later ‘‘SEC. 304. CREATION AND ADOPTION OF VOL- ‘‘(ii) whether the voluntary American edu- than 3 years after the receipt of the grant. UNTARY AMERICAN EDUCATION cation content standards continue to reflect ‘‘(C) Align the State academic assessments CONTENT STANDARDS. what students are required to know and be in mathematics and science (or develop new ‘‘(a) IN GENERAL.—Not later than 3 years such State academic assessments that are after the date of enactment of the Standards able to do in science and mathematics after graduation from secondary school to be aca- aligned) with the voluntary American edu- to Provide Educational Access for Kids Act cation content standards in mathematics and from amounts appropriated under sec- demically qualified to enter an institution of higher education or training for the civilian and science not later than 4 years after the tion 307(a)(3) for a fiscal year, the Assess- receipt of the grant. ment Board shall create and adopt voluntary or military workforce, as of the date of the review. ‘‘(D) Align the State levels of achievement American education content standards in in mathematics and science with the student mathematics and science covering kinder- ‘‘SEC. 305. THE AMERICAN STANDARDS INCEN- TIVE FUND. achievement levels in mathematics and garten through grade 12. science developed under section 303(e) for the ‘‘(b) DUTIES.—The Assessment Board shall ‘‘(a) ESTABLISHMENT OF FUND.—From national and State assessments of the Na- implement subsection (a) by carrying out the amounts appropriated under section 307(a)(4) tional Assessment of Educational Progress. following duties: for a fiscal year, the Secretary shall estab- ‘‘(2) PERMISSIVE ACTIVITIES.—A State edu- ‘‘(1) Create and adopt voluntary American lish and fund the American Standards Incen- cational agency receiving a grant under sub- education content standards for mathe- tive fund to carry out the grant program section (b) may use the grant funds to carry matics and science covering kindergarten under subsection (b). ‘‘(b) INCENTIVE GRANT PROGRAM AUTHOR- out, at the local educational agency or State through grade 12 that reflect a common core IZED.— educational agency level, any of the fol- of what students in the United States should ‘‘(1) IN GENERAL.—Not later than 12 months lowing activities: know and be able to do to compete in a glob- after the Assessment Board adopts the vol- ‘‘(A) Train teachers and administrators on al economy. untary American education content stand- how to incorporate the voluntary American ‘‘(2) Anchor the voluntary American edu- ards under section 304, the Secretary shall education content standards in mathematics cation content standards based on the math- use amounts available from the American and science into classroom instruction. ematics and science frameworks and the Standards Incentive fund to award, on a ‘‘(B) Develop curricula and instructional achievement levels under section 303(e) of competitive basis, grants to State edu- materials in mathematics or science that are the National Assessment of Educational cational agencies to enable each State edu- aligned with the voluntary American edu- Progress for grades 4, 8, and 12. cational agency to adopt the voluntary cation content standards in mathematics ‘‘(3) Ensure that the voluntary American American education content standards in and science. education content standards are internation- mathematics and science as the core of the ‘‘(C) Develop performance standards in ally competitive and comparable to the best State’s academic content standards in math- mathematics or science to accompany the standards in the world. ematics and science by carrying out the ac- voluntary American education content ‘‘(4) Review State standards in mathe- tivities described in subsection (e). standards in mathematics and science. matics and science as of the date of enact- ‘‘(2) DURATION AND AMOUNT.—A grant under ‘‘(D) Conduct other activities needed for ment of the Standards to Provide Edu- this subsection shall be awarded— the implementation of the voluntary Amer- cational Access for Kids Act and consult and ‘‘(A) for a period of not more than 4 years; ican education content standards in mathe- work with entities that are developing, or and matics and science. have already developed, such State stand- ‘‘(B) in an amount that is not more than ‘‘(3) PRIORITY.—In awarding grants under ards. $4,000,000 over the period of the grant. this section the Secretary shall give priority ‘‘(5) Review the reports, views, and anal- ‘‘(c) CORE STANDARDS.—A State edu- to a State educational agency that will use yses of a broad spectrum of experts and the cational agency receiving a grant under sub- the grant funds to carry out all of the activi- public as such reports, views, and analyses section (b) shall adopt and use the voluntary ties described in subparagraphs (A), (B), and relate to mathematics and science edu- American education content standards in (C) of paragraph (2). cation, including reviews of blue ribbon re- mathematics and science as the core of the ‘‘(f) AWARD BASIS.—In determining the ports, exemplary practices in the field, and State academic content standards in mathe- amount of a grant under subsection (b), the recent reports by government agencies and matics and science. The State educational Secretary shall take into consideration— professional organizations. agency may add additional standards to the ‘‘(1) the extent to which a State’s academic ‘‘(6) Ensure that the voluntary American voluntary American education content content standards, State academic assess- education content standards reflect the best standards as part of the State academic con- ments, levels of achievement in mathematics thinking about the knowledge, skills, and tent standards in mathematics and science. and science, and teacher certification or li- competencies needed for a high degree of sci- ‘‘(d) STATE APPLICATION.—A State edu- censure, pre-service, and professional devel- entific and mathematical understanding. cational agency desiring to receive a grant opment requirements, must be revised to ‘‘(7) Ensure that varying developmental under subsection (b) shall submit an applica- align such State standards, assessments, lev- levels of students are taken into account in tion to the Secretary at such time, in such els, and teacher requirements with the vol- the development of the voluntary American manner, and containing such information as untary American education content stand- education content standards. the Secretary may require. The application ards adopted under section 304 and the ‘‘(8) Ensure that the voluntary American shall include— achievement levels in mathematics and education content standards reflect what ‘‘(1) timelines for carrying out each of the science developed under section 303(e); and students will be required to know and be able activities described in subsection (e)(1); and ‘‘(2) the planned activities described in the to do after secondary school graduation to be ‘‘(2) a description of the activities that the application submitted under subsection (d). academically qualified to enter an institu- State educational agency will undertake to ‘‘(g) ANNUAL STATE EDUCATIONAL AGENCY tion of higher education or training for the implement the voluntary American edu- REPORTS.—A State educational agency re- civilian or military workforce. cation content standards in mathematics ceiving a grant under subsection (b) shall ‘‘(9) Widely disseminate the voluntary and science adopted under section 304, and submit an annual report to the Secretary American education content standards for the achievement levels in mathematics and demonstrating the State educational agen- public review and comment before final science developed under section 303(e) for the cy’s progress in meeting the timelines de- adoption. national and State assessments of the Na- scribed in the application under subsection ‘‘(10) Provide for continuing review of the tional Assessment of Educational Progress, (d)(1). voluntary American education content at both the State educational agency and ‘‘(h) GRANTS FOR DOD AND BIA SCHOOLS.— standards not less often than once every 10 local educational agency levels, including ‘‘(1) DEPARTMENT OF DEFENSE SCHOOLS.— years, which review— any additional activities described in sub- From amounts available from the American ‘‘(A) shall solicit input from outside orga- section (e)(2). Standards Incentive fund, the Secretary, nizations and entities, including— ‘‘(e) USE OF FUNDS.— upon application by the Secretary of De- ‘‘(i) 1 or more professional mathematics or ‘‘(1) MANDATORY ACTIVITIES.—A State edu- fense, may award grants under subsection (b) science organizations; cational agency receiving a grant under sub- to the Secretary of Defense on behalf of ele- ‘‘(ii) the State educational agencies that section (b) shall use grant funds to carry out mentary schools and secondary schools oper- have received American Standards Incentive all of the following: ated by the Department of Defense to enable

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00087 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.125 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11064 CONGRESSIONAL RECORD — SENATE November 16, 2006 the elementary schools and secondary preferred national curriculum or preferred last year’s non-security discretionary schools to carry out the activities described teaching methodology for elementary school spending down below the rate of infla- in subsection (e). or secondary school instruction. tion. Let me repeat that: We actually ‘‘(m) TIMELINE EXTENSION.—The Secretary ‘‘(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.— held last year’s non-security spending, From amounts available from the American may extend the 12-year requirement under Standards Incentive fund, the Secretary, in section 1111(b)(2)(F) of the Elementary and over which we had discretion, down consultation with the Secretary of Interior, Secondary Education Act of 1965 (20 U.S.C. below the rate of inflation. may award grants under subsection (b) to 6311(b)(2)(F)) by not more than 4 years for a Again, we are faced with the same the Bureau of Indian Affairs on behalf of ele- State served by a State educational agency task. mentary schools and secondary schools oper- that receives a grant under subsection (b). The President agrees that we must ated or funded by the Department of the In- ‘‘(n) DEFINITIONS.—In this section: hold down spending and has proposed terior to enable the elementary schools and ‘‘(1) IN GENERAL.—The terms ‘elementary to hold down discretionary spending. secondary schools to carry out the activities school’, ‘local educational agency’, ‘profes- The Budget Committee agrees we must sional development’, ‘secondary school’, described in subsection (e). hold down spending and has proposed ‘‘(i) STUDY.—Not later than 2 years after ‘State’, and ‘State educational agency’ have the completion of the first 4-year grant cycle the meanings given the terms in section 9101 to hold down discretionary spending. for grants under this section, the Commis- of the Elementary and Secondary Education The American people agree we must sioner for Education Statistics shall carry Act of 1965 (20 U.S.C. 7801). hold down spending. Senator DORGAN out a study comparing the gap between the ‘‘(2) ACADEMIC CONTENT STANDARDS.—The has said that we need to provide spend- reported proficiency on State academic as- term ‘academic content standards’ means ing cuts in a significant manner. Sen- sessments and assessments under section 303 the challenging academic content standards ator FEINGOLD has said, ‘‘We also need for State educational agencies receiving described in section 1111(b)(1) of the Elemen- to continue to cut spending in Federal grants under subsection (b), before and after tary and Secondary Education Act of 1965 (20 the State adopts the voluntary American U.S.C. 6311(b)(1)). programs. . . .’’ Senator LEVIN stated education content standards in mathematics ‘‘(3) LEVELS OF ACHIEVEMENT.—The term how we need to cut spending when he and science as the core of the State edu- ‘levels of achievement’ means the State lev- advocated that ‘‘Discretionary spend- cation content standards in mathematics els of achievement under subclauses (II) and ing . . . [be] frozen for 5 years.’’ It and science. (III) of section 1111(b)(1)(D)(ii) of the Elemen- seems that both parties agree that we ‘‘(j) DATA GRANT.— tary and Secondary Education Act of 1965 (20 must hold down discretionary spend- ‘‘(1) PROGRAM AUTHORIZED.—From amounts U.S.C. 6311(b)(1)(D)(ii)(II), (III)). ing. appropriated under section 305(a)(4), the Sec- ‘‘(4) STATE ACADEMIC ASSESSMENTS.—The retary shall award, to each State edu- Well, let’s hold down discretionary term ‘State academic assessments’ means spending. cational agency that meets the requirements the academic assessments for a State de- of paragraph (3), a grant to be used to en- scribed in section 1111(b)(3) of the Elemen- I will read the one sentence that is hance State data systems as such systems tary and Secondary Education Act of 1965 (20 really the entirety of this bill. I’m sure relate to the requirements under part A of U.S.C. 6311(b)(3)).’’. everyone in this body is familiar with title I of the Elementary and Secondary Edu- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. it now—nearly all of my friends on the cation Act of 1965. Section 307(a) of the National Assessment other side of the aisle have voted ‘‘(2) AMOUNT OF GRANT.—A grant awarded of Educational Progress Authorization Act against it twice in the last twelve to a State educational agency under this (as redesignated by section 5(1)) (20 U.S.C. subsection shall be in an amount equal to 5 months, usually at a time when they 9624(a)) is amended to read as follows: percent of the amount allocated to the State are promoting fiscal discipline. It says: ‘‘(a) IN GENERAL.—There are authorized to under section 1122 of the Elementary and ‘‘Beginning with fiscal year 2008 and be appropriated— Secondary Education Act of 1965 (20 U.S.C. ‘‘(1) to carry out section 302, $6,000,000 for thereafter, all non-defense, non-trost- 6332). If the amounts available from the fiscal year 2007 and such sums as may be nec- fund, discretionary spending shall not American Standards Incentive fund are in- essary for each succeeding fiscal year; exceed the previous fiscal year’s levels sufficient to pay the full amounts of grants ‘‘(2) to carry out section 303, $200,000,000 for without a two-thirds vote.’’ This is under paragraph (1) to all State educational fiscal year 2007 and such sums as may be nec- simply a cap on discretionary spending. agencies, the Secretary shall ratably reduce essary for each succeeding fiscal year; the amount of all grants under this sub- It is very simple, cut and dry, some- ‘‘(3) to carry out section 304, $3,000,000 for section. thing that can pass. I hope those indi- fiscal year 2007 and such sums as may be nec- ‘‘(3) REQUIREMENTS.—In order to receive a viduals who have a more complicated essary for each succeeding fiscal year; and grant under this subsection, a State edu- approach to this will recognize this is ‘‘(4) to carry out section 305, $400,000,000 for cational agency shall— fiscal year 2007 and such sums as may be nec- something that is doable. ‘‘(A) have received a grant under sub- essary for each succeeding fiscal year.’’. I want to focus briefly on one point section (b); and in the President’s most recent budget ‘‘(B) successfully demonstrate to the Sec- By Mr. INHOFE: proposal. President Bush wisely sent us retary that the State has aligned— S. 4062. A bill to freeze non-defense a budget that encourages long-term fis- ‘‘(i) the State’s academic content stand- ards and State academic assessments in discretionary spending at fiscal year cal constraint by including several mathematics and science, and the State’s 2007 levels effective in fiscal year 2008; budget process and program oversight teacher certification or licensure, pre-serv- to the Committee on the Budget. reforms, including setting enforceable ice, and professional development require- Mr. INHOFE. Mr. President, I am limits on total spending to stabilize ments, with the voluntary American edu- here to work on what should be an area budget growth in the long-term. Sim- cation content standards in mathematics of widespread, bipartisan agreement ply put, the President proposes that we and science; and with the introduction of the Fiscal Re- put in place a process by which we can ‘‘(ii) the State levels of achievement in sponsibility Act of 2006. Many, many control discretionary spending. mathematics and science for grades 4, 8, and 12, with the achievement levels in mathe- people in both parties profess the need I have been working on a solution to matics and science developed under section to reduce our Government’s spending. the massive problem of government 303(e) for such grades. When I hear individuals waxing poetic spending with this simple language for ‘‘(4) NATURE OF GRANT.—A grant under this about the need for fiscal discipline, I quite some time. I have actually want- subsection to a State educational agency usually offer a simple, one-sentence ed to offer it previously on appropria- shall be in addition to any grant awarded to amendment to restore some discre- tions bills, but held off. I offered it as the State educational agency under sub- tionary spending discipline, but you an amendment last November and section (b). should see my friends on the other side again this year in March. It has been ‘‘(5) LIMIT ON NUMBER OF GRANTS.—In no case shall a State educational agency receive of the aisle run for the hills when defeated every time I offer it—every more than 1 grant under this subsection. someone proposes we actually do some- single time. It’s usually defeated by ‘‘(k) REPORTS TO CONGRESS.—Not later thing about it. When the moment nearly unanimous opposition on the than 2 years after the date of enactment of comes to move from mere words to real other side of the aisle. And what’s the Standards to Provide Educational Access action on fiscal discipline, over and more, they usually vote against it in a for Kids Act, and every 2 years thereafter, over I have confronted nearly united debate during which they cry foul of the Secretary shall report to Congress re- opposition to it on the other side of the deficits and declare the need for fiscal garding the status of all grants awarded under this section. aisle. restraint. It’s astounding how much ‘‘(l) RULE OF CONSTRUCTION.—Nothing in Last year we did make some progress rhetoric we hear about the need to hold this section shall be construed to establish a on our shared goal. We actually held down spending and the need for fiscal

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00088 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.125 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11065 restraint. I guess for some, it truly is burden falls most heavily on low-in- Unfortunately, situations like this much easier said than done. come renters throughout our country. exist around the country. According to So, I am offering it again. Ensuring that all Americans have safe the 2005 U.S. Conference of Mayors I will restate the crux of this bill, the and secure housing is about more than Hunger and Homelessness Survey, close Fiscal Responsibility Act of 2006, one just providing families with somewhere to 5,000 people are on the Section 8 more time before I close: ‘‘Beginning to live, however. Safe and decent hous- waiting list in Boston. Detroit has not with fiscal year 2008 and thereafter, all ing provides children with stable envi- taken applications for the past two non-defense, non-trust-fund, discre- ronments, and research has shown that years and currently has a waiting list tionary spending shall not exceed the students achieve at higher rates if they of over 9,000 people. Phoenix closed its previous fiscal year’s levels without a have secure housing. Affordable hous- waiting list in 2005 and reported that two-thirds vote.’’ Folks, it’s that easy. ing allows families to spend more of 30,000 families were on its waiting list. I ask that you join me in holding down their income on life’s other necessities In certain cities, waiting lists are years spending. including groceries, health care, and long and according to the Center on I ask unanimous consent that the education costs as well as save money Budget and Policy Priorities, the typ- text of the bill be printed in the for their futures. I have heard from a ical waiting period for a voucher was RECORD. number of Wisconsinites around my two and a half years in 2003. Given There being no objection, the bill was State about their concerns about the these statistics, it is clear there is the ordered to be printed in the RECORD, as lack of affordable housing, homeless- need for more Section 8 vouchers than follows: ness, and the increasingly severe cost currently exist. S. 4062 burdens that families have to under- While there are certainly areas of the Be it enacted by the Senate and House of Rep- take in order to afford housing. Section 8 program that need to be ex- resentatives of the United States of America in Unfortunately, affordable housing is amined and perhaps reformed, a num- Congress assembled, becoming less, not more, available in ber of different government agencies SECTION 1. SHORT TITLE. the United States. Research shows that and advocacy organizations all cite the This Act may be cited as the ‘‘Fiscal Re- the number of families facing severe effectiveness of Section 8 in assisting sponsibility Act of 2006’’. housing cost burdens grew by almost low-income families in meeting some SEC. 2. CONGRESSIONAL ENFORCEMENT. two million households between 2001 of their housing needs. In 2002, the Gov- (a) ENFORCEMENT.—Section 312 of the Con- and 2004. Additionally, one in three ernment Accountability Office deter- gressional Budget Act of 1974 (2 U.S.C. 643) is mined that the total cost of a one-bed- amended by adding at the end the following: families spends more than thirty per- cent of their earnings on housing costs. room housing unit through the Section ‘‘(g) EXCESS NON-DEFENSE DISCRETIONARY 8 program costs less than it would The National Alliance to End Home- FEDERAL SPENDING REDUCTION POINT OF through other federal housing pro- ORDER.— lessness reports that at least 500,000 grams. The same year, the Bipartisan ‘‘(1) IN GENERAL.—It shall not be in order in Americans are homeless every day and Millennial Housing Commission re- the House of Representatives or the Senate two million to three million Americans ported to Congress that the Section 8 to consider any bill or resolution (or amend- are homeless for various lengths of ment, motion, or conference report on that program is ‘‘flexible, cost-effective, and bill or resolution) that would cause spending time each year. Cities, towns, and rural successful in its mission.’’ for non-defense, non-trust-fund, discre- communities across the country are The Commission further stated that tionary spending for the budget year to ex- confronting a lack of affordable hous- the vouchers ‘‘should continue to be ceed the amount of spending for such activi- ing for their citizens. This is not an the linchpin of a national policy pro- ties in fiscal year 2007. issue that confronts just one region of viding very low-income renters access ‘‘(2) ALLOCATIONS.—The allocations under the Nation or one group of Americans. to the privately owned housing stock.’’ section 302(a) shall include allocations for Decent and affordable housing is so es- The Commission also called for funding the amount described in paragraph (1). sential to the well-being of Americans ‘‘(3) SUPER MAJORITY WAIVER OR APPEAL.— for substantial annual increments of This subsection may be waived or suspended that the Federal Government must vouchers for families who need housing in the Senate only by an affirmative vote of provide adequate assistance to our citi- assistance. This recommendation two-thirds of the Members, duly chosen and zens to ensure that all Americans can echoes the calls by advocates around sworn. An affirmative vote of two-thirds of afford to live in safe and affordable the country, many of whom have called the Members of the Senate, duly chosen and housing. for 100,000 new, or incremental, Section sworn, shall be required in the Senate to sus- Congress has created effective afford- 8 vouchers to be funded annually by tain an appeal of the ruling of the Chair on able housing and community develop- Congress. a point of order raised under this sub- ment programs, but as is the case with My bill takes this first step, calling section.’’. many of the Federal social programs, for the funding of 100,000 incremental (b) EFFECTIVE DATE.—This section shall apply beginning with fiscal year 2008. these housing programs are inad- vouchers in fiscal year 2007. I have equately funded and do not meet the identified enough funds in my offsets By Mr. FEINGOLD: need in our communities. We in Con- to provide money for the renewal of S. 4063. A bill to provide for addi- gress must do what we can to ensure these 100,000 vouchers for the next dec- tional section 8 vouchers, to reauthor- these programs are properly funded, ade. While this increase does not meet ize the Public and Assisted Housing while taking into account the tight fis- the total demand that exists out there Drug Elimination Program, and for cal constraints we are facing. for Section 8 vouchers, I believe it is a other purposes; to the Committee on The Section 8 Housing Choice Vouch- strong first step. My legislation is fully Banking, Housing, and Urban Affairs. er Program, originally created in 1974, offset and if it were passed in its cur- Mr. FEINGOLD. Mr. President, today is now the largest Federal housing pro- rent form, would provide for the imme- I am introducing the Affordable Hous- gram in terms of HUD’s budget with diate funding of these vouchers. I be- ing Expansion and Public Safety Act to approximately two million vouchers lieve Congress should take the time to address some of the housing afford- currently authorized. Yet the current examine where other spending could be ability issues faced by my constituents number of vouchers does not come cut in order to continue to provide and by Americans around the country, close to meeting the demand that ex- sizeable annual increases in new vouch- including unaffordable rental burdens, ists in communities around our coun- ers for the Section 8 program. Accord- lack of safe and affordable housing try. In my State of Wisconsin, the city ing to the Congressional Research stock, and public safety concerns in of Milwaukee opened up their Section 8 Service, incremental vouchers have not public and federally assisted housing. waiting list for the first time since 1999 been funded since fiscal year 2002. Dur- My legislation is fully offset, while earlier this year for twenty four hours ing the past three to four years, the also providing over $3 billion in deficit and received more than 17,000 applica- need for Federal housing assistance has reduction. tions. The city of Madison has not ac- grown and it will continue to grow in Increasing numbers of Americans are cepted new applications for Section 8 future years. We need to make a com- facing housing affordability challenges, in over three years and reports that mitment to find the resources in our whether they are renters or home- hundreds of families are on the waiting budget to ensure continued and in- owners. But the housing affordability list. creased funding for Section 8 vouchers.

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00089 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.126 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11066 CONGRESSIONAL RECORD — SENATE November 16, 2006 We should examine doing more than these funding cuts to HOME do not how the funds are being utilized in just providing more money for Section continue in the future and we must their communities. Funds are intended 8. There have been numerous stories in provide more targeted resources within to be distributed on a pro-rata basis to my home State of Wisconsin about var- HOME for the people most in need. ensure participating jurisdictions ious concerns with the Section 8 pro- But Mr. President, as successful as around the country receive funding. I gram, ranging from potential discrimi- the HOME program is, more needs to also require that the Secretary notify nation on the part of landlords in de- be done to assist extremely low income participating jurisdictions that this clining to rent to Section 8 voucher families. My legislation seeks to target new funding for extremely low income holders to the administrative burdens additional resources to the Americans households in no way excuses such ju- landlords face when participating in most in need by using the HOME struc- risdictions from continuing to use ex- the Section 8 program. Additionally, ture to distribute new funding to par- isting HOME dollars to serve extremely there are substantial concerns with the ticipating jurisdictions with the re- low income families. It is my hope that funding formula the Bush Administra- quirement that these participating ju- this extra funding will provide an in- tion is currently using for the Section risdictions use these set-aside dollars creased incentive to local cities and 8 program. I look forward to working to produce, rehab, or preserve afford- communities to dedicate more re- with my colleagues in the 110th Con- able housing for extremely low income sources to producing and preserving af- gress to address these and other issues families, or people at 30 percent of area fordable housing for the most vulner- and make the Section 8 program more median income or below. able Americans. effective, more secure, and more acces- As we all know, extremely low in- My bill would also reauthorize a crit- sible to citizens throughout the coun- come households face the most severe ical crime-fighting grant program: the try. affordable housing cost burdens of any Public and Assisted Housing Crime and But providing rental assistance is not Americans. According to data from Drug Elimination Program, formerly the only answer to solving the housing HUD and the American Housing Sur- known as ‘‘PHDEP.’’ Unfortunately, affordability problem in our country. vey, 56 percent of extremely low in- the PHDEP program has not been fund- We must also work to increase the come renter households deal with se- ed since 2001, and its statutory author- availability of affordable housing stock vere affordability housing issues while ization expired in 2003. It is time to in our communities through facili- only 25 percent of these renters are not bring back this important grant pro- tating production of housing units af- burdened with affordability concerns. gram, which provided much-needed fordable to extremely low and very low HUD also found that half of all ex- public safety resources to public hous- income Americans. The HOME Invest- tremely low income owner households ing authorities and their tenants. My ments Partnership Program, more are severely burdened by affordability legislation would authorize $200 million commonly known as HOME, was cre- concerns. Data shows more than 75 per- per year for five years for this pro- ated in 1990 to assist states and local cent of renter households with severe gram. After more than a decade of declining communities in producing affordable housing affordability burdens are ex- crime rates, new FBI statistics indi- housing for low income families. HOME tremely low income families and more cate that 2005 brought an overall in- is a grant program that allows partici- than half of extremely low income crease in violent crime across the pating jurisdictions the flexibility to households pay at least half of their in- country, and particularly in the Mid- use funds for new production, preserva- come on housing. The Bipartisan Mil- west. Nationwide, violent crime in- tion, and rehabilitation of existing lennial Housing Commission has stated creased 2.3 percent between 2004 and housing stock. HOME is an effective that ‘‘the most serious housing prob- 2005, and in the Midwest, violent crime federal program that is used in concert lem in America is the mismatch be- increased 5.6 percent between 2004 and with other existing housing programs tween the number of extremely low in- 2005. Housing authorities and others to provide affordable housing units for come renter households and the num- providing assisted housing are feeling low income Americans throughout the ber of units available to them with ac- the effects of this shift, but just as the country. ceptable quality and affordable rents.’’ crime rate is rising, their resources to According to recent data from HUD, The Commission also noted that there fight back are dwindling. We need to since fiscal year 1992, over $23 billion is no federal program solely for the provide them with funding targeted at has been allocated through the HOME preservation or production of housing preventing and reducing violent and program to participating jurisdictions for extremely low or moderate income drug-related crime, so that they can around the country. There have been families. provide a safe living environment for over 800,000 units committed, including Because of these severe burdens and their tenants. over 200,000 new construction units. the high cost of providing safe and af- Reauthorizing the Public and As- HUD reports that over 700,000 units fordable housing to families at 30 per- sisted Housing Crime and Drug Elimi- have been completed or funded. Com- cent or below of area median income, nation Program should not be con- munities in my State of Wisconsin my bill would provide $400 million an- troversial. The program has long en- have received over $370 million since nually on top of the money that Con- joyed bipartisan support. It was first 1992 and have seen over 20,000 housing gress already appropriates through sponsored by Senator LAUTENBERG in units completed since 1992. Cities and HOME. I have heard from a number of 1988, and first implemented in 1989 States around the country are able to housing advocates in Wisconsin that under then-Housing and Urban Devel- report numerous success stories in part we have effective housing programs but opment Secretary Jack Kemp. When in due to the HOME funding that has been the programs are not funded ade- effect, it funded numerous crime-fight- allocated to participating jurisdictions quately. This is why I decided to ad- ing measures in housing authorities all since 1992. The Bipartisan Millennial minister this funding through the over the country. Housing Commission found that the HOME program; local communities are In Milwaukee, grants under this pro- HOME program is highly successful familiar with the requirements and gram funded a variety of important and recommended a substantial in- regulations of the HOME program and programs. It provided funding to the crease in funding for HOME in 2002. I think it is important not to place un- Housing Authority of the City of Mil- Unfortunately, for the past two fiscal necessary and new administrative hur- waukee to hire public safety officers years, the HOME program has seen a dles on local cities and communities. who are on site 24 hours a day to re- decline in funding. In fiscal year 2005, Participating jurisdictions will be spond to calls and intervene when prob- HOME was funded at $1.9 billion and in able to use this new funding under the lems arise, and who work collabo- fiscal year 2006, HOME was funded at a eligible uses currently allowed by ratively with local law enforcement little more than $1.7 billion. As a result HOME to best meet the needs of the ex- agencies. According to the Housing Au- of this decline in funding, all partici- tremely low income families in their thority, by the time the PHDEP pro- pating jurisdictions in Wisconsin saw a respective communities. But partici- gram was defunded, public safety offi- decline in HOME dollars, with some ju- pating jurisdictions must certify that cers were responding to more than 8,000 risdictions seeing a decline of more this funding is going to extremely low calls per year, dealing quickly and ef- than six percent. We need to ensure income households and must report on fectively with thefts, drug use and

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00090 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.084 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11067 sales, and other problems. Grants quired to report regularly on their ac- to live. I look forward to working with under the program also allowed the tivities, as was required by HUD regu- my colleagues in the next Congress to Housing Authority in Milwaukee to lations when the program was advance my bill and other housing ini- conduct crime prevention programs defunded. The bill also clarifies the tiatives and work towards meeting the through the Boys and Girls Club of types of activities that can be funded goal of affordable housing and healthy Greater Milwaukee and other on-site through the grant program to ensure communities for all Americans. agencies, providing youths and others that funds are not used inappropri- I ask unanimous consent that the living in public housing with a variety ately. text of my bill be printed in the of educational, job training and life My bill also includes a sense of the RECORD. skill programs. Senate provision calling on Congress to There being no objection, the bill was When the PHDEP program was create a National Affordable Housing ordered to be printed in the RECORD, as defunded during the fiscal year 2002 Trust Fund. At the outset, I want to follows: budget cycle, the Administration ar- commend my colleagues in the Senate, S. 4063 gued that crime-fighting measures Senator KERRY, Senator REED, and oth- Be it enacted by the Senate and House of Rep- should be funded through the Public ers for all their work on advancing the resentatives of the United States of America in Housing Operating Fund and promised cause of a National Affordable Housing Congress assembled, an increase in that Fund to account for Trust fund. I look forward to working SECTION 1. SHORT TITLE. part of the loss of PHDEP funds. That with them and others in the 110th to This Act may be cited as the ‘‘Affordable allowed some programs previously push for the creation of such a trust Housing Expansion and Public Safety Act’’. funded under PHDEP to continue for a fund. SEC. 2. INCREASE IN INCREMENTAL SECTION 8 few years. But now there is a signifi- I agree with my colleagues that such VOUCHERS. cant shortfall in the Operating Fund a trust fund should have the goal of (a) IN GENERAL.—In fiscal year 2007 and and HUD is proposing limits on how supplying 1,500,000 new affordable hous- subject to renewal, the Secretary of Housing capital funds can be used, and housing ing units over the next 10 years. It and Urban Development shall provide an ad- ditional 100,000 incremental vouchers for ten- authorities nationwide—including in should also contain sufficient income ant-based rental housing assistance under Milwaukee—have been faced with targeting to reflect the housing afford- section 8(o) of the United States Housing Act tough decisions, including cutting ability burdens faced by extremely low of 1937 (42 U.S.C. 1437f(o)). some or all of their crime reduction income and very low income families (b) AUTHORIZATION OF APPROPRIATIONS.— programs. and contain enough flexibility to allow (1) IN GENERAL.—There are authorized to be It is time for Congress to step in and local communities to produce, pre- appropriated $8,400,000,000 for the provision reauthorize these grants. Everyone de- serve, and rehabilitate affordable hous- and renewal of the vouchers described in sub- serves a safe place to live, and we ing units while ensuring that such af- section (a). (2) AVAILABILITY.—Any amount appro- should help provide housing authorities fordable housing development fosters priated under paragraph (1) shall remain and other federally assisted low-in- the creation of healthy and sustainable available until expended. come housing entities with the re- communities. (3) CARRYOVER.—To the extent that any sources they need to provide that to Hundreds of local housing trust funds amounts appropriated for any fiscal are not their tenants. have been created in cities and states expended by the Secretary of Housing and But we can do more than just provide throughout the country, including re- Urban Development in such fiscal year for public housing authorities with grant cently in the city of Milwaukee. I want purposes of subsection (a), any remaining money. The Federal government also to commend the community members amounts shall be carried forward for use by needs to provide more resources to help the Secretary to renew the vouchers de- in Milwaukee for working to address scribed in subsection (a) in subsequent years. housing authorities spend those funds the housing affordability issues that (c) DISTRIBUTION OF AMOUNTS.— in the most effective way possible. the city faces and it is my hope that we (1) ADMINISTRATIVE COSTS.—The Secretary That is why my legislation also con- in Congress can do our part to help may not use more than $800,000,000 of the tains several provisions to enhance the Wisconsin’s communities and commu- amounts authorized under paragraph (1) to effectiveness of this grant program. It nities around the country provide safe cover the administrative costs associated would: Require HUD’s Office of Policy and affordable housing to all Ameri- with the provision and renewal of the vouch- Development & Research (PD&R) to cans. ers described in subsection (a). conduct a review of existing research This bill is the third of four proposals (2) VOUCHER COSTS.—The Secretary shall use all remaining amounts authorized under on crime fighting measures and issue a I am introducing this year to address paragraph (1) to cover the costs of providing report within six months identifying some of the domestic issues that have and renewing the vouchers described in sub- effective programs, providing an im- been raised with me over the years by section (a). portant resource to public housing au- my constituents, some of them at the SEC. 3. TARGETED EXPANSION OF HOME INVEST- thorities; require PD&R to work with listening sessions I hold annually in MENT PARTNERSHIP (HOME) PRO- housing authorities, social scientists each of Wisconsin’s 72 counties. Pre- GRAM. and others to develop and implement a vious proposals addressed health care (a) PURPOSE.—The purposes of this section plan to conduct rigorous scientific reform and the trade deficit. are as follows: This Nation faces a severe shortage (1) To authorize additional funding under evaluation of crime reduction and pre- subtitle A of title II of the Cranston-Gon- vention strategies funded by the grant of affordable housing for our most vul- zalez National Affordable Housing Act (42 program that have not previously been nerable citizens. Shelter is one of our U.S.C. 12741 et seq.), commonly referred to as subject to that type of evaluation, giv- most basic needs, and, unfortunately, the Home Investments Partnership ing housing authorities yet another too many Wisconsinites and people (‘‘HOME’’) program, to provide dedicated source of information about effective around the country are struggling to funding for the expansion and preservation strategies for combating crime; and re- afford a place to live for themselves of housing for extremely low-income individ- quire HUD to report to Congress within and their families. This legislation uals and families through eligible uses of in- does not solve all the affordable hous- vestment as defined in paragraphs (1) and (3) four years, based on what it learns of section 212(a) of the Cranston-Gonzalez from existing research and evaluations ing issues that communities are facing, National Affordable Housing Act. of grantee programs, on the most effec- but I believe it is a good first step. This (2) Such additional funding is intended to tive ways to prevent and reduce crime issue is about more than providing a supplement the HOME funds already allo- in public and assisted housing environ- roof over a family’s head, however. cated to a participating jurisdiction to pro- ments, the ways in which it has pro- Good housing and healthy communities vide additional assistance in targeting re- vided related guidance to help grant lead to better jobs, better educational sources to extremely low-income individuals applicants, and any suggestions for im- outcomes, and better futures for all and families. Americans. Local communities, States, (3) Such additional funding is not intended proving the effectiveness of the pro- to be the only source of assistance for ex- gram going forward. and the Federal Government must tremely low-income individuals and families As with any grant program, it is es- work together to dedicate more effec- under the HOME program, and participating sential that HUD monitor the use of tive resources toward ensuring that all jurisdictions shall continue to use non-set the grants and that grantees be re- Americans have a safe and decent place aside HOME funds to provide assistance to

VerDate Aug 31 2005 07:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00091 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.085 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11068 CONGRESSIONAL RECORD — SENATE November 16, 2006 such extremely low-income individuals and ‘‘(B) separate such extremely low-income ‘‘(F) providing security services for the families. individuals and families into those individ- purpose of discouraging, reducing, or elimi- uals and families who were assisted by— nating drug use or violent crime.’’. (b) SET ASIDE FOR EXTREMELY LOW-INCOME ‘‘(i) funds set aside specifically for such in- (d) EFFECTIVENESS.— INDIVIDUALS AND FAMILIES.— dividuals and families under section 212(a)(6); (1) APPLICATION PLAN.—Section 5125(a) of (1) ELIGIBLE USE.—Section 212(a) of the Cranston-Gonzalez National Affordable and the Anti-Drug Abuse Act of 1988 (42 U.S.C. Housing Act (42 U.S.C. 12742(a)) is amended ‘‘(ii) any other funds awarded under this 11904(a)) is amended by adding at the end the by adding at the end the following: subtitle; and following: ‘‘To the maximum extent feasible, ‘‘(C) describe the type of activities, includ- each plan submitted under this section shall ‘‘(6) EXTREMELY LOW-INCOME INDIVIDUALS ing new construction, preservation, and re- be developed in coordination with relevant AND FAMILIES.— habilitation of housing, provided to such ex- local law enforcement agencies and other ‘‘(A) IN GENERAL.—Each participating ju- risdiction shall use funds provided under this tremely low-income individuals and families local entities involved in crime prevention subtitle to provide affordable housing to in- that were supported by— and reduction. Such plan also shall include dividuals and families whose incomes do not ‘‘(i) funds set aside specifically for such in- an agreement to work cooperatively with the exceed 30 percent of median family income dividuals and families under section 212(a)(6); Office of Policy Development and Research for that jurisdiction. and in its efforts to carry out the functions re- ‘‘(ii) any other funds awarded under this quired under section 5130.’’ ‘‘(B) EXCEPTION.—If a participating juris- diction can certify to the Secretary that subtitle. (2) HUD REPORT.—Section 5127 of the Anti- such participating jurisdiction has met in its ‘‘(3) INCLUSION WITH PERFORMANCE RE- Drug Abuse Act of 1988 (42 U.S.C. 11906) is jurisdiction the housing needs of extremely PORT.—The certification required under amended by adding at the end the following: low-income individuals and families de- paragraph (1) shall be included in the juris- ‘‘(d) EFFECTIVENESS REPORT.—The Sec- scribed in subparagraph (A), such partici- diction’s annual performance report sub- retary shall submit a report to the Congress pating jurisdiction may use any remaining mitted to the Secretary under section 108(a) not later than 4 years after the date of the funds provided under this subtitle for pur- and made available to the public.’’. enactment of the Affordable Housing Expan- (c) AUTHORIZATION OF APPROPRIATIONS.—In poses of subparagraph (A) to provide afford- sion and Public Safety Act that includes— addition to any other amounts authorized to ‘‘(1) aggregate data regarding the cat- able housing to individuals and families be appropriated under any other law or ap- whose incomes do not exceed 50 percent of egories of program activities that have been propriations Act to carry out the provisions funded by grants under this chapter; median family income for that jurisdiction. of title II of the Cranston-Gonzalez National ‘‘(C) RULE OF CONSTRUCTION.—The Sec- ‘‘(2) promising strategies related to pre- Affordable Housing Act (42 U.S.C. 12701 et. venting and reducing violent and drug-re- retary shall notify each participating juris- seq), there are authorized to be appropriated diction receiving funds for purposes of this lated crime in public and federally assisted to carry out the provisions of this section low-income housing derived from— paragraph that use of such funds, as required $400,000,000 for each of fiscal years 2007 under subparagraph (A), does not exempt or ‘‘(A) a review of existing research; and through 2011. ‘‘(B) evaluations of programs funded by prevent that participating jurisdiction from SEC. 4. PUBLIC AND ASSISTED HOUSING CRIME using any other funds awarded under this grants under this chapter that were con- AND DRUG ELIMINATION PROGRAM. ducted by the Office of Policy Development subtitle to provide affordable housing to ex- (a) TITLE CHANGE.—The chapter heading of and Review or by the grantees themselves; tremely low-income individuals and families. chapter 2 of subtitle C of title V of the Anti- ‘‘(3) how the information gathered in para- ‘‘(D) RENTAL HOUSING.—Notwithstanding Drug Abuse Act of 1988 (42 U.S.C. 11901 et graph (2) has been incorporated into— section 215(a), housing that is for rental shall seq.) is amended to read as follows: ‘‘(A) the guidance provided to applicants qualify as affordable housing under this ‘‘CHAPTER 2—PUBLIC AND ASSISTED paragraph only if such housing is occupied under this chapter; and HOUSING CRIME AND DRUG ELIMI- ‘‘(B) the implementing regulations under by extremely low-income individuals or fam- NATION PROGRAM’’. ilies who pay as a contribution toward rent this chapter; and (b) AUTHORIZATION OF APPROPRIATIONS.— (excluding any Federal or State rental sub- ‘‘(4) any statutory changes that the Sec- (1) AMOUNTS AUTHORIZED.—Section 5129(a) retary would recommend to help make sidy provided on behalf of the individual or of the Anti-Drug Abuse Act of 1988 (42 U.S.C. family) not more than 30 percent of the grants awarded under this chapter more ef- 11908(a)) is amended to read as follows: fective.’’. monthly adjusted income of such individual ‘‘(a) IN GENERAL.—There are authorized to or family, as determined by the Secretary.’’. (3) OFFICE OF POLICY DEVELOPMENT AND RE- be appropriated to carry out this chapter SEARCH REVIEW AND PLAN (2) PRO RATA DISTRIBUTION.—Section 217 of .—Chapter 2 of sub- $200,000,000 for each of fiscal years 2007, 2008, title C of title V of the Anti-Drug Abuse Act the Cranston-Gonzalez National Affordable 2009, 2010, and 2011.’’. Housing Act (42 U.S.C. 12747) is amended by of 1988 (42 U.S.C. 11901 et seq.) is amended by (2) SET ASIDE FOR THE OFFICE OF POLICY DE- adding at the end the following: adding at the end the following: VELOPMENT AND RESEARCH.—Section 5129 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. ‘‘SEC. 5130. OFFICE OF POLICY DEVELOPMENT ‘‘(e) PRO RATA DISTRIBUTION FOR EX- AND RESEARCH REVIEW AND PLAN. TREMELY LOW-INCOME INDIVIDUALS AND FAMI- 11908) is amended by adding at the end the ‘‘(a) REVIEW.— LIES.—Notwithstanding any other provision following: ‘‘(1) IN GENERAL.—The Office of Policy De- of this Act, in any fiscal year the Secretary ‘‘(d) SET ASIDE FOR THE OFFICE OF POLICY DEVELOPMENT AND RESEARCH.—Of any velopment and Research established pursu- shall allocate any funds specifically ap- ant to section 501 of the Housing and Urban proved in an appropriations Act to provide amounts made available in any fiscal year to carry out this chapter not less than 2 percent Development Act of 1970 (12 U.S.C. 1701z–1) affordable housing to extremely low-income shall conduct a review of existing research individuals or families under section shall be available to the Office of Policy De- velopment and Research to carry out the relating to preventing and reducing violent 212(a)(6), such funds shall be allocated to and drug-related crime to assess, using sci- each participating jurisdiction in an amount functions required under section 5130.’’. (c) ELIGIBLE ACTIVITIES.—Section 5124(a)(6) entifically rigorous and acceptable methods, which bears the same ratio to such amount of the Anti-Drug Abuse Act of 1988 (42 U.S.C. which strategies— as the amount such participating jurisdic- 11903(a)(6)) is amended by striking the semi- ‘‘(A) have been found to be effective in pre- tion receives for such fiscal year under this colon and inserting the following: ‘‘, except venting and reducing violent and drug-re- subtitle, not including any amounts allo- that the activities conducted under any such lated crimes; and cated for any additional set-asides specified program and paid for, in whole or in part, ‘‘(B) would be likely to be effective in pre- in such appropriations Act for that fiscal with grant funds awarded under this chapter venting and reducing violent and drug-re- year.’’. may only include— lated crimes in public and federally assisted (3) CERTIFICATION.—Section 226 of the Cran- ‘‘(A) providing access to treatment for low-income housing environments. ston-Gonzalez National Affordable Housing drug abuse through rehabilitation or relapse ‘‘(2) REPORT.—Not later than 180 days after Act (42 U.S.C. 12756) is amended by adding at prevention; the date of enactment of the Affordable the end the following: ‘‘(B) providing education about the dangers Housing Expansion and Public Safety Act, ‘‘(d) CERTIFICATION.— and adverse consequences of drug use or vio- the Secretary shall issue a written report ‘‘(1) IN GENERAL.—Each participating juris- lent crime; with the results of the review required under diction shall certify on annual basis to the ‘‘(C) assisting drug users in discontinuing paragraph (1). Secretary that any funds used to provide af- their drug use through an education pro- ‘‘(b) EVALUATION PLAN.— fordable housing to extremely low-income gram, and, if appropriate, referring such ‘‘(1) IN GENERAL.—Upon completion of the individuals or families under section 212(a)(6) users to a drug treatment program; review required under subsection (a)(1), the were actually used to assist such families. ‘‘(D) providing after school activities for Office of Policy Development and Research, ‘‘(2) CONTENT OF CERTIFICATION.—Each cer- youths for the purpose of discouraging, re- in consultation with housing authorities, so- tification required under paragraph (1) ducing, or eliminating drug use or violent cial scientists, and other interested parties, shall— crime by youths; shall develop and implement a plan for eval- ‘‘(A) state the number of extremely low-in- ‘‘(E) providing capital improvements for uating the effectiveness of strategies funded come individuals and families assisted in the the purpose of discouraging, reducing, or under this chapter, including new and inno- previous 12 months; eliminating drug use or violent crime; and vative strategies and existing strategies,

VerDate Aug 31 2005 07:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00092 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.123 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11069 that have not previously been subject to rig- vision of law, the Secretary of Commerce strengths and weaknesses of No Child orous evaluation methodologies. may not award any new grants under the Ad- Left Behind. While there may be many ‘‘(2) METHODOLOGY.—The plan described in vanced Technology Program, provided for issues that divide us, our responsibility paragraph (1) shall require such evaluations under section 28 of the National Institute of in education is clear. We must promote Standards and Technology Act (15 U.S.C. to use rigorous methodologies, particularly successful, meaningful public edu- random assignment (where practicable), that 278n), effective October 1, 2006. are capable of producing scientifically valid cation for our children. The INCLB Act knowledge regarding which program activi- By Mr. CRAPO: will ensure that INCLB continues to be ties are effective in preventing and reducing S. 4064. A bill to improve the amend- an avenue to success for educators and violent and drug-related crime in public and ments made by the No Child Left Be- students throughout Idaho and the Na- other federally assisted low-income hous- hind Act of 2001; to the Committee on tion. ing.’’. Health, Education, Labor, and Pen- SEC. 5. SENSE OF THE SENATE REGARDING THE sions. By Mrs. CLINTON: CREATION OF A NATIONAL AFFORD- Mr. CRAPO. Mr. President, today I S. 4065. A bill to direct the Attorney ABLE HOUSING TRUST FUND. introduce the Improving No Child Left General to conduct a study on the fea- (a) FINDINGS.—Congress finds the fol- Behind—INCLB—Act. As a father and a sibility of collecting crime data relat- lowing: ing to the occurrence of school-related legislator, I am committed to advo- (1) Only 1 in 4 eligible households receives crime in elementary schools and sec- cating for public education in Idaho Federal rental assistance. ondary schools; to the Committee on (2) The number of families facing severe and throughout the Nation. Ensuring the Judiciary. housing cost burdens grew by almost that every child receives a good edu- 2,000,0000 households between 2001 and 2004. Mrs. CLINTON. Mr. President, I rise cation is one of my top priorities. today to introduce the Accurate Crime (3) 1 in 3 families spend more than 30 per- President Bush’s sweeping education cent of their earnings on housing costs. Trends for School Act, a bill that is (4) More than 75 percent of renter house- reforms included in the No Child Left critical in protecting our children from holds with severe housing affordability bur- Behind Act have had measurable posi- crimes within their schools. dens are extremely low-income families. tive effects on many students across Each day, parents send their children (5) More than half of extremely low-income the country, and I support the law’s ob- off to school with a sense of security households pay at least half of their income jective of ensuring that every child that they are spending their day in a on housing. achieves his or her potential. classroom free from danger. The latest (6) At least 500,000 Americans are homeless However, given time to observe the outbreaks of school violence and every day. implementation of the law, it is now crimes are a clear reminder that this is (7) 2,000,000 to 3,000,0000 Americans are appropriate to review opportunities for homeless for various lengths of time each not always the case. While the major- year. needed improvements to the under- ity of our schools are safe, some par- (8) It is estimated that the development of lying program. After conferring with a ents send their children off to school an average housing unit creates on average number of organizations in Idaho and only to find that their child has be- more than 3 jobs and the development of an at the national level, I have identified come the victim of a crime. average multifamily unit creates on average implementation concerns that seem The No Child Left Behind Act re- more than 1 job. common to various stakeholder groups. quires States and local educational (9) It is estimated that over $80,000 is pro- In response, I have created the Improv- agencies to publicly report criminal ac- duced in government revenue for an average ing No Child Left Behind Act. This bill tivity in our schools, based on their single family unit built and over $30,000 is own reports and best-guess surveys. produced in government revenue for an aver- contains a number of workable, com- age multifamily unit built. monsense modifications to the law. However, there is no Federal crime re- (10) The Bipartisan Millennial Housing These provisions preserve the major porting and tracking system for K–12 Commission stated that ‘‘the most serious focus on student achievement and ac- schools in the United States. housing problem in America is the mismatch countability and, at the same time, en- I strongly believe that accurate data between the number of extremely low in- sure that schools and school districts on the crimes occurring in our schools come renter households and the number of are accurately and fairly assessed. The will help us develop preventative meas- units available to them with acceptable act ensures that local schools and dis- ures and effectively address crimes oc- quality and affordable rents.’’. tricts have more flexibility and control curring in our nation’s classrooms. (b) SENSE OF THE SENATE.—It is the sense in educating our Nation’s children. The My bill, the Accurate Crime Trends of the Senate that— (‘‘ACT’’) for Schools Act, directs the goal of the act is expressed in its name: (1) Congress shall create a national afford- Attorney General, in consultation with to improve No Child Left Behind. able housing trust fund with the purpose of the FBI and the International Associa- supplying 1,500,000 additional affordable The bill does a number of things: housing units over the next 10 years; INCLB would allow supplemental serv- tion of Chiefs of Police, to determine the feasibility of expanding the Na- (2) such a trust fund shall contain suffi- ices like tutoring to be offered to stu- tional Incidents Based Reporting Sys- cient income targeting to reflect the housing dents sooner than they are currently tem (‘‘NIBRS’’) to include information affordability burdens faced by extremely available; INCLB would provide flexi- low-income and very low-income families; on K–12 school-related crime. NIBRS is bility for States to use additional types and the FBI’s comprehensive, detailed (3) such a trust fund shall contain enough of assessment models for measuring crime reporting system. It provides a flexibility to allow local communities to student progress; INCLB grants States greater capability of reporting the de- produce, preserve, and rehabilitate afford- more flexibility in assessing students tails of crimes than self-reporting or able housing units while ensuring that such with disabilities; INCLB would ensure surveys do. affordable housing development fosters the more fair and accurate assessments of I want it to be clear that expanding creation of healthy and sustainable commu- Limited English Proficiency—LEP— nities. NIBRS would not create a new level of students; INCLB would create a stu- bureaucracy. This bill would neither SEC. 6. OFFSETS. dent testing participation range, pro- bring the FBI into our schools, nor (a) REPEAL OF MULTIYEAR PROCUREMENT viding flexibility for uncontrollable AUTHORITY FOR F–22A RAPTOR FIGHTER AIR- place any new requirements or new variations in student attendance; CRAFT.—Effective as of October 17, 2006, sec- burdens upon educators. Expanding tion 134 of the John Warner National Defense INCLB would allow schools to target NIBRS would use existing crime re- Authorization Act for Fiscal Year 2007 (Pub- resources to those student populations porting infrastructures to collect spe- lic Law 109–364), relating to multiyear pro- who need the most attention by apply- cific K–12 crime data, allowing us to curement authority for F–22A Raptor fighter ing sanctions only when the same stu- improve the safety of our kids in aircraft, is repealed. dent group fails to make adequate school. (b) ADVANCED RESEARCH FOR FOSSIL progress in the same subject for two This year The Office of the New York FUELS.—Notwithstanding any other provi- consecutive years; and INCLB would State Comptroller released a study sion of law, the Secretary of Energy shall not carry out any program that conducts, or ensure that students are counted prop- that underscored the need for such leg- provides assistance for, applied research for erly and accurately in assessment and islation. The report showed that at fossil fuels. reporting systems. schools sampled, 80 percent of docu- (c) TERMINATION OF ADVANCED TECHNOLOGY Taken together, these provisions re- mented incidents of crimes went unre- PROGRAM.—Notwithstanding any other pro- flect a realistic assessment of both the ported to the State, with a number of

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00093 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.123 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11070 CONGRESSIONAL RECORD — SENATE November 16, 2006 these instances being serious crimes. BYRD, PRYOR, ENZI, and CLINTON are right office to cover any future viola- This is the type of information that we among those joining me in sponsoring tions. need that we are not currently getting. this important bill. I regret the neces- This bipartisan bill respects the le- As a parent, I truly believe it is im- sity of this legislation, but I am deter- gitimate interests of broadcasters who perative to be made aware of any crime mined to protect consumers—espe- have been harmed by EchoStar’s ac- that takes place in our children’s cially consumers in rural areas such as tions, while it serves the interests of schools. Our parents, educators, and Vermont. the people who are the innocent by- children need and deserve a sense of This is a pro-consumer, bipartisan standers and the real victims of this comfort and security from their bill that addresses a problem that soon emerging problem: the consumers who schools. When we have accurate data will face millions of Americans who are paying for these services. on what is occurring in our school, we subscribe to satellite TV services. I re- I ask unanimous consent that the will be able to develop effective poli- alize full well that this bill may not text of the bill be printed in the cies to make sure our schools are safe. please the major corporations affected RECORD. This bill is a critical first step in by this remedy, but its intent is not to There being no objection, the bill was achieving this goal. help corporations, but to help home ordered to be printed in the RECORD, as The infrastructure for collecting this satellite viewers. follows: A Federal court recently found that data is already in place. All we have to S. 4067 do is determine the best way to utilize EchoStar willfully, flagrantly and re- peatedly violated Federal law, and I be- Be it enacted by the Senate and House of Rep- it. The Accurate Crime Trends for resentatives of the United States of America in Schools Act will accomplish just that. lieve that EchoStar should be held to Congress assembled, account for its decade of illegal activ- I hope that my colleagues will join SECTION 1. SHORT TITLE. ity. The situation is ultimately quite me in support of this legislation. This Act may be cited as the ‘‘Satellite I ask unanimous consent that the complicated, but the simplest version Consumer Protection Act of 2006’’. is this: EchoStar has been bringing dis- text of the bill be printed in the SEC. 2. LIMITATIONS ON EXCLUSIVE RIGHTS: RECORD. tant network signals to areas that did SECONDARY TRANSMISSIONS OF There being no objection, the bill was not need satellite to provide access to DISTANT NETWORK SIGNALS FOR PRIVATE HOME VIEWING BY CER- ordered to be printed in the RECORD, as that programming. But the penalty for such actions is harsh, and the court TAIN SATELLITE CARRIERS. follows: (a) IN GENERAL.—Chapter 1 of title 17, S. 4065 that heard the lawsuit had no choice: United States Code, is amended by inserting Be it enacted by the Senate and House of Rep- EchoStar will be required to stop re- after section 119 the following: transmitting any distant signals. resentatives of the United States of America in ‘‘§ 119A. Limitations on exclusive rights: sec- Congress assembled, EchoStar flouted the law, but it is con- ondary transmissions of distant network SECTION 1. SHORT TITLE. sumers who will suffer. Unless we pass signals for private home viewing by certain This Act may be cited as the ‘‘Accurate this bill, many rural subscribers satellite carriers Crime Trends for Schools Act’’ or the ‘‘ACT around the country will lose access to ‘‘(a) STATUTORY LICENSE GRANTED.— for Schools Act’’. news and entertainment programming ‘‘(1) IN GENERAL.—Notwithstanding any in- SEC. 2. STUDY AND REPORT. from the free, over-the-air broadcast junction issued under section 119(a)(7)(B), a (a) STUDY.—The Attorney General shall, networks. satellite carrier found to have engaged in a after consultation with the Director of the The Satellite Consumer Protection pattern or practice of violations pursuant to Federal Bureau of Investigation and the Act is a practical, narrow, and—most section 119(a)(7)(B) is granted a statutory li- International Association of Chiefs of Police, importantly—pro-consumer solution to cense to provide a secondary transmission of conduct a study to determine the feasibility a performance or display of a work embodied of expanding the National Incident-Based a problem of Echo Star’s creation. The in a primary transmission made by a net- Reporting System to include information on court-issued injunction, set to take ef- work station in accordance with the provi- the occurrence of school-related crime in ele- fect December 1, will prohibit sions of this section. mentary schools and secondary schools. EchoStar from providing any distant ‘‘(2) SIGNIFICANTLY VIEWED SIGNALS.—Under Such study shall include the identification network stations to any of its cus- the statutory license granted by paragraph and evaluation of methods that may be used tomers. Under the Satellite Consumer (1), a satellite carrier may provide a sec- to collect and report such information. Protection Act, the injunction will ondary transmission of a primary trans- (b) REPORT.—Not later than 6 months after apply to the roughly 95 percent of the mission made by a network station as pro- the date of enactment of this Act, the Attor- vided in paragraph (2)(C) or (3) of section ney General shall submit a report containing country where EchoStar provides resi- 119(a). the results of the study conducted under sub- dents their local, over-the-air stations. ‘‘(3) DISTANT SIGNALS.— section (a) to the appropriate committees of Our legislation would only permit ‘‘(A) IN GENERAL.—Under the statutory li- Congress. EchoStar to bring in distant network cense granted by paragraph (1), a satellite (c) DEFINITIONS.—In this section, the terms stations in three situations. First, carrier may provide a secondary trans- ‘‘elementary school’’ and ‘‘secondary school’’ where local stations are not available mission of a performance or display of a have the meanings given the terms in sec- from a satellite provider, EchoStar work embodied in a primary transmission tion 9101 of the Elementary and Secondary could bring in a distant network sta- made by a network station, subject to the Education Act of 1965 (20 U.S.C. 7801). limitations of subparagraphs (B) and (C), of tion if it compensates the local station. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. not more than 1 network station in a single There are authorized to be appropriated to Second, in areas that do not have affili- day for each television network. carry out section 2, $250,000 for fiscal year ates of all four networks, EchoStar ‘‘(B) NON-LOCAL-INTO-LOCAL MARKETS.—A 2007. could bring in a distant signal of the satellite carrier may provide a secondary missing network affiliate because no transmission under subparagraph (A) in a By Mr. LEAHY (for himself, Mr. local station would be harmed. Third, local market (as defined in section 122(j)) in ALLARD, Mr. ROCKEFELLER, MR. stations from neighboring localities which a satellite carrier does not currently provide, and has not ever provided, a trans- BYRD, Mr. INOUYE, Mr. that are considered ‘‘significantly mission pursuant to a statutory license SALAZAR, Mr. ROBERTS, Ms. viewed’’ by the Federal Communica- under section 122, if the satellite carrier— SNOWE, Mr. PRYOR, Mr. ENZI, tions Commission, and are generally ‘‘(i) complies with the terms and condi- Mrs. CLINTON and Mr. ENSIGN): treated as local stations, could be car- tions for a statutory license under section S. 4067. A bill to provide for sec- ried. 119; and ondary transmissions of distant net- This legislation would not be com- ‘‘(ii) certifies to the Copyright Office with- work signals for private home viewing plete without an enforcement provision in 30 days after the date of enactment of the by certain satellite carriers; to the that will truly curb EchoStar’s prac- Satellite Consumer Protection Act of 2006, or Committee on the Judiciary. tice of illegally providing copyrighted before initiating service to a subscriber Mr. LEAHY. Mr. President, today I content. The Satellite Consumer Pro- under this section, whichever is later, that all subscribers receiving secondary trans- am pleased to introduce the Satellite tection Act therefore imposes real missions pursuant to a statutory license Consumer Protection Act of 2006, and I monetary penalties for violating the under this section in that local market re- am proud that Senators INOUYE, Act and requires EchoStar to put suffi- side in unserved households, as determined SNOWE, ALLARD, ROCKEFELLER, and cient funds in escrow with the copy- under section 119(a)(2)(B)(ii); and

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00094 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.082 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11071 ‘‘(iii) deposits, in addition to the deposits mission by a network station is to a sub- stituent and I believe that Congress required by section 119(b)(1), a duplicate pay- scriber who is eligible to receive the sec- needed to restore the ability of these ment with the Register of Copyrights in the ondary transmission under this section. consumers to receive network signals. same amount for each network station in the ‘‘(3) ESCROW.—As a condition of using the For many rural West Virginians, cable local market affiliated with the same net- statutory license under subsection (a), a sat- work as the network station being imported. ellite carrier must deposit the sum of television is not available. ‘‘(C) SHORT MARKETS.—In a local market $20,000,000 in escrow with the Copyright Of- We have a looming crisis on our (as defined in section 122(j)) in which a net- fice. The Copyright Office shall deposit the hands and Congress must pass our bill work station (as defined in section 119(d)) af- escrow funds in an account in the Treasury immediately. We have a duty to our filiated with the ABC, CBS, NBC, or Fox tel- of the United States, in such manner as the consumers to minimize the disruption evision network is not licensed by the Fed- Secretary of the Treasury directs, and in- to their daily lives, and our bill allows eral Communications Commission, a sat- vested in interest-bearing securities of the those consumers who do not have the ellite carrier may provide secondary trans- United States with any interest from such mission under subparagraph (A) of the pri- ability to get local television stations investment to be credited to the account. in their area to continue to receive dis- mary signals of a network station affiliated The Copyright Royalty Judges shall have ex- with that network, if the satellite carrier— clusive jurisdiction to determine liability for tant signals. ‘‘(i) complies with the terms and condi- and entitlement to the statutory damages Again, I urge quick adoption of this tions for a statutory license under section owed to the petitioning party in accordance legislation. 119; and with a process to be prescribed by regulation f ‘‘(ii) certifies to the Copyright Office with- and they shall authorize the Librarian of By Mr. AKAKA (for himself and in 30 days after the date of enactment of the Congress to distribute funds from the escrow Satellite Consumer Protection Act of 2006, or Mr. INOUYE): account to satisfy this determination. After S. 4070. A bill to exempt children of before initiating service to a subscriber all petitions under this section against a sat- under this section, whichever is later, that ellite carrier have been resolved, any certain Filipino World War II veterans all subscribers receiving secondary trans- amount remaining in the satellite carrier’s from the numerical limitations on im- missions pursuant to a statutory license escrow account after February 17, 2009, after migrant visas; to the Committee on the under this section in that local market re- deducting the reasonable costs incurred by Judiciary. side in unserved households, as determined the Copyright Office and the Copyright Roy- Mr. AKAKA. Mr. President, it has under section 119(a)(2)(B)(ii). alty Judges under this section, shall be re- long been evident that our immigra- ‘‘(D) SHORT MARKET EXCEPTION.— turned to the satellite carrier. tion system needs to be reformed, and ‘‘(i) IN GENERAL.—Notwithstanding sub- ‘‘(4) JUDICIAL REVIEW.—A satellite carrier paragraph (C), a satellite carrier may not the current debate on immigration is may seek judicial review of all determina- long overdue. I am pleased that this provide secondary transmission of the pri- tions of the Copyright Royalty Judges on a mary signals of a network station under that consolidated basis in a single petition of ap- body is addressing this important issue subparagraph if secondary transmission of peal to the United States Court of Appeals in such a comprehensive manner. How- those signals could be provided under para- for the District of Columbia Circuit within 30 ever, if the Senate’s debate on immi- graph (2). days after the later of— gration is to be truly comprehensive, it ‘‘(ii) DISCONTINUANCE OF SECONDARY TRANS- ‘‘(A) February 17, 2009; or must address not only its better-known MISSION WHEN PRIMARY SIGNAL BECOMES ‘‘(B) the date on which all amounts in the propositions and factors but also its AVAILABLE.—Notwithstanding subparagraph escrow account have been distributed or re- (C), a satellite carrier that has been pro- lesser-known ones as well. turned. My bill seeks to address and resolve viding secondary transmission of the pri- ‘‘(d) SUNSET.—This section shall not apply mary signals of a network station under sub- after February 17, 2009.’’. an immigration issue that, while root- paragraph (C) in a local market may not pro- (b) CONFORMING AMENDMENT.—The chapter ed in a set of historical circumstance vide such secondary transmission in that analysis for chapter 1 of title 17, United more than seven decades old, remains local market more than 30 days after the States Code, is amended by inserting after unresolved to this day. It is an issue of date on which a network station affiliated the item relating to section 119 the fol- great concern to Filipino World War II with the same network begins to broadcast lowing: veterans and to Filipino Americans, or rebroadcast the basic programming serv- ‘‘119A. Limitations on exclusive rights: sec- and it ought to be an issue of great ice of that network in that local market and ondary transmissions of distant could be carried pursuant to a license under concern to all American veterans and network signals for private citizens with an interest in justice and section 122. home viewing by certain sat- ‘‘(b) DISTRIBUTION OF DUPLICATE DEPOSIT fairness. ellite carriers’’. AMOUNTS.—The Copyright Royalty Judges Before I discuss the specifics of my shall authorize the Librarian of Congress to Mr. ROCKEFELLER. Mr. President, bill, I would first like to thank my dear distribute semiannually amounts received by today, I am pleased to join my col- friend and colleague, the senior Sen- the Register of Copyrights as deposits under leagues Senators LEAHY and ALLARD in ator from Hawaii, DANIEL K. INOUYE, subsection (a)(3)(B)(iii), after deducting the introducing the Satellite Consumer reasonable costs incurred by the Copyright for cosponsoring this bill. In the 101st Office and the Copyright Royalty Judges Protection Act of 2006. I am pleased Congress, Senator INOUYE authored under this section, in accordance with a that Senators BYRD, INOUYE, SALAZAR, Section 405 of the Immigration Act of process that the Copyright Royalty Judges SNOWE, ROBERTS, ENZI, and ENSIGN are 1990, which provided for the naturaliza- may prescribe by regulation, to a network original cosponsors. tion of Filipino World War II veterans. station (as defined in section 119(d)(2)) affili- I want to thank Senator LEAHY for Senator INOUYE has a long history of ated with the network whose signals are his leadership on this issue. This bill being involved in this important effort being carried under this section to a commu- builds upon the hard work and legisla- nity within the local market (as defined in and it is an honor to have his support section 122(j)) in which such signals are being tive language that Congressman RICK on my bill today. provided under this section. BOUCHER (D–VA) and I originally devel- To understand the significance of ‘‘(c) STATUTORY DAMAGES.— oped. Congressman BOUCHER has been this bill, it is important to first pro- ‘‘(1) IN GENERAL.—The violation by a sat- invaluable in making all sure that all vide some background about the his- ellite carrier of subsection (a) is actionable interested parties work together to torical circumstances that got us to as an act of infringement under section 501 protect consumers, and I must thank where we are today. and is subject to statutory damages equal to him for all of his hard work on this In 1941, on the basis of 1934 legisla- $100 per month multiplied by the number of subscribers with respect to which the viola- issue. tion enacted prior to Philippine inde- tion was committed for each month during We have introduced this legislation pendence, President Franklin D. Roo- which the violation was committed (treating to protect consumers who through no sevelt issued an executive order. each month of a continuing violation as a fault of their own can no longer receive Through this order, President Roo- separate violation). network television signals from DISH sevelt invoked his authority to ‘‘call ‘‘(2) PETITION.—A petition for statutory Network. Our constituents have lost and order into the service of the Armed damages may be made to the Copyright Roy- this right because of a nationwide legal Forces of the United States,’’ including alty Judges, pursuant to such rules as may battle between DISH Network and tele- ‘‘all of the organized military forces of be prescribed by the Copyright Royalty Judges by regulation. In any proceeding vision broadcasters. The Court found the Government of the Commonwealth under this section, the satellite carrier shall that DISH Network had violated the of the Philippines.’’ This order drafted have the burden of proving that its sec- law and imposed a penalty. This deci- more than 200,000 Filipino citizens into ondary transmission of a primary trans- sion impacted thousands of my con- the United States military. Under the

VerDate Aug 31 2005 07:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00095 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.130 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11072 CONGRESSIONAL RECORD — SENATE November 16, 2006 command of General Douglas Mac- ican and continue to contribute to 2008—that is only two years away. The Arthur, Filipino soldiers fought along- America, must do so alone. Due to a rehabilitation tax credit is also only side American soldiers in the defense of backlog in the issuing of visas, many of available until the end of 2008. The our country. the children of these veterans have problem with this is that our recovery Throughout the course of World War waited more than twenty years before is going to take longer. In Louisiana II, these Filipino soldiers proved them- being able to obtain an immigrant visa. we are rebuilding an entire city essen- selves to be courageous and honorable My bill, by exempting children of tially from scratch. Whole commu- comrades in arms as they helped the certain Filipino World War II veterans nities were wiped out in Mississippi. United States fulfill its mission. There from the numerical limitation on im- We have never seen a recovery like the was no question that they would be migrant visas, will ensure that our Fil- one we are attempting in the Gulf. treated the same as American troops. ipino World War II veterans can enjoy The placed in service date is particu- These Filipino soldiers are war he- and be supported by their family mem- larly difficult for the low income hous- roes, and deserved to be treated as bers in their twilight years. I believe it ing tax credits. It can take years to get such. They provided active duty service is a simple yet profound way that this together all of the financing for hous- on behalf of the U.S. military, which country may honor the sacrifices made ing developments and even more time should have qualified them for the more than six decades ago by these war for construction. The current placed in same benefits as other active-duty vet- heroes. service date effectively makes any erans. Congress betrayed these vet- I urge my colleagues to honor the credits allocated in 2008 unusable be- erans by enacting the First Supple- valiant contributions of Filipino World cause it would be nearly impossible to mental Surplus Appropriation Rescis- War II veterans to our Nation by sup- get a building financed and constructed sion Act in 1946, which included a rider porting my bill. by the end of the year. that conditioned an appropriation of Today, I am introducing legislation $200 million, for the benefit of the post- By Ms. LANDRIEU: to extend the placed in service dates war Philippine Army, on the basis that S. 4071. A bill to amend the Internal for the various GO Zone tax benefits service in the Commonwealth Army Revenue Code of 1986 to extend the for an additional two years. This will should not be deemed to have been placed-in-service date requirement for give us more time to take full advan- service in the Armed Forces of the low-income housing credit buildings tage of the opportunities the GO Zone United States. and bonus depreciation property and legislation has given us. Our recovery Commonwealth Army members were the period for rehabilitation expendi- is proceeding steadily, but it will take those called into the service of the tures in the Gulf Opportunity Zone; to time. We do not want to diminish the United States Armed Forces for the the Committee on Finance. impact these tax credits will have on Far East. These members served be- Ms. LANDRIEU. Mr. President, the our recovery by artificially limiting tween July 26, 1941, and June 30, 1946. people of New Orleans and the rest of their availability. My bill would make Similarly, Congress enacted the Sec- the Gulf Coast have been working hard these credits available for a longer pe- ond Supplemental Surplus Appropria- to rebuild their communities and the riod of time so that the recovery in the tion Rescission Act, which provided economy of the region. The Gulf Oppor- Gulf will be sustained. that service in the New Philippine tunity (GO) Zone legislation that the I urge my colleagues to support this Scouts was not deemed to be service in Congress passed and the President legislation and ask unanimous consent the U.S. military. signed into law at the end of last year, that the text of the bill be printed in New Philippine Scouts were Filipino has contributed greatly to the rebuild- the RECORD. citizens who served with the United ing efforts. There being no objection, the bill was States Armed Forces with the consent The benefits of this legislation have ordered to be printed in the RECORD, as of the Philippine government. They been tremendous so far. Hundreds of follows: served between October 6, 1945, and businesses, large and small, will be able S. 4071 June 30, 1947. to take advantage of tax incentives Be it enacted by the Senate and House of Rep- These veterans are now in their made possible by the GO Zone bill. resentatives of the United States of America in Congress assembled, eighties and nineties. Of the 200,000 Fil- These include a bonus depreciation pro- SECTION 1. EXTENSION OF PLACED-IN-SERVICE ipino veterans that served in World vision that allows businesses to take a DATE REQUIREMENT FOR LOW-IN- War II, close to 49,000 survive. Some of 50 percent depreciation deduction in COME HOUSING CREDIT BUILDINGS these veterans receive U.S. benefits, the first year on new plant or equip- AND BONUS DEPRECIATION PROP- ment in the GO Zone. This has helped ERTY AND PERIOD FOR REHABILITA- some do not. By 2010, it is estimated TION EXPENDITURES IN GULF OP- that there will be just 20,000 survivors. jump start our recovery by giving busi- PORTUNITY ZONE. With the passage of the Immigration nesses the incentive to invest quickly (a) LOW-INCOME HOUSING CREDIT BUILD- Act of 1990, the courage of the many in the GO Zone. INGS.—Section 1400N(c) of the Internal Rev- Filipino soldiers who fought alongside The GO Zone Act also increased the enue Code of 1986 is amended— our troops during World War II was fi- amount of low income housing tax (1) by striking ‘‘or 2008’’ in paragraph (3)(A) nally recognized by our government, credits available to GO Zone states. and inserting ‘‘2008, 2009, or 2010’’, (2) by striking ‘‘during such period’’ in and Filipino veterans were offered the The Louisiana Housing Finance Agen- paragraph (3)(B)(ii) and inserting ‘‘during the opportunity to obtain U.S. citizenship. cy reports that it has awarded more period described in subparagraph (A)’’, and According to the former Immigration than $80 million in low income housing (3) by striking ‘‘or 2008’’ in paragraph (4)(A) and Naturalization Service, about tax credits. These credits will be lever- and inserting ‘‘2008, 2009, or 2010’’. 15,000 Filipino veterans live in the U.S. aged to finance 195 rental housing de- (b) BONUS DEPRECIATION PROPERTY.—Sec- and became citizens between 1941 and velopments for working families. tion 1400N(d) of the Internal Revenue Code of 1995 under the authority of the Immi- The GO Zone also included an in- 1986 is amended— creased rehabilitation tax credit to en- (1) by striking ‘‘December 31, 2007 (Decem- gration Act of 1990. Between that time ber 31, 2008, in the case of nonresidential real about 11,000 veterans who live in the courage the preservation and rehabili- property and residential rental property)’’ in Philippines were successfully natural- tation of historic structures. We have paragraph (2)(A)(v) and inserting ‘‘December ized. These thousands of Filipino vet- many beautiful, old buildings in New 31, 2010’’, and erans clearly wished to spend their Orleans and along the Gulf. They are (2) by striking ‘‘January 1, 2008’’ in para- golden years in the United States, and part of our heritage and as we rebuild graph (3)(B) and inserting ‘‘January 1, 2011’’. I am pleased that the 1990 Immigration we want to preserve that heritage. (c) INCREASE IN REHABILITATION CREDIT.— reform efforts provided them the op- The problem with the GO Zone Act is Section 1400N(h) of the Internal Revenue Code of 1986 is amended by striking ‘‘2008’’ portunity to do so. that these tax benefits have limits in and inserting ‘‘2010’’. Unfortunately, the offer did not ex- terms of the time that they are avail- tend to the adult sons and daughters of able for our rebuilding. Most require By Ms. LANDRIEU (for herself these veterans. As a result, the Fili- that any plant and equipment, or the and Mr. KERRY): pino veterans who fought on behalf of housing financed by the tax credits, S. 4072. A bill to address ongoing America, and who now live in Amer- must be placed in service by the end of small business and homeowner needs in

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00096 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.134 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11073 the Gulf Coast States impacted by Hur- The people who work for the Small nesses, where tourism is down 85 per- ricane Katrina and Hurricane Rita; to Business Administration and FEMA cent from pre-Katrina levels, to require the Committee on Small Business and are dedicated and interested to help in them to start making payments on a Entrepreneurship. the recovery of our region. However, $50,000 loan is virtually impossible if Ms. LANDRIEU: Mr. President, I these individuals are operating under a there are no customers! Homeowners come to the floor today to highlight system which is inadequate and, in too are experiencing widespread uncer- the ongoing needs of our small busi- some cases, unresponsive to needs on tainty and I believe the current one- nesses and homeowners in the Gulf the ground. year deferment requires serious recon- Coast who were devastated by Hurri- I come to the floor today to intro- sideration. That is why this bill gives canes Katrina and Rita. In Louisiana duce a bill which provides common- borrowers an additional year to get alone, these disasters claimed 1,464 sense solutions to get the Federal as- their lives in order—allow residents to lives, destroyed more than 200,000 sistance to our struggling businesses begin fixing their homes and allow homes and 18,000 businesses and in- and homeowners. If we don’t help them businesses the time for economic activ- flicted $25 billion in uninsured losses. now, building a strong Gulf Coast will ity to pick back up. Many of my colleagues here in the Sen- be all the more difficult if residents For homeowners in Louisiana, the ate have been down to Louisiana and cannot rebuild their homes and busi- State is doing its part by setting up have seen firsthand the size and scope nesses cannot open their doors. the Louisiana Road Home program, to of the destruction. The Congress has After talking to the business leaders provide homeowners with up to $150,000 been very generous in providing bil- and small businesses in my State, in grant proceeds for uninsured losses lions of Federal recovery dollars as there are two things that they need on their properties. However, many ap- well as valuable Gulf Opportunity (GO) right now: access to capital and addi- plicants are concerned because under Zone tax incentives to help spur recov- tional time to repay their SBA Dis- the Stafford and Small Business Acts, ery in the region. These resources will aster loans. For homeowners, they are the SBA is required to ensure there are be key in the recovery of the region still encountering an SBA which is no ‘duplication of benefits’ provided to but there are additional needs on the only disbursing small amounts of loan disaster victims. This means that SBA ground that still must be addressed. funds for home rebuilding. The SBA is must review every file which received That is why I am proud to introduce a also deducting proceeds from State-ad- an SBA Disaster Loan, and if there is bill today, the Gulf Coast Back to Busi- ministered housing recovery grants to deemed to be a duplication, deduct the ness and Homes Act of 2006, which I be- payoff existing SBA Disaster home duplication amount from the grant lieve, addresses these problems and loans. I understand the SBA is just proceeds. As I said, I want the SBA to shows our small businesses and home- doing its job and following the current ensure taxpayers funds are used wisely, owners that the Federal government is laws, but I believe this is a situation but at the same time, I want to ensure responsive to their needs. I am happy where the current laws are actually that all residents are able to get the that my colleague, Senator KERRY, hurting taxpayers in their efforts to funds they need to rebuild their homes. Ranking Member of the Senate Small fully recover. Under the current scenario, some Business & Entrepreneurship Com- For example, under current law, the residents who have additional unin- mittee, has joined me by cosponsoring SBA cannot disburse more than $10,000 sured losses, are being required to still this legislation. for an approved Disaster Loan without pay back these grant proceeds. This is Katrina was the most destructive showing collateral. This is to limit the because many SBA loss inspections hurricane ever to hit the United loss to the SBA in the event that a were done right after the storms in States. The next month, in September, loan defaults. However, this disburse- 2005, but since then building/labor costs Hurricane Rita hit the Louisiana and ment amount has not been increased have increased dramatically, and this Texas coast. It was the second most since 1998 and these days, $10,000 is not is not reflected in the SBA verified powerful hurricane ever to hit the enough to get a business up and run- loss. Borrowers are able to request a United States, wreaking havoc on the ning or to allow a homeowner to start loan modification from SBA, but many southwestern part of my state and the making repairs. Our bill increases this residents who waited months and east Texas coast. This one-two punch collateral requirement for Katrina and months for SBA to respond, are wary devastated Louisiana lives, commu- Rita Disaster Loans from $10,000 to to go through the process again, espe- nities and jobs, stretching from Cam- $35,000. cially if there is a prospect they will be eron Parish in the west to Plaquemines To address the lack of access to cap- declined for the increased loan amount. Parish in the east. ital for our businesses, the bill includes I can’t them because there is We are now rebuilding our State and a provision to provide funds to Lou- enough uncertainty down there right the wide variety of communities that isiana, Mississippi, Alabama, and Texas now. Personally, I would also be hesi- were devastated by Rita and Katrina, to help small businesses now. Not three tant to go through the SBA loan proc- areas representing a diverse mix of months from now, but as quickly as ess again if I had to fill out as much population, income and cultures. We possible. We are asking for $100 million paperwork as my constituents have hope to restore the region’s uniqueness so that businesses can have money had to fill out, and to receive constant and its greatness. To do that, we need they need to repair, rebuild, and pay requests for more information once to rebuild our local economies now and their employees until they get back up they think they are done with submit- far into the future. and running again. The States know ting information. My State estimates that there were what the needs of their affected busi- For this reason, this bill provides the 71,000 businesses in the Katrina and nesses are and we want to provide them SBA Administrator the flexibility to Rita disaster zones. As I mentioned, a with this money so they can start help- consider this ‘duplication of benefits’ total of 18,752 of these businesses were ing businesses now. to be, rather than the entire SBA loan catastrophically destroyed. However, Many businesses and homeowners are amount, to instead be the difference on a wider scale, according to the U.S. also coming up on the end of their between the Federal Government’s sub- Chamber of Commerce, over 125,000 standard one-year deferment of pay- sidized interest rate on the loan and small and medium-sized businesses in ment on principal and interest on their the market rate at which the borrower the Gulf region were disrupted by SBA Disaster Loans. For most disas- could have borrowed such funds. This Katrina and Rita. Many of these busi- ters, one-year is more than enough provides borrowers with additional nesses have yet to resume operations time for borrowers to get back on their funds for rebuilding while retaining the and others are struggling to survive. feet. But for disasters on the scale of Federal Government’s financial respon- We will never succeed without these Katrina and Rita, one-year came and sibility to taxpayers. small businesses. They will be the key went, with communities just now see- In introducing this bill today, I am to the revitalization of the Gulf Coast. ing gas stations open and some home- hopeful it sends the signal to Gulf We also cannot succeed if our home- owners are just now returning to re- Coast residents and businesses that owners are being buried under red tape build their homes. This is a unique sit- Congress has not forgotten about them. and regulations. uation and for French Quarter busi- Congress has done a great deal during

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00097 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.137 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11074 CONGRESSIONAL RECORD — SENATE November 16, 2006 the 109th Congress to help disaster vic- (b) DISBURSEMENT OF FUNDS.—The Depart- ‘‘(ii) TIME PERIOD.—The time period for tims, but that does mean we should ment of Commerce shall disburse the funds purposes of clause (i) shall be 1 year from the just write off recurring problems to the authorized under subsection (a) in the most later of the date of enactment of this para- responsibility of states or disaster vic- expeditious manner possible to the des- graph or the date on which funds are distrib- uted under a loan described in clause (i), but tims themselves. I believe that both ignated States, based on— (1) the number of small business concerns may be extended to 2 years from such date, the leadership on the Senate Com- directly damaged or disrupted by Hurricane at the discretion of the Administrator. mittee on Small Business & Entrepre- Katrina of 2005 or Hurricane Rita of 2005 in ‘‘(iii) RESUMPTION OF PAYMENTS.—At the neurship as well as the new SBA Ad- the State; end of the time period described in clause ministrator, Steve Preston, are recep- (2) the number of residents displaced from (ii), the payment of periodic installments of tive to addressing these ongoing needs the State by Hurricane Katrina of 2005 or principal and interest shall be required with in the Gulf Coast. I look forward to Hurricane Rita of 2005; respect to such loan, in the same manner and working closely with them in the com- (3) the number of jobs lost or disrupted by subject to the same terms and conditions as ing weeks to provide substantive and Hurricane Katrina of 2005 or Hurricane Rita would otherwise be applicable to any other of 2005 in the State; loan made under this subsection.’’. lasting solutions for our small busi- (b) INCREASING COLLATERAL REQUIRE- nesses and homeowners. (4) the extent of economic disruption by Hurricane Katrina of 2005 or Hurricane Rita MENTS.— I urge my colleagues to support this of 2005 in the State; and (1) IN GENERAL.—Notwithstanding any important legislation and ask unani- (5) the number of evacuees from any other other provision of law, including section mous consent that the text of the legis- State due to Hurricane Katrina of 2005 or 7(c)(6) of the Small Business Act (15 U.S.C. lation be printed in the RECORD. Hurricane Rita of 2005, to whom the des- 636(c)(6)), the Administrator may not require There being no objection, the bill was ignated State is providing assistance. collateral for any covered loan made by the Administrator. ordered to be printed in the RECORD, as (c) USE OF FUNDS.— (2) DEFINITION.—In this subsection, the follows: (1) IN GENERAL.—Grants awarded to a State term ‘‘covered loan’’ means a loan in an under subsection (a) shall be used by the S. 4072 amount of not more than $35,000 made— State to provide grants, which may be made Be it enacted by the Senate and House of Rep- (A) under section 7(b)(1) of the Small Busi- to any small business concern located in a resentatives of the United States of America in ness Act (15 U.S.C. 636(b)(1)); Disaster Area that was negatively impacted Congress assembled, (B) as a result of Hurricane Katrina of 2005 by Hurricane Katrina of 2005 or Hurricane SECTION 1. SHORT TITLE. or Hurricane Rita of 2005; and Rita of 2005, to assist such small business This Act may be cited as the ‘‘Gulf Coast (C) after the date of enactment of this Act. Back to Business and Homes Act of 2006’’. concern for the purposes of— (A) paying employees; SEC. 6. WAIVER OF DUPLICATION OF CERTAIN SEC. 2. FINDINGS. BENEFITS. (B) paying bills and other existing finan- Congress finds that— (a) IN GENERAL.—Chapter 9 of title II of the (1) 43 percent of businesses that close fol- cial obligations; Emergency Supplemental Appropriations lowing a natural disaster never reopen; (C) making repairs; Act for Defense, the Global War on Terror, (2) an additional 29 percent of businesses (D) purchasing inventory; and Hurricane Recovery, 2006 (Public Law close down permanently within 2 years of a (E) restarting or operating that business in 109–234; 120 Stat. 471) is amended under the natural disaster; the community in which it was conducting heading ‘‘COMMUNITY DEVELOPMENT FUND (IN- (3) Hurricane Katrina struck the Gulf operations prior to Hurricane Katrina of 2005 CLUDING TRANSFER OF FUNDS)’’ under the Coast of the United States on August 29, or Hurricane Rita of 2005, or to a neighboring heading ‘‘COMMUNITY PLANNING AND DEVEL- 2005, negatively impacting small business area or county or parish in a Disaster Area; OPMENT’’ under the heading ‘‘DEPARTMENT concerns and disrupting commerce in the or OF HOUSING AND URBAN DEVELOP- States of Louisiana, Mississippi, and Ala- (F) covering additional costs until that MENT’’, by inserting after ‘‘Army Corps of bama; small business concern is able to obtain Engineers:’’ the following: ‘‘Provided further, (4) Hurricane Rita struck the Gulf Coast of funding through insurance claims, Federal That notwithstanding the previous proviso the United States on September 24, 2005, neg- assistance programs, or other sources. or any other provision of law, in providing atively impacting small business concerns (2) CRITERIA.—Notwithstanding any other assistance in the State of Louisiana, the Ad- and disrupting commerce in the States of provision of law, in making grants under ministrator of the Small Business Adminis- Texas and Louisiana; paragraph (1), a State may use such criteria tration may (in determining whether activi- (5) according to the United States Chamber as the State determines appropriate, and ties are reimbursable under, or whether of Commerce, more than 125,000 small and shall not be required to apply eligibility cri- funds have been made available under, the Robert T. Stafford Disaster Relief and Emer- medium-sized businesses in the Gulf Coast teria for programs administered by the Fed- gency Assistance Act (42 U.S.C. 5121 et seq.) were disrupted by Hurricane Katrina or Hur- eral Government, including the Department using amounts made available under this ricane Rita; of Commerce. heading) use as the amount of a loan under (6) due to a slow initial Federal response (3) ADMINISTRATIVE EXPENSES.—The De- partment of Commerce may use not more section 7(b) of the Small Business Act (15 and the widespread devastation in the af- U.S.C. 636(b)) the amount attributable to the fected States, businesses impacted by Hurri- than $1,000,000 of the funds authorized under subsection (a) to administer the provision of difference between the rate of interest on cane Katrina are in dire need of increased ac- such loan and the market rate at which such cess to capital and technical assistance to grants to the designated States under this subsection. borrower could have borrowed such funds, recover and prosper; and over the period of such loan:’’. SEC. 5. DISASTER LOANS AFTER HURRICANE (7) without the full recovery and prosperity (b) EFFECTIVE DATE AND APPLICABILITY.— KATRINA OR HURRICANE RITA. of affected businesses, the Gulf Coast, and (1) EFFECTIVE DATE.—The amendments the rest of the United States, will be nega- (a) IN GENERAL.—Section 7(b) of the Small made by this section shall be deemed to have tively impacted. Business Act (15 U.S.C. 636(b)) is amended by taken effect as though enacted as part of the SEC. 3. DEFINITIONS. inserting immediately after paragraph (3) Emergency Supplemental Appropriations In this Act— the following: Act for Defense, the Global War on Terror, (1) the term ‘‘Disaster Area’’ means an ‘‘(4) DISASTER LOANS AFTER HURRICANE and Hurricane Recovery, 2006 (Public Law area in which the President has declared a KATRINA OR HURRICANE RITA IN A DISASTER 109-234; 120 Stat. 418). major disaster in response to Hurricane AREA.— (2) APPLICABILITY.—The amendments made Katrina of 2005 or Hurricane Rita of 2005; ‘‘(A) DEFINITIONS.—In this paragraph— by this section shall apply to any application (2) the term ‘‘major disaster’’ has the ‘‘(i) the term ‘Disaster Area’ means an area for assistance under section 7(b) of the Small meaning given the term in section 102 of the in which the President has declared a major Business Act (15 U.S.C. 636(b)) that is sub- Robert T. Stafford Disaster Relief and Emer- disaster in response to Hurricane Katrina of mitted not later than 1 year after the date of gency Assistance Act (42 U.S.C. 5122); and 2005 or Hurricane Rita of 2005; and enactment of this Act. ‘‘(ii) the term ‘qualified borrower’ means a (3) the term ‘‘small business concern’’ has f the meaning given the term in section 3 of person to whom the Administrator made a the Small Business Act (15 U.S.C. 632). loan under this section because of Hurricane SUBMITTED RESOLUTIONS SEC. 4. SMALL BUSINESS CONCERN RECOVERY Katrina of 2005 or Hurricane Rita of 2005. GRANTS. ‘‘(B) DEFERMENT OF DISASTER LOAN PAY- (a) IN GENERAL.—There are authorized to MENTS.— SENATE RESOLUTION 615—DESIG- be appropriated to the Secretary of Com- ‘‘(i) IN GENERAL.—Notwithstanding any NATING NOVEMBER 26, 2006, AS merce $100,000,000 for the Economic Develop- other provision of law, payments of principal ‘‘DRIVE SAFER SUNDAY’’ ment Administration of the Department of and interest on a loan to a qualified bor- Commerce to make grants to the appropriate rower made before December 31, 2006, shall be Mr. CHAMBLISS (for himself and Mr. State government agencies in Louisiana, deferred, and no interest shall accrue with ISAKSON) submitted the following reso- Alabama, Mississippi, and Texas, to carry respect to such loan, during the time period lution; which was referred to the Com- out this section. described in clause (ii). mittee on the Judiciary:

VerDate Aug 31 2005 07:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00098 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.137 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11075 S. RES. 516 Safety belts, when used, reduce the agnosed and 162,460 individuals will die of Whereas motor vehicle travel is the pri- risk of fatal injury to front seat pas- lung cancer in the United States; mary means of transportation in the United senger car occupants by 45 percent. Whereas both incidence and mortality States; Six out of 10 children who died in rates for lung cancer are significantly higher in black males than in the general popu- Whereas everyone on the roads and high- passenger vehicle crashes were ways needs to drive more safely to reduce lation of the United States; deaths and injuries resulting from motor ve- unbelted. Whereas smoking causes 87 percent of lung hicle accidents; At least 4 percent of automobile cancer deaths in the United States; Whereas the death of almost 43,000 people a crashes are the result of distracted Whereas the best way to decrease the num- year in more than 6 million highway crashes driving. ber of diagnoses and deaths per year from in the United States has been called an epi- An average 119 people died each day lung cancer is to encourage people in the demic by Transportation Secretary Norman as a result of motor crashes in 2005—an United States to quit smoking; Mineta; average of one every 12 minutes. Whereas a former smoker’s risk of lung cancer does not decrease significantly until Whereas according to the National High- From 1975 through 2005, an estimated way Transportation Safety Administration, 20 years after the individual quit smoking; wearing a seat belt saved 15,434 lives in 2004 211,128 lives were saved by safety belts. Whereas the International Early Lung and 15,632 lives in 2005; and From 1975 through 2005, an estimated Cancer Action Program has demonstrated in Whereas the Sunday after Thanksgiving is 7,896 lives were saved by child re- a 14-year study with 31,567 participants that the busiest highway traffic day of the year: straints. computer tomography scans can detect lung Now, therefore, be it In 2005, 68 percent of pickup drivers cancer in Stage I when the cancer can be Resolved, That the Senate— killed in traffic crashes were not using more easily treated and cured, giving indi- (1) encourages— a safety belt. viduals who are diagnosed early a 10-year (A) high schools, colleges, universities, ad- survival rate of 88 percent; ministrators, teachers, primary schools, and With families traveling to see rel- Whereas there is a need to increase public secondary schools to launch campus-wide atives and students nationwide trying awareness of statistics, risk factors, and the educational campaigns to urge students to to get back to school, America’s high- importance of early diagnosis; be careful about safety when driving; ways and interstates are highly con- Whereas individuals with cancers that are (B) national trucking firms to alert their gested and present many opportunities routinely diagnosed at early stages through drivers to be especially focused on driving for dangerous or fatal accidents. This screening, such as breast cancer and prostate safely during the heaviest traffic day of the resolution encourages automobile driv- cancer, have high survival rates of 88 percent year, and to publicize the importance of the ers, truckers, passengers, and law en- and 99 percent, respectively; day using Citizen’s band (CB) radios and in Whereas the 5-year survival rate for lung truck stops across the Nation; forcement agencies to work together to cancer in the United States is still only 15 (C) clergy to remind their members to make the highways a safer place this percent, a rate virtually unchanged since the travel safely when attending services and Sunday after Thanksgiving. It also en- enactment of the National Cancer Act of gatherings; courages all Americans to slow down, 1971; and (D) law enforcement personnel to remind wear their seatbelts, use signals, and Whereas designating November 2006 as drivers and passengers to drive particularly be aware of all the other cars and ‘‘National Lung Cancer Awareness Month’’, safely on the Sunday after Thanksgiving; trucks on the road. It is my hope that as proposed by the Lung Cancer Alliance and and we can all work together to reduce the the Lung Cancer Alliance of Georgia, will in- (E) everyone to use the Sunday after crease public awareness about lung cancer Thanksgiving as an opportunity to educate number of injuries and fatalities that and the need for lung cancer research and themselves about highway safety; and result from car crashes while keeping early detection: Now, therefore, be it (2) designates November 26, 2006, as ‘‘Drive families happy and together. Resolved, That the Senate— Safer Sunday’’. f (1) designates November 2006 as ‘‘National Mr. CHAMBLISS. Mr. President, I Lung Cancer Awareness Month’’; and am submitting a resolution to des- SENATE RESOLUTION 616—AU- (2) reaffirms the Senate’s commitment to— ignate Sunday, November 26, 2006, as THORIZING THE MAJORITY (A) advancing lung cancer research and Drive Safer Sunday. LEADER AND ONE STAFF MEM- early detection, and particularly the Lung Motor vehicle travel is the primary BER TO TRAVEL TO MEXICO FOR Cancer Alliance of Georgia’s goal of signifi- source of travel in the United States THE INAUGURATION OF THE cantly increasing the 5-year survival rate of and statistics show that the Sunday NEW PRESIDENT OF MEXICO individuals diagnosed with lung cancer in after Thanksgiving is the busiest high- SCHEDULED FOR DECEMBER 2, the United States to 50 percent within 10 2006 years; and way traffic day of the year. Too many (B) working with all Federal agencies in- holidays end tragically due to the care- Mr. FRIST submitted the following volved in cancer research to develop a co- less and reckless behavior of motorists resolution; which was considered and ordinated roadmap for accomplishing that and I hope that this resolution will agreed to: goal. raise awareness and help save lives. It Mr. CHAMBLISS. Mr. President, S. RES. 616 should also serve as a reminder to today I am submitting a resolution rec- Resolved, That the Majority Leader and one those traveling over Thanksgiving ognizing November as National Lung holidays and all year long to be vigi- staff member are authorized to travel to Mexico for the inauguration of the new Cancer Awareness Month. It is impor- lant, alert, and careful. President of Mexico scheduled for December tant for Americans to recognize the Steve and Susan Owings are constitu- 2, 2006. large number of individuals who are di- ents of mine in Atlanta, GA. In 2002, f agnosed with and die from lung cancer their son Cullum Owings was in a fatal each year. This resolution is a re- crash on the Sunday after Thanks- SENATE RESOLUTION 617—DESIG- minder to all Americans to help raise giving while traveling back to college. NATING NOVEMBER 2006 AS ‘‘NA- awareness about lung cancer, including This resolution is in honor of Cullum, TIONAL LUNG CANCER AWARE- the importance of early detection and and designed with the hope that other NESS MONTH’’ treatment of this dreadful disease. families like the Owings, will not have Mr. CHAMBLISS submitted the fol- In the United States, nearly 125,000 to suffer such a tragic loss. lowing resolution; which was referred According to the Georgia Governor’s Americans die from lung, trachea, and to the Committee on the Judiciary: Office of Highway Safety, our Georgia bronchus cancer each year. According roads had 348,040 crashes with 1,744 fa- S. RES. 617 to the Centers for Disease Control, talities in 2005. Two of the major con- Whereas lung cancer is the leading cancer CDC, lung cancer is the number one tributing factors to the loss of life in killer of both men and women, accounting cause of cancer deaths nationally for these crashes were speeding and unre- for nearly 1 in every 3 cancer deaths in the men and women. More American United States; women will die from lung cancer than strained passengers. Whereas lung cancer claims the lives of According to the National Highway die from breast cancer each year. The more people each year than breast, prostate, disease kills more individuals than Transportation Safety Administration, colon, liver, and kidney cancers combined; An estimated 15,434 lives in 2004 and Whereas the Surveillance, Epidemiology, breast, prostate, colon, liver, and kid- 15,632 lives in 2005 were saved as a re- and End Results (SEER) Program of the Na- ney cancers combined. In my home sult of passengers wearing their seat- tional Cancer Institute estimates that, in state of Georgia this year alone, more belts. 2006, 174,470 new lung cancer cases will be di- than 6,200 Georgians will be diagnosed

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00099 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.136 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11076 CONGRESSIONAL RECORD — SENATE November 16, 2006 with and almost 5,000 will die from in the United States has been called an epi- treatments that is similar to physical health lung cancer. demic by Transportation Secretary Norman coverage; and The best way to decrease the amount Mineta; Whereas the tragic and premature death of of diagnosis and deaths per year from Whereas according to the National High- Paul Wellstone on October 25, 2002, silenced 1 way Transportation Safety Administration, of the leading voices of the Senate who spoke lung cancer is for Americans not to wearing a seat belt saved 15,434 lives in 2004 on behalf of the citizens of the United States smoke. According to the CDC, ciga- and 15,632 lives in 2005; and who live with a mental illness: Now, there- rette smoking is harmful to human Whereas the Sunday after Thanksgiving is fore, be it health and plays a major role in 90 per- the busiest highway traffic day of the year: Resolved, That it is the sense of the Senate cent of all lung cancer deaths. The Now, therefore, be it that— sooner that a person quits smoking, Resolved, That the Senate— (1) on the fourth anniversary of his pass- (1) encourages— ing, Senator Paul Wellstone should be re- the greater chance that person has of membered for his compassion and leadership not contracting lung cancer. (A) high schools, colleges, universities, ad- ministrators, teachers, primary schools, and on social issues throughout his career; and For the fiscal year 2007, the National secondary schools to launch campus-wide (2) Congress should act to end discrimina- Institutes of Health, NIH, will spend an educational campaigns to urge students to tion against citizens of the United States estimated $285 million, and the Na- be careful about safety when driving; who live with a mental illness by enacting tional Cancer Institute, NCI, will spend (B) national trucking firms to alert their legislation to provide for coverage of mental $261 million on lung cancer research. drivers to be especially focused on driving health benefits with respect to health insur- ance coverage. This money will be spent to reduce the safely during the heaviest traffic day of the risk of contracting the disease and find year, and to publicize the importance of the f a cure for lung cancer. As our Nation day using Citizen’s band (CB) radios and in SENATE RESOLUTION 620—DESIG- truck stops across the Nation; continues the fight against cancer, it is (C) clergy to remind their members to NATING NOVEMBER 2006 AS ‘‘NA- important for Congress to provide con- travel safely when attending services and TIONAL LUNG CANCER AWARE- tinued support to the NIH and NCI in gatherings; NESS MONTH’’ order to find a cure for this terrible (D) law enforcement personnel to remind Mr. CHAMBLISS submitted the fol- disease and reach our goal of elimi- drivers and passengers to drive particularly lowing resolution; which was consid- nating suffering and death from cancer safely on the Sunday after Thanksgiving; ered and agreed to: and by 2015. Through advancements in S. RES. 620 science and research, cancer has be- (E) everyone to use the Sunday after Thanksgiving as an opportunity to educate Whereas lung cancer is the leading cancer come one of the most preventable and themselves about highway safety; and killer of both men and women, accounting increasingly curable life threatening (2) designates November 26, 2006, as ‘‘Drive for nearly 1 in every 3 cancer deaths in the diseases. As a cancer survivor, I will be Safer Sunday’’. United States; Whereas lung cancer claims the lives of the first to tell you that prevention f and detection greatly increases your more people each year than breast, prostate, chances of survival. It is my hope that SENATE RESOLUTION 619—EX- colon, liver, and kidney cancers combined; PRESSING THE SENSE OF THE Whereas the Surveillance, Epidemiology, recognizing November as National and End Results (SEER) Program of the Na- Lung Cancer Awareness Month will re- SENATE THAT SENATOR PAUL WELLSTONE SHOULD BE REMEM- tional Cancer Institute estimates that, in mind everyone that maintaining a 2006, 174,470 new lung cancer cases will be di- healthy lifestyle coupled with early de- BERED FOR HIS COMPASSION agnosed and 162,460 individuals will die of tection through screening greatly re- AND LEADERSHIP ON SOCIAL lung cancer in the United States; duces the risk of cancer. ISSUES AND THAT CONGRESS Whereas both incidence and mortality I commend the Lung Cancer Alliance SHOULD ACT TO END DISCRIMI- rates for lung cancer are significantly higher NATION AGAINST CITIZENS OF in black males than in the general popu- of Georgia on all of their hard work in lation of the United States; helping to raise awareness regarding THE UNITED STATES WHO LIVE WITH MENTAL ILLNESS BY MAK- Whereas smoking causes 87 percent of lung this deadly disease. The Lung Cancer cancer deaths in the United States; Alliance of Georgia has been at the ING LEGISLATION RELATING TO Whereas the best way to decrease the num- forefront in organizing the state move- MENTAL HEALTH PARITY A PRI- ber of diagnoses and deaths per year from ment to combat lung cancer, releasing ORITY FOR THE 110TH CONGRESS lung cancer is to encourage people in the United States to quit smoking; a state report card for Georgia that Mr. DURBIN (for himself, Mr. COLE- Whereas a former smoker’s risk of lung brings to light many specific problems MAN, Mr. KENNEDY, Mr. HARKIN, Mr. cancer does not decrease significantly until our state has in relation to lung can- DAYTON, Mr. FEINGOLD, Mr. REED, Mr. 20 years after the individual quit smoking; cer. It is important to bring these prob- DODD, Mrs. MURRAY, Mr. LAUTENBERG, Whereas the International Early Lung lems to the forefront in order to work and Mr. LEAHY) submitted the fol- Cancer Action Program has demonstrated in together to help reduce the rate of lung lowing resolution; which was consid- a 14-year study with 31,567 participants that cancer incidence and deaths. I com- ered and agreed to: computer tomography scans can detect lung cancer in Stage I when the cancer can be mend my friend Ed Levitt, his wife S. RES. 619 more easily treated and cured, giving indi- Linda, and Lung Cancer Alliance of Whereas Paul Wellstone served with dis- viduals who are diagnosed early a 10-year Georgia, for all of their hard work in tinction as a Senator from the State of Min- survival rate of 88 percent; making lung cancer awareness a top nesota; Whereas there is a need to increase public priority. Whereas, for more than 20 years, Paul awareness of statistics, risk factors, and the Wellstone inspired the students of Carleton importance of early diagnosis; f College in Northfield, Minnesota; Whereas individuals with cancers that are SENATE RESOLUTION 618—DESIG- Whereas Paul Wellstone was a loving fa- routinely diagnosed at early stages through NATING NOVEMBER 26, 2006, AS ther and husband, a loyal citizen of the screening, such as breast cancer and prostate United States, and a compassionate person; ‘‘DRIVE SAFER SUNDAY’’ cancer, have high survival rates of 88 percent Whereas Paul Wellstone dedicated his life and 99 percent, respectively; Mr. CHAMBLISS (for himself and Mr. to bringing equal access to education, eco- Whereas the 5-year survival rate for lung ISAKSON) submitted the following reso- nomic opportunity, and comprehensive cancer in the United States is still only 15 lution; which was considered and healthcare to all citizens of the United percent, a rate virtually unchanged since the agreed to: States; enactment of the National Cancer Act of Whereas Paul Wellstone worked tirelessly 1971; and S. RES. 618 to advance mental health parity for all citi- Whereas designating November 2006 as Whereas motor vehicle travel is the pri- zens of the United States; ‘‘National Lung Cancer Awareness Month’’, mary means of transportation in the United Whereas more than 44,000,000 citizens of as proposed by the Lung Cancer Alliance and States; the United States suffer from some form of a the Lung Cancer Alliance of Georgia, will in- Whereas everyone on the roads and high- mental health-related condition; crease public awareness about lung cancer ways needs to drive more safely to reduce Whereas only 1⁄3 of those citizens seek or and the need for lung cancer research and deaths and injuries resulting from motor ve- receive treatment for their mental health-re- early detection: Now, therefore, be it hicle accidents; lated condition; Resolved, That the Senate— Whereas the death of almost 43,000 people a Whereas 34 States have enacted laws that (1) designates November 2006 as ‘‘National year in more than 6 million highway crashes require some form of access to mental health Lung Cancer Awareness Month’’; and

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00100 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.142 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11077 (2) reaffirms the Senate’s commitment to— awareness and prevention of the crime of to the bill H.R. 5384, supra; which was or- (A) advancing lung cancer research and teen dating violence in their communities. dered to lie on the table. early detection, and particularly the Lung f SA 5186. Ms. LANDRIEU submitted an Cancer Alliance of Georgia’s goal of signifi- amendment intended to be proposed by her cantly increasing the 5-year survival rate of AMENDMENTS SUBMITTED AND to the bill H.R. 5384, supra; which was or- individuals diagnosed with lung cancer in PROPOSED dered to lie on the table. the United States to 50 percent within 10 SA 5168. Mr. LUGAR proposed an amend- SA 5187. Mrs. BOXER proposed an amend- years; and ment to the bill S. 3709, to exempt from cer- ment to the bill S. 3709, to exempt from cer- (B) working with all Federal agencies in- tain requirements of the Atomic Energy Act tain requirements of the Atomic Energy Act volved in cancer research to develop a co- of 1954 United States exports of nuclear ma- of 1954 United States exports of nuclear ma- ordinated roadmap for accomplishing that terials, equipment, and technology to India, terials, equipment, and technology to India, goal. and to implement the United States Addi- and to implement the United States Addi- tional Protocol. f tional Protocol. SA 5169. Mr. LUGAR (for Mr. OBAMA) pro- SA 5188. Mr. BINGAMAN (for himself, Mr. SENATE RESOLUTION 621—DESIG- posed an amendment to the bill S. 3709, DOMENICI, Mr. REID, Mr. BAUCUS, Mrs. BOXER, NATING THE WEEK OF FEB- supra. Ms. CANTWELL, Mr. CRAPO, Mrs. FEINSTEIN, RUARY 5 THROUGH FEBRUARY 9, SA 5170. Mr. ENSIGN submitted an amend- Mr. KYL, Mrs. MURRAY, Mr. SALAZAR, and 2007, AS ‘‘NATIONAL TEEN DAT- ment intended to be proposed by him to the Mr. WYDEN) submitted an amendment in- tended to be proposed by him to the bill H.R. ING VIOLENCE AWARENESS AND bill S. 3709, supra; which was ordered to lie on the table. 5384, making appropriations for Agriculture, PREVENTION WEEK’’ SA 5171. Mr. CHAMBLISS submitted an Rural Development, Food and Drug Adminis- Mr. CRAPO (for himself, Mrs. CLIN- amendment intended to be proposed by him tration, and Related Agencies for the fiscal year ending September 30, 2007, and for other TON, Mr. LIEBERMAN, Ms. MURKOWSKI, to the bill H.R. 5384, making appropriations purposes; which was ordered to lie on the and Mr. MENENDEZ) submitted the fol- for Agriculture, Rural Development, Food table. lowing resolution; which was consid- and Drug Administration, and Related Agen- cies for the fiscal year ending September 30, SA 5189. Ms. LANDRIEU submitted an ered and agreed to: 2007, and for other purposes; which was or- amendment intended to be proposed by her S. RES. 621 dered to lie on the table. to the bill H.R. 5384, supra; which was or- Whereas 1 in 3 female teens in a dating re- SA 5172. Mr. INHOFE submitted an amend- dered to lie on the table. lationship have feared for their physical ment intended to be proposed by him to the SA 5190. Mr. VOINOVICH (for himself and safety; bill S. 3709, to exempt from certain require- Mr. DEWINE) submitted an amendment in- Whereas 1 in 2 teens in serious relation- ments of the Atomic Energy Act of 1954 tended to be proposed by him to the bill H.R. ships have compromised their beliefs to United States exports of nuclear materials, 5384, supra; which was ordered to lie on the please their partner; equipment, and technology to India, and to table. Whereas nearly 1 in 5 teens who have been implement the United States Additional SA 5191. Mr. MARTINEZ submitted an in a serious relationship said their boyfriend Protocol; which was ordered to lie on the amendment intended to be proposed by him or girlfriend would threaten to hurt them- table. to the bill H.R. 5384, supra; which was or- selves or their partner if there was a break- SA 5173. Mr. LUGAR (for Mr. HARKIN) pro- dered to lie on the table. up; posed an amendment to the bill S. 3709, SA 5192. Mr. FRIST (for Mrs. FEINSTEIN) Whereas 1 in 5 teens in a serious relation- supra. proposed an amendment to the bill S. 994, to ship report they have been hit, slapped, or SA 5174. Mr. BINGAMAN (for himself and authorize the Attorney General to make pushed by a partner; Mr. KENNEDY) proposed an amendment to the grants to improve the ability of State and Whereas more than 1 in 4 teens have been bill S. 3709, supra. local governments to prevent the abduction in a relationship where their partner ver- SA 5175. Mr. FRIST (for Mr. THOMAS) sub- of children by family members, and for other bally abuses them; mitted an amendment intended to be pro- purposes. Whereas 13 percent of Hispanic teens re- posed by Mr. Frist to the bill H.R. 5384, mak- SA 5193. Mr. FRIST (for Mr. REID) proposed ported that hitting a partner was permis- ing appropriations for Agriculture, Rural De- an amendment to the concurrent resolution sible; velopment, Food and Drug Administration, S. Con. Res. 101, condemning the repression Whereas 29 percent of girls who have been and Related Agencies for the fiscal year end- of the Iranian Baha’i community and calling in a relationship said they have been pres- ing September 30, 2007, and for other pur- for the emancipation of Iranian Baha’is. sured to have sex or engage in sex they did poses; which was ordered to lie on the table. f SA 5176. Mr. SALAZAR submitted an not want; amendment intended to be proposed by him TEXT OF AMENDMENTS Whereas nearly 50 percent of girls worry to the bill H.R. 5384, supra; which was or- that their partner would break up with them SA 5168. Mr. LUGAR proposed an dered to lie on the table. if they did not agree to engage in sex; SA 5177. Mr. SALAZAR submitted an amendment to the bill S. 3709, to ex- Whereas Native American women experi- amendment intended to be proposed by him empt from certain requirements of the ence higher rates of interpersonal violence to the bill H.R. 5384, supra; which was or- Atomic Energy Act of 1954 United than any other population group; dered to lie on the table. States exports of nuclear materials, Whereas violent relationships in adoles- SA 5178. Mr. DORGAN proposed an amend- equipment, and technology to India, cence can have serious ramifications for vic- ment to the bill S. 3709, to exempt from cer- tims who are at higher risk for substance and to implement the United States tain requirements of the Atomic Energy Act Additional Protocol; as follows: abuse, eating disorders, risky sexual behav- of 1954 United States exports of nuclear ma- ior, suicide, and adult revictimization; terials, equipment, and technology to India, Strike all after the enacting clause and in- Whereas the severity of violence among in- and to implement the United States Addi- sert the following: timate partners has been shown to increase tional Protocol. TITLE I—UNITED STATES-INDIA PEACE- if the pattern has been established in adoles- SA 5179. Mr. LUGAR (for Mr. BINGAMAN) FUL ATOMIC ENERGY COOPERATION cence; proposed an amendment to the bill S. 3709, Whereas 81 percent of parents surveyed ei- SECTION 101. SHORT TITLE. supra. This title may be cited as the ‘‘United ther believe dating violence is not an issue INGAMAN SA 5180. Mr. LUGAR (for Mr. B States-India Peaceful Atomic Energy Co- or admit they do not know if it is an issue; (for himself and Mr. DOMENICI)) proposed an operation Act’’. and amendment to the bill S. 3709, supra. Whereas the establishment of the National SA 5181. Mr. ENSIGN proposed an amend- SEC. 102. SENSE OF CONGRESS. Teen Dating Violence Awareness and Preven- ment to the bill S. 3709, supra. It is the sense of Congress that— tion Week will benefit schools, communities, SA 5182. Mr. DORGAN proposed an amend- (1) strong bilateral relations with India are and families regardless of socio-economic ment to the bill S. 3709, supra. in the national interest of the United States; status, race, or sex: Now, therefore be it SA 5183. Mr. FEINGOLD proposed an (2) the United States and India share com- Resolved, That the Senate— amendment to the bill S. 3709, supra. mon democratic values and the potential for (1) designates the week of February 5 SA 5184. Mr. CRAPO submitted an amend- increasing and sustained economic engage- through February 9, 2007, as ‘‘National Teen ment intended to be proposed by him to the ment; Dating Violence Awareness and Prevention bill H.R. 5384, making appropriations for Ag- (3) commerce in civil nuclear energy with Week’’; and riculture, Rural Development, Food and India by the United States and other coun- (2) calls upon the people of the United Drug Administration, and Related Agencies tries has the potential to benefit the people States, high schools, law enforcement, State for the fiscal year ending September 30, 2007, of all countries; and local officials, and interested groups, to and for other purposes; which was ordered to (4) such commerce also represents a sig- observe National Teen Dating Violence lie on the table. nificant change in United States policy re- Awareness and Prevention Week with appro- SA 5185. Ms. LANDRIEU submitted an garding commerce with countries not parties priate programs and activities that promote amendment intended to be proposed by her to the Nuclear Non-Proliferation Treaty,

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00101 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.144 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11078 CONGRESSIONAL RECORD — SENATE November 16, 2006 which remains the foundation of the inter- the appropriate congressional committees SEC. 106. PROHIBITION ON CERTAIN EXPORTS national non-proliferation regime; and makes available to such committees the AND REEXPORTS. (5) any commerce in civil nuclear energy text of the agreement described in paragraph (a) PROHIBITION.— with India by the United States and other (3) of such section, the President may— (1) NUCLEAR REGULATORY COMMISSION.—Ex- countries must be achieved in a manner that (1) subject to subsection (b), exempt a pro- cept as provided in subsection (b), the Nu- minimizes the risk of nuclear proliferation posed agreement for cooperation with India clear Regulatory Commission may not au- or regional arms races and maximizes India’s arranged pursuant to section 123 of the thorize pursuant to part 110 of title 10, Code adherence to international non-proliferation Atomic Energy Act of 1954 (42 U.S.C. 2153) of Federal Regulations, licenses for the ex- regimes, including, in particular, the Guide- from the requirement of subsection a.(2) of port or reexport to India of any equipment, lines of the Nuclear Suppliers Group (NSG); such section; materials, or technology related to the en- and (2) waive the application of section 128 of richment of uranium, the reprocessing of (6) the United States should not seek to fa- the Atomic Energy Act of 1954 (42 U.S.C. spent nuclear fuel, or the production of cilitate or encourage the continuation of nu- 2157) with respect to exports to India; and heavy water. clear exports to India by any other party if (3) waive the application of any sanction (2) SECRETARY OF ENERGY.—Except as pro- such exports are terminated under United with respect to India under— vided in subsection (b), the Secretary of En- States law. (A) section 129 a.(1)(D) of the Atomic En- ergy may not authorize pursuant to part 810 SEC. 103. DECLARATION OF POLICY CONCERNING ergy Act of 1954 (42 U.S.C. 2158(a)(1)(D)); and of title 10, Code of Federal Regulations, li- UNITED STATES-INDIA PEACEFUL (B) section 129 of such Act (42 U.S.C. 2158) censes for the export or reexport to India of ATOMIC ENERGY COOPERATION. regarding any actions that occurred before any equipment, materials, or technology to It shall be the policy of the United States July 18, 2005. be used for the enrichment of uranium, the with respect to any peaceful atomic energy reprocessing of spent nuclear fuel, or the cooperation between the United States and (b) JOINT RESOLUTION OF APPROVAL RE- production of heavy water. India— QUIREMENT.—An agreement for cooperation (b) EXCEPTIONS.—Exports or reexports oth- (1) to achieve as quickly as possible a ces- exempted by the President pursuant to sub- erwise prohibited under subsection (a) may sation of the production by India and Paki- section (a)(1) shall be subject to the second be approved if— stan of fissile materials for nuclear weapons proviso in subsection d. of section 123 of the (1) the end user— and other nuclear explosive devices; Atomic Energy Act of 1954 (42 U.S.C. 2153(d)) (A) is a multinational facility partici- (2) to achieve as quickly as possible the applicable to agreements exempted by the pating in an IAEA-approved program to pro- Government of India’s adherence to, and co- President pursuant to subsection (a) of such vide alternatives to national fuel cycle capa- operation in, the full range of international section. bilities; or non-proliferation regimes and activities, in- (B) is a facility participating in, and the cluding India’s— SEC. 105. DETERMINATION REGARDING UNITED STATES-INDIA PEACEFUL ATOMIC export or reexport is associated with, a bilat- (A) full participation in the Proliferation ENERGY COOPERATION. eral or multinational program to develop a Security Initiative; proliferation-resistant fuel cycle; and (B) formal commitment to the Statement The determination referred to in section (2) the President determines that the ex- of Interdiction Principles; 104 is a written determination by the Presi- port or reexport will not improve India’s (C) public announcement of its decision to dent, which shall be accompanied by a report ability to produce nuclear weapons or fissile conform its export control laws, regulations, to the appropriate congressional commit- material for military uses. and policies with the Australia Group and tees, that— SEC. 107. END-USE MONITORING PROGRAM. with the Guidelines, Procedures, Criteria, (1) India has provided to the IAEA and the (a) IN GENERAL.—The President shall en- and Controls List of the Wassenaar Arrange- United States a credible plan to separate its sure that all appropriate measures are taken ment; and civil nuclear facilities, materials, and pro- to maintain accountability with respect to (D) demonstration of satisfactory progress grams from its military facilities, materials, nuclear materials, equipment, and tech- toward implementing the decision described and programs; nology sold, leased, exported, or reexported in subparagraph (C); (2) India has filed a complete declaration to India and to ensure United States compli- (3) to ensure that India remains in full regarding its civil nuclear facilities and ma- ance with Article I of the Nuclear Non-Pro- compliance with its non-proliferation, arms terials with the IAEA; liferation Treaty. control, and disarmament agreements, obli- (3) an agreement between India and the (b) MEASURES.—The measures taken pursu- gations, and commitments; IAEA requiring the application of safeguards ant to subsection (a) shall include the fol- (4) to ensure that any safeguards agree- in perpetuity in accordance with IAEA lowing: ment or Additional Protocol thereto to standards, principles, and practices to civil (1) Obtaining and implementing assurances which India is a party with the International nuclear facilities, programs, and materials and conditions pursuant to the export licens- Atomic Energy Agency (IAEA) can reliably described in paragraph (2) has entered into ing authorities of the Nuclear Regulatory safeguard any export or reexport to India of force; Commission and the Department of Com- any nuclear materials and equipment; (4) India and the IAEA are making sub- merce and the authorizing authorities of the (5) to meet the requirements set forth in stantial progress toward implementing an Department of Energy, including, as appro- subsections a.(1) and a.(3)–a.(9) of section 123 Additional Protocol; priate, conditions regarding end-use moni- of the Atomic Energy Act of 1954 (42 U.S.C. (5) India is working with the United States toring. 2153); to conclude a multilateral treaty on the ces- (2) A detailed system of reporting and ac- (6) to act in a manner fully consistent with sation of the production of fissile materials counting for technology transfers, including the Guidelines for Nuclear Transfers and the for use in nuclear weapons or other nuclear any retransfers in India, authorized by the Guidelines for Transfers of Nuclear-Related explosive devices; Department of Energy pursuant to section 57 Dual-Use Equipment, Materials, Software (6) India is supporting international efforts b. of the Atomic Energy Act of 1954 (42 U.S.C. and Related Technology developed by the to prevent the spread of enrichment and re- 2077(b)). Such system shall be capable of pro- multilateral Nuclear Suppliers Group and processing technology to any state that does viding assurances that— the rules and practices regarding NSG deci- not already possess full-scale, functioning (A) the identified recipients of the nuclear sion-making; enrichment or reprocessing plants; technology are authorized to receive the nu- (7) given the special sensitivity of equip- (7) India has secured nuclear and other sen- clear technology; ment and technologies related to the enrich- sitive materials and technology through the (B) the nuclear technology identified for ment of uranium, the reprocessing of spent application of comprehensive export control transfer will be used only for peaceful safe- nuclear fuel, and the production of heavy legislation and regulations, including guarded nuclear activities and will not be water, to work with members of the Nuclear through effective enforcement actions, and used for any military or nuclear explosive Suppliers Group, individually and collec- through harmonization of its control lists purpose; and tively, to further restrict the transfers of with, and adherence to, the guidelines of the (C) the nuclear technology identified for such equipment and technologies, including Missile Technology Control Regime and the transfer will not be retransferred without to India; Nuclear Suppliers Group; and the prior consent of the United States, and (8) to maintain the fullest possible inter- (8) the Nuclear Suppliers Group has de- facilities, equipment, or materials derived national support for, adherence to, and com- cided to permit civil nuclear commerce with through the use of transferred technology pliance with the Nuclear Non-Proliferation India pursuant to a decision taken by the will not be transferred without the prior con- Treaty; and Nuclear Suppliers Group that— sent of the United States. (9) that exports of nuclear fuel to India (A) was made by consensus; and (3) In the event the IAEA is unable to im- should not contribute to, or in any way en- (B) does not permit nuclear commerce with plement safeguards as required by an agree- courage, increases in the production by India any non-nuclear weapon state other than ment between the United States and India of fissile material for non-civilian purposes. India that does not have IAEA safeguards on arranged pursuant to section 123 of the SEC. 104. WAIVERS FOR COOPERATION WITH all nuclear materials and all peaceful nu- Atomic Energy Act of 1954 (42 U.S.C. 2153), INDIA. clear activities within the territory of such arrangements that conform with IAEA safe- (a) WAIVER AUTHORITY.—If the President state, under its jurisdiction, or carried out guards standards, principles, and practices submits a determination under section 105 to under its control anywhere. that provide assurances equivalent to that

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00102 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.147 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11079 intended to be secured by the system they Secretary of Energy for exports and reex- (C) public announcement of its decision to replace, including— ports to India under parts 110 and 810 of title conform its export control laws, regulations, (A) review in a timely fashion of the design 10, Code of Federal Regulations; and policies with the Australia Group and of any equipment transferred pursuant to (B) any licenses approved by the Depart- with the Guidelines, Procedures, Criteria, the agreement for cooperation, or of any fa- ment of Commerce for the export or reexport and Controls List of the Wassenaar Arrange- cility that is to use, fabricate, process, or to India of commodities, related technology, ment; and store any material so transferred or any spe- and software which are controlled for nu- (D) demonstration of satisfactory progress cial nuclear material used in or produced clear non-proliferation reasons on the Nu- toward implementing the decision described through the use of such material and equip- clear Referral List of the Commerce Control in subparagraph (C). ment; List maintained under part 774 of title 15, (c) SUBMITTAL WITH OTHER ANNUAL RE- (B) maintenance and disclosure of records Code of Federal Regulations; PORTS.— and of relevant reports for the purpose of as- (C) any other United States authorizations (1) REPORT ON PROLIFERATION PREVEN- sisting in ensuring accountability for mate- for the export or reexport to India of nuclear TION.—Each annual report submitted under rial transferred pursuant to the agreement materials and equipment; and subsection (b) after the initial report may be and any source or special nuclear material (D) with respect to each such license or submitted together with the annual report used in or produced through the use of any other form of authorization described in sub- on proliferation prevention required under material and equipment so transferred; and paragraphs (A), (B), and (C)— section 601(a) of the Nuclear Non-Prolifera- (C) access to places and data necessary to (i) the number or other identifying infor- tion Act of 1978 (22 U.S.C. 3281(a)). account for the material referred to in sub- mation of each license or authorization; (2) REPORT ON PROGRESS TOWARD REGIONAL paragraph (B) and to inspect any equipment (ii) the name or names of the authorized NON-PROLIFERATION.—The information re- or facility referred to in subparagraph (A). end user or end users; quired to be submitted under subsection (c) IMPLEMENTATION.—The measures de- (iii) the name of the site, facility, or loca- (b)(5) after the initial report may be sub- scribed in subsection (b) shall be imple- tion in India to which the export or reexport mitted together with the annual report on mented to provide reasonable assurances was made; progress toward regional non-proliferation that the recipient is complying with the rel- (iv) the terms and conditions included on required under section 620F(c) of the Foreign evant requirements, terms, and conditions of such licenses and authorizations; Assistance Act of 1961 (22 U.S.C. 2376(c)). any licenses issued by the United States re- (d) FORM.—Each report submitted under garding such exports, including those relat- (v) any post-shipment verification proce- dures that will be applied to such exports or this section shall be submitted in unclassi- ing to the use, retransfer, safe handling, se- fied form but may contain a classified annex. cure transit, and storage of such exports. reexports; and (vi) the term of validity of each such li- SEC. 109. UNITED STATES COMPLIANCE WITH ITS SEC. 108. IMPLEMENTATION AND COMPLIANCE. cense or authorization; NUCLEAR NON-PROLIFERATION (a) INFORMATION ON NUCLEAR ACTIVITIES OF TREATY OBLIGATIONS. (3) any significant nuclear commerce be- INDIA.—The President shall keep the appro- This title shall not be deemed to con- tween India and other countries, including priate congressional committees fully and stitute authority for any action in violation any such trade that— currently informed of the facts and implica- of any obligation of the United States under (A) does not comply with applicable guide- tions of any significant nuclear activities of the Nuclear Non-Proliferation Treaty. India, including— lines or decisions of the Nuclear Suppliers Group; or SEC. 110. INOPERABILITY OF DETERMINATION (1) any material non-compliance on the AND WAIVERS. (B) would not meet the standards applied part of the Government of India with— A determination under section 105 and any to exports or reexports of such material, (A) the non-proliferation commitments un- waiver under section 104 shall cease to be ef- equipment, or technology of United States dertaken in the Joint Statement of July 18, fective if the President determines that origin; 2005, between the President of the United India has detonated a nuclear explosive de- (4) either— States and the Prime Minister of India; vice after the date of the enactment of this (A) a certification that India is in full com- (B) the separation plan presented in the Act. national parliament of India on March 7, pliance with the commitments and obliga- tions contained in the agreements and other SEC. 111. MTCR ADHERENT STATUS. 2006, and in greater detail on May 11, 2006; Congress finds that India is not an MTCR (C) a safeguards agreement between the documents referenced in subparagraphs (A) through (F) of subsection (a)(1); or adherent for the purposes of Section 73 of the Government of India and the IAEA; Arms Export Control Act (22 U.S.C. 2797b). (D) an Additional Protocol between the (B) if the President cannot make such cer- SEC. 112. TECHNICAL AMENDMENT. Government of India and the IAEA; tification, an identification and assessment Section 1112(c)(4) of the Arms Control and (E) a peaceful nuclear cooperation agree- of all compliance issues arising with regard Nonproliferation Act of 1999 (title XI of the ment between the Government of India and to the adherence by India to its commit- Admiral James W. Nance and Meg Donovan the United States Government pursuant to ments and obligations, including— Foreign Relations Act, Fiscal Years 2000 and section 123 of the Atomic Energy Act of 1954 (i) the steps the United States Government 2001 (as enacted into law by section 1000(a)(7) (42 U.S.C. 2153) or any subsequent arrange- has taken to remedy or otherwise respond to of Public Law 106–113 and contained in ap- ment under section 131 of such Act (42 U.S.C. such compliance issues; pendix G of that Act; 113 Stat. 1501A–486)) is 2160); (ii) the responses of the Government of amended— (F) the terms and conditions of any ap- India to such steps; and (1) in subparagraph (B), by striking ‘‘and’’ proved licenses; and (iii) an assessment of the implications of after the semicolon at the end; (G) United States laws and regulations re- any continued noncompliance, including (2) by redesignating subparagraph (C) as garding the export or reexport of nuclear whether nuclear commerce with India, if not subparagraph (D); and material or dual-use material, equipment, or already terminated under section 129 of the (3) by inserting after subparagraph (B) the technology; Atomic Energy Act of 1954 (42 U.S.C. 2158), following new subparagraph: (2) the construction of a nuclear facility in remains in the national security interest of ‘‘(C) so much of the reports required under India after the date of the enactment of this the United States; section 108 of the United States-India Peace- Act; (5) a detailed description of— ful Atomic Energy Cooperation Act as re- (3) significant changes in the production by (A) United States efforts to promote na- lates to verification or compliance matters; India of nuclear weapons or in the types or tional or regional progress by India and and’’. amounts of fissile material produced; and Pakistan in disclosing, securing, capping, (4) changes in the purpose or operational and reducing their fissile material stock- SEC. 113. DEFINITIONS. status of any unsafeguarded nuclear fuel piles, pending creation of a world-wide fissile In this title: cycle activities in India. material cut-off regime, including the insti- (1) The term ‘‘Additional Protocol’’ means (b) IMPLEMENTATION AND COMPLIANCE RE- tution of a Fissile Material Cut-off Treaty; a protocol additional to a safeguards agree- PORT.—Not later than 180 days after the date (B) the reactions of India and Pakistan to ment with the IAEA, as negotiated between on which an agreement between the Govern- such efforts; and a country and the IAEA based on a Model ment of India and the United States Govern- (C) assistance that the United States is Additional Protocol as set forth in IAEA in- ment pursuant to section 123 of the Atomic providing, or would be able to provide, to formation circular (INFCIRC) 540. Energy Act of 1954 (42 U.S.C. 2153) enters into India and Pakistan to promote the objectives (2) The term ‘‘appropriate congressional force, and annually thereafter, the President in subparagraph (A), consistent with its obli- committees’’ means the Committee on For- shall submit to the appropriate congres- gations under international law and existing eign Relations of the Senate and the Com- sional committees a report including— agreements; and mittee on International Relations of the (1) a description of any additional nuclear (6) a detailed description of efforts and House of Representatives. facilities and nuclear materials that the progress made toward the achievement of In- (3) The term ‘‘atomic energy’’ has the Government of India has placed or intends to dia’s— meaning given the term in section 11 c. of place under IAEA safeguards; (A) full participation in the Proliferation the Atomic Energy Act of 1954 (42 U.S.C. (2) a comprehensive listing of— Security Initiative; 2014(c)). (A) all licenses that have been approved by (B) formal commitment to the Statement (4) The term ‘‘dual-use material, equip- the Nuclear Regulatory Commission and the of Interdiction Principles; ment, or technology’’ means those items

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00103 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.147 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11080 CONGRESSIONAL RECORD — SENATE November 16, 2006 controlled by the Department of Commerce ing safeguards agreements, and universal ac- (6) IAEA.—The term ‘‘IAEA’’ means the pursuant to section 309(c) of the Nuclear ceptance of Additional Protocols by non-nu- International Atomic Energy Agency. Nonproliferation Act of 1978. clear weapons states is essential to enhanc- (7) JUDGE OF THE UNITED STATES.—The term (5) The term ‘‘IAEA safeguards’’ has the ing the effectiveness of the Nuclear Non-Pro- ‘‘judge of the United States’’ means a United meaning given the term in section 830(3) of liferation Treaty. States district judge, or a United States the Nuclear Proliferation Prevention Act of (6) On June 12, 1998, the United States, as magistrate judge appointed under the au- 1994 (22 U.S.C. 6305(3)). a nuclear-weapon State Party, signed an Ad- thority of chapter 43 of title 28, United (6) The term ‘‘nuclear materials and equip- ditional Protocol that is based on the Model States Code. ment’’ has the meaning given the term in Additional Protocol, but which also contains (8) LOCATION.—The term ‘‘location’’ means section 4(5) of the Nuclear Nonproliferation measures, consistent with its existing safe- any geographic point or area declared or Act of 1978 (22 U.S.C. 3203(3)). guards agreements with its members, that identified by the United States or specified (7) The term ‘‘Nuclear Non-Proliferation protect the right of the United States to ex- by the International Atomic Energy Agency. Treaty’’ means the Treaty on the Non-Pro- clude the application of IAEA safeguards to (9) NUCLEAR NON-PROLIFERATION TREATY.— liferation of Nuclear Weapons, done at Wash- locations and activities with direct national The term ‘‘Nuclear Non-Proliferation Trea- ington, London, and Moscow July 1, 1968, and security significance or to locations or infor- ty’’ means the Treaty on the Non-Prolifera- entered into force March 5, 1970 (21 UST 483). mation associated with such activities. tion of Nuclear Weapons, done at Wash- (8) The terms ‘‘nuclear weapon’’ and ‘‘nu- (7) Implementation of the Additional Pro- ington, London, and Moscow July 1, 1968, and clear explosive device’’ have the meaning tocol in the United States in a manner con- entered into force March 5, 1970 (21 UST 483). given the term ‘‘nuclear explosive device’’ in sistent with United States obligations under (10) NUCLEAR-WEAPON STATE PARTY AND section 830(4) of the Nuclear Proliferation the Nuclear Non-Proliferation Treaty may NON-NUCLEAR-WEAPON STATE PARTY.—The Prevention Act of 1994 (22 U.S.C. 6305(4)). encourage other parties to the Nuclear Non- terms ‘‘nuclear-weapon State Party’’ and (9) The terms ‘‘reprocessing’’ and ‘‘reproc- Proliferation Treaty, especially non-nuclear- ‘‘non-nuclear-weapon State Party’’ have the ess’’ refer to the separation of nuclear mate- weapon State Parties, to conclude Addi- meanings given such terms in the Nuclear rials from fission products in spent nuclear tional Protocols and thereby strengthen the Non-Proliferation Treaty. fuel. Nuclear Non-Proliferation Treaty safeguards (11) PERSON.—The term ‘‘person’’, except as (10) The term ‘‘source material’’ has the system and help reduce the threat of nuclear otherwise provided, means any individual, meaning given the term in section 11 z. of proliferation, which is of direct and substan- corporation, partnership, firm, association, the Atomic Energy Act of 1954 (42 U.S.C. tial benefit to the United States. trust, estate, public or private institution, 2014(z)). (8) Implementation of the Additional Pro- any State or any political subdivision there- (11) The term ‘‘special nuclear material’’ tocol by the United States is not required of, or any political entity within a State, has the meaning given the term in section 11 and is completely voluntary given its status any foreign government or nation or any aa. of the Atomic Energy Act of 1954 (42 as a nuclear-weapon State Party, but the agency, instrumentality or political subdivi- U.S.C. 2014(aa)). United States has acceded to the Additional sion of any such government or nation, or (12) The term ‘‘unsafeguarded nuclear fuel- Protocol to demonstrate its commitment to other entity located in the United States. cycle activity’’ means research on, or devel- the nuclear non-proliferation regime and to (12) SITE.—The term ‘‘site’’ has the mean- opment, design, manufacture, construction, make United States civil nuclear activities ing set forth in Article 18b. of the Additional operation, or maintenance of— available to the same IAEA inspections as Protocol. (A) any existing or future reactor, critical are applied in the case of non-nuclear-weap- (13) UNITED STATES.—The term ‘‘United facility, conversion plant, fabrication plant, on State Parties. States’’, when used as a geographic ref- reprocessing plant, plant for the separation (9) In accordance with the national secu- erence, means the several States of the of isotopes of source or special fissionable rity exclusion contained in Article 1.b of its United States, the District of Columbia, and material, or separate storage installation Additional Protocol, the United States will the commonwealths, territories, and posses- with respect to which there is no obligation not allow any inspection activities, nor sions of the United States and includes all to accept IAEA safeguards at the relevant make any declaration of any information places under the jurisdiction or control of reactor, facility, plant, or installation that with respect to, locations, information, and the United States, including— contains source or special fissionable mate- activities of direct national security signifi- (A) the territorial sea and the overlying rial; or cance to the United States. airspace; (B) any existing or future heavy water pro- (10) Implementation of the Additional Pro- (B) any civil aircraft of the United States duction plant with respect to which there is tocol will conform to the principles set forth or public aircraft, as such terms are defined no obligation to accept IAEA safeguards on in the letter of April 30, 2002, from the United in paragraphs (17) and (41), respectively, of any nuclear material produced by or used in States Permanent Representative to the section 40102(a) of title 49, United States connection with any heavy water produced International Atomic Energy Agency and Code; and therefrom. the Vienna Office of the United Nations to (C) any vessel of the United States, as such TITLE II—UNITED STATES ADDITIONAL the Director General of the International term is defined in section 3(b) of the Mari- PROTOCOL IMPLEMENTATION Atomic Energy Agency. time Drug Law Enforcement Act (46 U.S.C. SEC. 201. SHORT TITLE. SEC. 203. DEFINITIONS. App. 1903(b)). This title may be cited as the ‘‘United In this title: (14) WIDE-AREA ENVIRONMENTAL SAM- States Additional Protocol Implementation (1) ADDITIONAL PROTOCOL.—The term ‘‘Ad- PLING.—The term ‘‘wide-area environmental Act’’. ditional Protocol’’, when used in the singular sampling’’ has the meaning set forth in Arti- SEC. 202. FINDINGS. form, means the Protocol Additional to the cle 18g. of the Additional Protocol. Congress makes the following findings— Agreement between the United States of SEC. 204. SEVERABILITY. (1) The proliferation of nuclear weapons America and the International Atomic En- If any provision of this title, or the appli- and other nuclear explosive devices poses a ergy Agency for the Application of Safe- cation of such provision to any person or cir- grave threat to the national security of the guards in the United States of America, with cumstance, is held invalid, the remainder of United States and its vital national inter- Annexes, signed at Vienna June 12, 1998 (T. this title, or the application of such provi- ests. Doc. 107–7). sion to persons or circumstances other than (2) The Nuclear Non-Proliferation Treaty (2) APPROPRIATE CONGRESSIONAL COMMIT- those as to which it is held invalid, shall not has proven critical to limiting such pro- TEES.—The term ‘‘appropriate congressional be affected thereby. liferation. committees’’ means the Committee on Subtitle A—General Provisions (3) For the Nuclear Non-Proliferation Trea- Armed Services, the Committee on Foreign SEC. 211. AUTHORITY. ty to be effective, each of the non-nuclear- Relations, and the Committee on Appropria- (a) IN GENERAL.—The President is author- weapon State Parties must conclude a com- tions of the Senate and the Committee on ized to implement and carry out the provi- prehensive safeguards agreement with the Armed Services, the Committee on Inter- sions of this title and the Additional Pro- IAEA, and such agreements must be honored national Relations, and the Committee on tocol and shall designate through Executive and enforced. Appropriations of the House of Representa- order which executive agency or agencies of (4) Recent events emphasize the urgency of tives. the United States, which may include but strengthening the effectiveness and improv- (3) COMPLEMENTARY ACCESS.—The term are not limited to the Department of State, ing the efficiency of the safeguards system. ‘‘complementary access’’ means the exercise the Department of Defense, the Department This can best be accomplished by providing of the IAEA’s access rights as set forth in of Justice, the Department of Commerce, the IAEA inspectors with more information Articles 4 to 6 of the Additional Protocol. Department of Energy, and the Nuclear Reg- about, and broader access to, nuclear activi- (4) EXECUTIVE AGENCY.—The term ‘‘execu- ulatory Commission, shall issue or amend ties within the territory of non-nuclear- tive agency’’ has the meaning given such and enforce regulations in order to imple- weapon State Parties. term in section 105 of title 5, United States ment this title and the provisions of the Ad- (5) The proposed scope of such expanded in- Code. ditional Protocol. formation and access has been negotiated by (5) FACILITY.—The term ‘‘facility’’ has the (b) INCLUDED AUTHORITY.—For any execu- the member states of the IAEA in the form meaning set forth in Article 18i. of the Addi- tive agency designated under subsection (a) of a Model Additional Protocol to its exist- tional Protocol. that does not currently possess the authority

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to conduct site vulnerability assessments ing entry in connection with complementary (2) CONTENT OF AFFIDAVITS FOR ADMINISTRA- and related activities, the authority pro- access. TIVE SEARCH WARRANTS.—A judge of the vided in subsection (a) includes such author- (d) SCOPE.— United States shall promptly issue an ad- ity. (1) IN GENERAL.—Except as provided in a ministrative search warrant authorizing the (c) EXCEPTION.—The authority described in warrant issued under section 223, and subject requested complementary access upon an af- subsection (b) does not supersede or other- to the United States Government’s rights fidavit submitted by the United States Gov- wise modify any existing authority of any under the Additional Protocol to limit com- ernment— Federal department or agency already hav- plementary access, complementary access to (A) stating that the Additional Protocol is ing such authority. a location pursuant to this title may extend in force; Subtitle B—Complementary Access to all activities specifically permitted for (B) stating that the designated facility, such locations under Article 6 of the Addi- site, or other location is subject to com- SEC. 221. REQUIREMENT FOR AUTHORITY TO CONDUCT COMPLEMENTARY AC- tional Protocol. plementary access under the Additional Pro- CESS. (2) EXCEPTION.—Unless required by the Ad- tocol; (a) PROHIBITION.—No complementary ac- ditional Protocol, no inspection under this (C) stating that the purpose of the com- cess to any location in the United States title shall extend to— plementary access is consistent with Article shall take place pursuant to the Additional (A) financial data (other than production 4 of the Additional Protocol; Protocol without the authorization of the data); (D) stating that the requested complemen- United States Government in accordance (B) sales and marketing data (other than tary access is in accordance with Article 4 of with the requirements of this title. shipment data); the Additional Protocol; (b) AUTHORITY.— (C) pricing data; (E) containing assurances that the scope of (1) IN GENERAL.—Complementary access to (D) personnel data; the IAEA’s complementary access, as well as any location in the United States subject to (E) patent data; what it may collect, shall be limited to the access under the Additional Protocol is au- (F) data maintained for compliance with access provided for in Article 6 of the Addi- thorized in accordance with this title. environmental or occupational health and tional Protocol; (2) UNITED STATES REPRESENTATIVES.— safety regulations; or (F) listing the items, documents, and areas (A) RESTRICTIONS.—In the event of com- (G) research data. to be searched and seized; plementary access to a privately owned or (e) ENVIRONMENT, HEALTH, SAFETY, AND SE- (G) stating the earliest commencement operated location, no employee of the Envi- CURITY.—In carrying out their activities, and the anticipated duration of the com- ronmental Protection Agency or of the Mine members of the IAEA complementary access plementary access period, as well as the ex- Safety and Health Administration or the Oc- team and representatives or designees of the pected times of day during which such com- cupational Safety and Health Administra- United States Government shall observe ap- plementary access will take place; and tion of the Department of Labor may partici- plicable environmental, health, safety, and (H) stating that the location to which pate in the access. security regulations established at the loca- entry in connection with complementary ac- (B) NUMBER.—The number of designated tion subject to complementary access, in- cess is sought was selected either— United States representatives accompanying cluding those for protection of controlled en- (i) because there is probable cause, on the IAEA inspectors shall be kept to the min- vironments within a facility and for personal basis of specific evidence, to believe that in- imum necessary. safety. formation required to be reported regarding SEC. 222. PROCEDURES FOR COMPLEMENTARY SEC. 223. CONSENTS, WARRANTS, AND COM- a location pursuant to regulations promul- ACCESS. PLEMENTARY ACCESS. gated under this title is incorrect or incom- (a) IN GENERAL.—Each instance of com- (a) IN GENERAL.— plete, and that the location to be accessed plementary access to a location in the (1) PROCEDURE.— contains evidence regarding that violation; United States under the Additional Protocol (A) CONSENT.—Except as provided in para- or shall be conducted in accordance with this graph (2), an appropriate official of the (ii) pursuant to a reasonable general ad- subtitle. United States Government shall seek or have ministrative plan based upon specific neutral (b) NOTICE.— the consent of the owner, operator, occu- criteria. (1) IN GENERAL.—Complementary access re- pant, or agent in charge of a location prior (3) CONTENT OF WARRANTS.—A warrant ferred to in subsection (a) may occur only to entering that location in connection with issued under paragraph (2) shall specify the upon the issuance of an actual written notice complementary access pursuant to sections same matters required of an affidavit under by the United States Government to the 221 and 222. The owner, operator, occupant, that paragraph. In addition, each warrant owner, operator, occupant, or agent in or agent in charge of the location may with- shall contain the identities of the represent- charge of the location to be subject to com- hold consent for any reason or no reason. atives of the IAEA on the complementary ac- plementary access. (B) ADMINISTRATIVE SEARCH WARRANT.—In cess team and the identities of the represent- (2) TIME OF NOTIFICATION.—The notice the absence of consent, the United States atives or designees of the United States Gov- under paragraph (1) shall be submitted to Government may seek an administrative ernment required to display identifying cre- such owner, operator, occupant, or agent as search warrant from a judge of the United dentials under section 222(c). soon as possible after the United States Gov- States under subsection (b). Proceedings re- SEC. 224. PROHIBITED ACTS RELATING TO COM- ernment has received notification that the garding the issuance of an administrative PLEMENTARY ACCESS. IAEA seeks complementary access. Notices search warrant shall be conducted ex parte, It shall be unlawful for any person will- may be posted prominently at the location if unless otherwise requested by the United fully to fail or refuse to permit, or to dis- the United States Government is unable to States Government. rupt, delay, or otherwise impede, a com- provide actual written notice to such owner, (2) EXPEDITED ACCESS.—For purposes of ob- plementary access authorized by this sub- operator, occupant, or agent. taining access to a location pursuant to Ar- title or an entry in connection with such ac- (3) CONTENT OF NOTICE.— ticle 4b.(ii) of the Additional Protocol in cess. (A) IN GENERAL.—The notice required by order to satisfy United States obligations Subtitle C—Confidentiality of Information under the Additional Protocol when notice of paragraph (1) shall specify— SEC. 231. PROTECTION OF CONFIDENTIALITY OF (i) the purpose for the complementary ac- two hours or less is required, the United INFORMATION. cess; States Government may gain entry to such Information reported to, or otherwise ac- (ii) the basis for the selection of the facil- location in connection with complementary quired by, the United States Government ity, site, or other location for the com- access, to the extent such access is con- under this title or under the Additional Pro- plementary access sought; sistent with the Fourth Amendment to the tocol shall be exempt from disclosure under (iii) the activities that will be carried out United States Constitution, without obtain- sections 552 of title 5, United States Code. during the complementary access; ing either a warrant or consent. (iv) the time and date that the complemen- (b) ADMINISTRATIVE SEARCH WARRANTS FOR Subtitle D—Enforcement tary access is expected to begin, and the an- COMPLEMENTARY ACCESS.— SEC. 241. RECORDKEEPING VIOLATIONS. ticipated period covered by the complemen- (1) OBTAINING ADMINISTRATIVE SEARCH WAR- It shall be unlawful for any person will- tary access; and RANTS.—For complementary access con- fully to fail or refuse— (v) the names and titles of the inspectors. ducted in the United States pursuant to the (1) to establish or maintain any record re- (4) SEPARATE NOTICES REQUIRED.—A sepa- Additional Protocol, and for which the ac- quired by any regulation prescribed under rate notice shall be provided each time that quisition of a warrant is required, the United this title; complementary access is sought by the States Government shall first obtain an ad- (2) to submit any report, notice, or other IAEA. ministrative search warrant from a judge of information to the United States Govern- (c) CREDENTIALS.—The complementary ac- the United States. The United States Gov- ment in accordance with any regulation pre- cess team of the IAEA and representatives or ernment shall provide to such judge all ap- scribed under this title; or designees of the United States Government propriate information regarding the basis for (3) to permit access to or copying of any shall display appropriate identifying creden- the selection of the facility, site, or other lo- record by the United States Government in tials to the owner, operator, occupant, or cation to which complementary access is accordance with any regulation prescribed agent in charge of the location before gain- sought. under this title.

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00105 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.147 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11082 CONGRESSIONAL RECORD — SENATE November 16, 2006 SEC. 242. PENALTIES. (ii) a court in an action brought under ported to the appropriate congressional com- (a) CIVIL.— paragraph (4) has entered a final judgment in mittees with respect to that proposed use of (1) PENALTY AMOUNTS.—Any person that is favor of the designated executive agency, environmental sampling that— determined, in accordance with paragraph the head of the designated executive agency (1) the proposed use of wide-area environ- (2), to have violated section 224 or section 241 shall commence a civil action to seek com- mental sampling is necessary to increase the shall be required by order to pay a civil pen- pliance with the final order in any appro- capability of the IAEA to detect undeclared alty in an amount not to exceed $25,000 for priate district court of the United States. nuclear activities in the territory of a non- each violation. For the purposes of this para- (B) NO REVIEW.—In any such civil action, nuclear-weapon State Party; graph, each day during which a violation of the validity and appropriateness of the final (2) the proposed use of wide-area environ- section 224 continues shall constitute a sepa- order shall not be subject to review. mental sampling will not result in access by rate violation of that section. (C) INTEREST.—Payment of penalties as- the IAEA to locations, activities, or informa- (2) NOTICE AND HEARING.— sessed in a final order under this section tion of direct national security significance; (A) IN GENERAL.—Before imposing a pen- shall include interest at currently prevailing and alty against a person under paragraph (1), rates calculated from the date of expiration (3) the United States— the head of an executive agency designated of the 60-day period referred to in paragraph (A) has been provided sufficient oppor- under section 211(a) shall provide the person (3) or the date of such final order, as the case tunity for consultation with the IAEA if the with notice of the order. If, within 15 days may be. IAEA has requested complementary access after receiving the notice, the person re- (b) CRIMINAL.—Any person who violates involving wide-area environmental sampling; quests a hearing, the head of the designated section 224 or section 241 may, in addition to or executive agency shall initiate a hearing on or in lieu of any civil penalty which may be (B) has requested under Article 8 of the Ad- the violation. imposed under subsection (a) for such viola- ditional Protocol that the IAEA engage in (B) CONDUCT OF HEARING.—Any hearing so tion, be fined under title 18, United States complementary access in the United States requested shall be conducted before an ad- Code, imprisoned for not more than five that involves the use of wide-area environ- ministrative judge. The hearing shall be con- years, or both. mental sampling. ducted in accordance with the requirements SEC. 243. SPECIFIC ENFORCEMENT. SEC. 253. APPLICATION OF NATIONAL SECURITY of section 554 of title 5, United States Code. (a) JURISDICTION.—The district courts of EXCLUSION TO LOCATION-SPECIFIC If no hearing is so requested, the order im- the United States shall have jurisdiction ENVIRONMENTAL SAMPLING. posed by the head of the designated agency over civil actions brought by the head of an In accordance with Article 1(b) of the Addi- shall constitute a final agency action. executive agency designated under section tional Protocol, the United States shall not permit any location-specific environmental (C) ISSUANCE OF ORDERS.—If the adminis- 211(a)— trative judge determines, upon the prepon- (1) to restrain any conduct in violation of sampling in the United States under Article derance of the evidence received, that a per- section 224 or section 241; or 5 of the Additional Protocol unless the Presi- son named in the complaint has violated sec- (2) to compel the taking of any action re- dent has determined and reported to the ap- tion 224 or section 241, the administrative quired by or under this title or the Addi- propriate congressional committees with re- judge shall state his findings of fact and con- tional Protocol. spect to that proposed use of environmental clusions of law, and issue and serve on such (b) CIVIL ACTIONS.— sampling that— person an order described in paragraph (1). (1) IN GENERAL.—A civil action described in (1) the proposed use of location-specific en- vironmental sampling is necessary to in- (D) FACTORS FOR DETERMINATION OF PEN- subsection (a) may be brought— crease the capability of the IAEA to detect ALTY AMOUNTS.—In determining the amount (A) in the case of a civil action described in of any civil penalty, the administrative paragraph (1) of such subsection, in the undeclared nuclear activities in a non-nu- judge or the head of the designated agency United States district court for the judicial clear weapons state; shall take into account the nature, cir- district in which any act, omission, or trans- (2) the proposed use of location-specific en- cumstances, extent, and gravity of the viola- action constituting a violation of section 224 vironmental sampling will not result in ac- tion or violations and, with respect to the vi- or section 241 occurred or in which the de- cess by the IAEA to locations, activities, or olator, the ability to pay, effect on ability to fendant is found or transacts business; or information of direct national security sig- continue to do business, any history of such (B) in the case of a civil action described in nificance; and violations, the degree of culpability, the ex- paragraph (2) of such subsection, in the (3) with respect to the proposed use of envi- istence of an internal compliance program, United States district court for the judicial ronmental sampling, the United States— and such other matters as justice may re- district in which the defendant is found or (A) has been provided sufficient oppor- quire. transacts business. tunity for consultation with the IAEA if the IAEA has requested complementary access (E) CONTENT OF NOTICE.—For the purposes (2) SERVICE OF PROCESS.—In any such civil of this paragraph, notice shall be in writing action, process shall be served on a defend- involving location-specific environmental and shall be verifiably served upon the per- ant wherever the defendant may reside or sampling; or son or persons subject to an order described may be found. (B) has requested under Article 8 of the Ad- ditional Protocol that the IAEA engage in in paragraph (1). In addition, the notice Subtitle E—Environmental Sampling complementary access in the United States shall— SEC. 251. NOTIFICATION TO CONGRESS OF IAEA (i) set forth the time, date, and specific na- that involves the use of location-specific en- BOARD APPROVAL OF WIDE-AREA vironmental sampling. ture of the alleged violation or violations; ENVIRONMENTAL SAMPLING. SEC. 254. RULE OF CONSTRUCTION. and (a) IN GENERAL.—Not later than 30 days (ii) specify the administrative and judicial after the date on which the Board of Gov- As used in this subtitle, the term ‘‘nec- remedies available to the person or persons ernors of the IAEA approves wide-area envi- essary to increase the capability of the IAEA subject to the order, including the avail- ronmental sampling for use as a safeguards to detect undeclared nuclear activities in the ability of a hearing and subsequent appeal. verification tool, the President shall notify territory of a non-nuclear-weapon State (3) ADMINISTRATIVE APPELLATE REVIEW.— the appropriate congressional committees. Party’’ shall not be construed to encompass The decision and order of an administrative (b) CONTENT.—The notification under sub- proposed uses of environmental sampling judge shall be the recommended decision and section (a) shall contain— that might assist the IAEA in detecting order and shall be referred to the head of the (1) a description of the specific methods undeclared nuclear activities in the territory designated executive agency for final deci- and sampling techniques approved by the of a non-nuclear-weapon State Party by— sion and order. If, within 60 days, the head of Board of Governors that are to be employed (1) setting a good example of cooperation the designated executive agency does not for purposes of wide-area sampling; in the conduct of such sampling; or modify or vacate the decision and order, it (2) a statement as to whether or not such (2) facilitating the formation of a political shall become a final agency action under this sampling may be conducted in the United consensus or political support for such sam- subsection. States under the Additional Protocol; and pling in the territory of a non-nuclear-weap- (4) JUDICIAL REVIEW.—A person adversely (3) an assessment of the ability of the ap- on State Party. affected by a final order may, within 30 days proved methods and sampling techniques to Subtitle F—Protection of National Security after the date the final order is issued, file a detect, identify, and determine the conduct, Information and Activities petition in the Court of Appeals for the Dis- type, and nature of nuclear activities. SEC. 261. PROTECTION OF CERTAIN INFORMA- trict of Columbia Circuit or in the Court of SEC. 252. APPLICATION OF NATIONAL SECURITY TION. Appeals for the district in which the viola- EXCLUSION TO WIDE-AREA ENVI- (a) LOCATIONS AND FACILITIES OF DIRECT tion occurred. RONMENTAL SAMPLING. NATIONAL SECURITY SIGNIFICANCE.—No cur- (5) ENFORCEMENT OF FINAL ORDERS.— In accordance with Article 1(b) of the Addi- rent or former Department of Defense or De- (A) IN GENERAL.—If a person fails to com- tional Protocol, the United States shall not partment of Energy location, site, or facility ply with a final order issued against such permit any wide-area environmental sam- of direct national security significance shall person under this subsection and— pling proposed by the IAEA to be conducted be declared or be subject to IAEA inspection (i) the person has not filed a petition for at a specified location in the United States under the Additional Protocol. judicial review of the order in accordance under Article 9 of the Additional Protocol (b) INFORMATION OF DIRECT NATIONAL SECU- with paragraph (4), or unless the President has determined and re- RITY SIGNIFICANCE.—No information of direct

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00106 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.147 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11083 national security significance regarding any dent shall submit to the appropriate congres- conducted by personnel of the IAEA in the location, site, or facility associated with ac- sional committees a report on— United States pursuant to the Additional tivities of the Department of Defense or the (1) measures that have been or should be Protocol shall by carried out using equip- Department of Energy shall be provided taken to achieve the adoption of additional ment, materials, and resources that are pur- under the Additional Protocol. protocols to existing safeguards agreements chased, owned, inspected, and controlled by (c) RESTRICTED DATA.—Nothing in this signed by non-nuclear-weapon State Parties; the United States. title shall be construed to permit the com- and (e) VULNERABILITY AND RELATED ASSESS- munication or disclosure to the IAEA or (2) assistance provided by the United MENTS.—The President shall conduct vulner- IAEA employees of restricted data con- States to the IAEA in order to promote the ability, counterintelligence, and related as- trolled by the provisions of the Atomic En- effective implementation of additional pro- sessments not less than every 5 years to en- ergy Act of 1954 (42 U.S.C. 2011 et seq.), in- tocols to existing safeguards agreements sure that information of direct national se- cluding in particular ‘‘Restricted Data’’ as signed by non-nuclear-weapon State Parties curity significance remains protected at all defined under paragraph (1) of section 11 y. of and the verification of the compliance of sites, locations, facilities, and activities in such Act (42 U.S.C. 2014(y)). such parties with IAEA obligations. the United States that are subject to IAEA (d) CLASSIFIED INFORMATION.—Nothing in inspection under the Additional Protocol. this Act shall be construed to permit the SEC. 275. NOTICE OF IAEA NOTIFICATIONS. communication or disclosure to the IAEA or The President shall notify Congress of any notifications issued by the IAEA to the SA 5171. Mr. CHAMBLISS submitted IAEA employees of national security infor- an amendment intended to be proposed mation and other classified information. United States under Article 10 of the Addi- by him to the bill H.R. 5384, making ap- SEC. 262. IAEA INSPECTIONS AND VISITS. tional Protocol. (a) CERTAIN INDIVIDUALS PROHIBITED FROM Subtitle H—Authorization of Appropriations propriations for Agriculture, Rural De- OBTAINING ACCESS.—No national of a country SEC. 281. AUTHORIZATION OF APPROPRIATIONS. velopment, Food and Drug Administra- designated by the Secretary of State under There are authorized to be appropriated tion, and Related Agencies for the fis- section 620A of the Foreign Assistance Act of such sums as may be necessary to carry out cal year ending September 30, 2007, and 1961 (22 U.S.C. 2371) as a government sup- this title. for other purposes; which was ordered porting acts of international terrorism shall to lie on the table; as follows: be permitted access to the United States to SA 5169. Mr. LUGAR (for Mr. OBAMA) carry out an inspection activity under the On page 168, strike lines 7 and 8 and insert proposed an amendment to the bill S. the following: Additional Protocol or a related safeguards 3709, to exempt from certain require- agreement. the purchase of land and moving of utili- (b) PRESENCE OF UNITED STATES GOVERN- ments of the Atomic Energy Act of 1954 ties; MENT PERSONNEL.—IAEA inspectors shall be United States exports of nuclear mate- (6) the city of Waycross, Georgia, a rural accompanied at all times by United States rials, equipment, and technology to area for purposes of eligibility for rural de- Government personnel when inspecting sites, India, and to implement the United velopment programs of the Department of locations, facilities, or activities in the States Additional Protocol; as follows: Agriculture; and United States under the Additional Protocol. (7) the cities of Alamo, Mercedes, Weslaco, At the appropriate place in title I, insert (c) VULNERABILITY AND RELATED ASSESS- and the following new section: MENTS.—The President shall conduct vulner- ability, counterintelligence, and related as- SEC. ll. UNITED STATES POLICY REGARDING SA 5172. Mr. INHOFE submitted an sessments not less than every 5 years to en- THE PROVISION OF NUCLEAR amendment intended to be proposed by POWER REACTOR FUEL RESERVE TO sure that information of direct national se- INDIA. him to the bill S. 3709, to exempt from curity significance remains protected at all It is the policy of the United States that certain requirements of the Atomic En- sites, locations, facilities, and activities in any nuclear power reactor fuel reserve pro- ergy Act of 1954 United States exports the United States that are subject to IAEA vided to the Government of India for use in of nuclear materials, equipment, and inspection under the Additional Protocol. safeguarded civilian nuclear facilities should technology to India, and to implement Subtitle G—Reports be commensurate with reasonable reactor the United States Additional Protocol; SEC. 271. REPORT ON INITIAL UNITED STATES operating requirements. which was ordered to lie on the table; DECLARATION. Not later than 60 days before submitting SA 5170. Mr. ENSIGN submitted an as follows: the initial United States declaration to the amendment intended to be proposed by In title II, strike the paragraph defining IAEA under the Additional Protocol, the him to the bill S. 3709, to exempt from ‘‘appropriate congressional committees’’ and insert the following: President shall submit to Congress a list of certain requirements of the Atomic En- the sites, locations, facilities, and activities (2) APPROPRIATE CONGRESSIONAL COMMIT- in the United States that the President in- ergy Act of 1954 United States exports TEES.—The term ‘‘appropriate congressional tends to declare to the IAEA. of nuclear materials, equipment, and committees’’ means the Committee on SEC. 272. REPORT ON REVISIONS TO INITIAL technology to India, and to implement Armed Services, the Committee on Foreign UNITED STATES DECLARATION. the United States Additional Protocol; Relations, the Committee on Appropriations, Not later than 60 days before submitting to which was ordered to lie on the table; and the Committee on Environment and the IAEA any revisions to the United States as follows: Public Works of the Senate and the Com- declaration submitted under the Additional mittee on Armed Services, the Committee on Strike section 262 and insert the following: Protocol, the President shall submit to Con- International Relations, and the Committee gress a list of any sites, locations, facilities, SEC. 262. IAEA INSPECTIONS AND VISITS. on Appropriations of the House of Represent- or activities in the United States that the (a) CERTAIN INDIVIDUALS PROHIBITED FROM atives. President intends to add to or remove from OBTAINING ACCESS.—No national of a country the declaration. designated by the Secretary of State under SA 5173. Mr. LUGAR (for Mr. HARKIN) SEC. 273. CERTIFICATION REGARDING VULNER- section 620A of the Foreign Assistance Act of proposed an amendment to the bill S. ABILITY AND RELATED ASSESS- 1961 (22 U.S.C. 2371) as a government sup- 3709, to exempt from certain require- MENTS. porting acts of international terrorism shall Concurrently with the submission to Con- be permitted access to the United States to ments of the Atomic Energy Act of 1954 gress of the initial declaration list under sec- carry out an inspection activity under the United States exports of nuclear mate- tion 271 and each list update under section Additional Protocol or a related safeguards rials, equipment, and technology to 272, the President shall submit to Congress a agreement. India, and to implement the United report certifying that— (b) CERTAIN INDIVIDUALS PROHIBITED FROM States Additional Protocol; as follows: (1) each site, location, facility, and activ- ENTERING THE UNITED STATES.—The head of On page 8, beginning on line 8, strike ity included in the list has been examined by any agency or department of the United ‘‘Group; and’’ and all that follows through each agency with national security equities States may deny entry into the United ‘‘Nuclear’’ on line 9 and insert the following: with respect to such site, location, facility, States of an IAEA inspector seeking such ‘‘Group; or activity; and entry to carry out official business of the (8) India is fully and actively participating (2) appropriate measures have been taken IAEA if the head of such agency or depart- in United States and international efforts to to ensure that information of direct national ment suspects the IAEA inspector of having dissuade, sanction, and contain Iran for its security significance will not be com- links to foreign intelligence services. nuclear program consistent with United Na- promised at any such site, location, facility, (c) PRESENCE OF UNITED STATES GOVERN- tions Security Council resolutions; and or activity in connection with an IAEA in- MENT PERSONNEL.—IAEA inspectors shall be (9) the Nuclear spection. accompanied at all times by United States Government personnel when inspecting sites, SEC. 274. REPORT ON EFFORTS TO PROMOTE THE SA 5174. Mr. BINGAMAN (for himself IMPLEMENTATION OF ADDITIONAL locations, facilities, or activities in the PROTOCOLS. United States under the Additional Protocol. and Mr. KENNEDY) proposed an amend- Not later than 180 days after the entry into (d) USE OF UNITED STATES EQUIPMENT, MA- ment by him to the bill S. 3709, to ex- force of the Additional Protocol, the Presi- TERIALS, AND RESOURCES.—Any inspections empt from certain requirements of the

VerDate Aug 31 2005 07:03 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00107 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.147 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11084 CONGRESSIONAL RECORD — SENATE November 16, 2006 Atomic Energy Act of 1954 United (A) have received approval under the Na- (C) the rate of production in India of— States exports of nuclear materials, tional Environmental Policy Act of 1969 (42 (i) fissile material for nuclear explosive de- equipment, and technology to India, U.S.C. 4321 et seq.); and vices; and and to implement the United States (B) have not been implemented; (ii) nuclear explosive devices; (6) identifies the number of hazardous fuel (7) an analysis as to whether imported ura- Additional Protocol; which was ordered reduction and forest health projects and nium has affected the rate of production in to lie on the table; as follows: acres in Forest Service Region 2 that are India of nuclear explosive devices; and On page 6, after line 21, add the following: being analyzed under the National Environ- (8) a detailed description (c) OPERATION OF WAIVERS.—Notwith- mental Policy Act of 1969 (42 U.S.C. 4321 et standing any waiver under subsection (a)— seq.); and SA 5180. Mr. LUGAR (for Mr. BINGA- (1) no nuclear equipment or sensitive nu- (7) describes— MAN (for himself and Mr. DOMENICI)) clear technology may be exported to India (A) the goals and expectations identified in proposed an amendment to the bill S. unless the President has determined, and has the vegetation management program for 3709, to exempt from certain require- submitted to the appropriate congressional Forest Service Region 2; ments of the Atomic Energy Act of 1954 committees a report stating, that both India (B) any progress towards the goals de- and the United States are taking specific scribed under subparagraph (A); and United States exports of nuclear mate- steps to conclude a multilateral treaty on (C) the funding levels necessary to meet rials, equipment, and technology to the cessation of the production of fissile ma- the goals described under subparagraph (A). India, and to implement the United terials for use in nuclear weapons or other States Additional Protocol; as follows: nuclear explosive devices; and SA 5177. Mr. SALAZAR submitted an At the end of title I, add the following: (2) no nuclear materials may be exported amendment intended to be proposed by SEC. 114. UNITED STATES-INDIA SCIENTIFIC CO- to India unless the President has deter- him to the bill H.R. 5384, making ap- OPERATIVE THREAT REDUCTION mined, and has submitted to the appropriate propriations for Agriculture, Rural De- PROGRAM. congressional committees a report stating, velopment, Food and Drug Administra- (a) ESTABLISHMENT.—The Secretary of En- that India has stopped producing fissile ma- tion, and Related Agencies for the fis- ergy, acting through the Administrator of terials for weapons pursuant to a unilateral the National Nuclear Security Administra- moratorium or multilateral agreement. cal year ending September 30, 2007, and for other purposes; which was ordered tion, shall establish a cooperative threat re- duction program to pursue jointly with sci- SA 5175. Mr. FRIST (for Mr. THOMAS) to lie on the table; as follows: entists from the United States and India a submitted an amendment intended to At the end of title VII, add the following: program to further common nonproliferation be proposed by Mr. FRIST to the bill SEC. 7ll. For an additional amount for goals, including scientific research and de- H.R. 5384, making appropriations for ‘‘WILDLAND FIRE MANAGEMENT’’ under the velopment efforts related to nuclear non- heading ‘‘DEPARTMENT OF AGRI- Agriculture, Rural Development, Food proliferation, with an emphasis on nuclear CULTURE’’ of title III of the Department of safeguards (in this section referred to as the and Drug Administration, and Related the Interior, Environment, and Related Agencies for the fiscal year ending Sep- ‘‘program’’). Agencies Appropriations Act, 2006 (Public (b) CONSULTATION.—The program shall be tember 30, 2007, and for other purposes; Law 109–54; 119 Stat. 533), there is appro- carried out in consultation with the Sec- which was ordered to lie on the table; priated, out of any money in the Treasury retary of State and the Secretary of Defense. as follows: not otherwise appropriated, $30,000,000 for (c) NATIONAL ACADEMIES RECOMMENDA- fiscal year 2007 for the conduct of hazardous On page 100, line 20, before the colon insert TIONS.— fuel reduction and forest health projects of the following: ‘‘; and of which not less than (1) IN GENERAL.—The Secretary of Energy the Secretary of Agriculture, acting through $500,000 shall be used by the Secretary of Ag- shall enter into an agreement with the Na- the Chief of the Forest Service: Provided, riculture, acting through the Wyoming De- tional Academies to develop recommenda- That the amount provided under this section partment of Agriculture, to compensate live- tions for the implementation of the program. is designated as an emergency requirement stock producers in the State of Wyoming for (2) RECOMMENDATIONS.—The agreement en- pursuant to section 402 of S. Con. Res. 83 losses due to wolves’’. tered into under paragraph (1) shall provide (109th Congress), the concurrent resolution for the preparation by qualified individuals on the budget for fiscal year 2007, as made Mr. SALAZAR submitted an with relevant expertise and knowledge and SA 5176. applicable in the Senate by section 7035 of the communication to the Secretary of En- amendment intended to be proposed by Public Law 109–234. him to the bill H.R. 5384, making ap- ergy each fiscal year of— propriations for Agriculture, Rural De- SA 5178. Mr. DORGAN proposed an (A) recommendations for research and re- amendment to the bill S. 3709, to ex- lated programs designed to overcome exist- velopment, Food and Drug Administra- ing technological barriers to nuclear non- tion, and Related Agencies for the fis- empt from certain requirements of the proliferation; and cal year ending September 30, 2007, and Atomic Energy Act of 1954 United (B) an assessment of whether activities and for other purposes; which was ordered States exports of nuclear materials, programs funded under this section are to lie on the table; as follows: equipment, and technology to India, achieving the goals of the activities and pro- At the end of title VII, add the following: and to implement the United States grams. SEC. 7lll. The Secretary of Agriculture Additional Protocol; as follows: (3) PUBLIC AVAILABILITY.—The rec- (referred to in this section as the ‘‘Sec- On page 5, beginning on line 15, strike ommendations and assessments prepared retary’’) shall prepare a report for submis- ‘‘Treaty; and’’ and all that follows through under this subsection shall be made publicly sion by the President to Congress, along ‘‘that exports’’ on line 16 and insert the fol- available. with the fiscal year 2008 budget request lowing: ‘‘Treaty; (d) CONSISTENCY WITH NUCLEAR NON-PRO- under section 1105 of title 31, United States (9) to continue to support implementation LIFERATION TREATY.—All United States ac- Code, that— of United Nations Security Council Resolu- tivities related to the program shall be con- (1) identifies measures to address bark bee- tion 1172 (1998); and sistent with United States obligations under tle infestation and the impacts of bark bee- (10) that exports the Nuclear Non-Proliferation Treaty. tle infestation as the first priority for assist- (e) AUTHORIZATION OF APPROPRIATIONS.— ance under the Healthy Forests Restoration SA 5179. Mr. LUGAR (for Mr. BINGA- There are authorized to be appropriated such Act of 2003 (16 U.S.C. 6501 et seq.); MAN) proposed an amendment to the sums as may be necessary to carry out this (2) describes activities that will be con- bill S. 3709, to exempt from certain re- section for each of fiscal years 2007 through 2011. ducted by the Secretary to address bark bee- quirements of the Atomic Energy Act tle infestations and the impacts of bark bee- of 1954 United States exports of nuclear tle infestations; SA 5181. Mr. ENSIGN proposed an (3) describes the financial and technical re- materials, equipment, and technology amendment to the bill S. 3709, to ex- sources that will be dedicated by the Sec- to India, and to implement the United empt from certain requirements of the retary to measures to address bark beetle in- States Additional Protocol; as follows: Atomic Energy Act of 1954 United festations and the impacts of the infesta- On page 18, beginning on line 7, strike ‘‘ex- States exports of nuclear materials, tions; isting’’ and all that follows through ‘‘de- equipment, and technology to India, (4) describes the manner in which the Sec- scription’’ on line 9 and insert the following: and to implement the United States retary will coordinate with the Secretary of ‘‘existing agreements; the Interior and State and local governments (6) an estimate of— Additional Protocol; as follows: in conducting the activities under paragraph (A) the amount of uranium mined in India Strike section 262 and insert the following: (2); during the previous year; SEC. 262. IAEA INSPECTIONS AND VISITS. (5) identifies the number of hazardous fuel (B) the amount of such uranium that has (a) CERTAIN INDIVIDUALS PROHIBITED FROM reduction and forest health projects and likely been used or allocated for the produc- OBTAINING ACCESS.—No national of a country acres in Forest Service Region 2 that— tion of nuclear explosive devices; and designated by the Secretary of State under

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00108 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.146 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11085 section 620A of the Foreign Assistance Act of and to implement the United States for other purposes; which was ordered 1961 (22 U.S.C. 2371) as a government sup- Additional Protocol; as follows: to lie on the table; as follows: porting acts of international terrorism shall On page 8, beginning on line 17, strike At the appropriate place, insert the fol- be permitted access to the United States to ‘‘Group; and’’ and all that follows through lowing: carry out an inspection activity under the ‘‘(8) the Nuclear’’ on line 18 and insert the Additional Protocol or a related safeguards SEC. lll. CALCULATION OF AMOUNT OF CER- following: ‘‘Group; TAIN BENEFITS. agreement. (8) the scope and content of United States (a) IN GENERAL.—Chapter 9 of title II of the (b) PRESENCE OF UNITED STATES GOVERN- nuclear cooperation with India in the pro- Emergency Supplemental Appropriations MENT PERSONNEL.—IAEA inspectors shall be posed nuclear cooperation agreement pursu- Act for Defense, the Global War on Terror, accompanied at all times by United States ant to section 123 a. of the Atomic Energy and Hurricane Recovery, 2006 (Public Law Government personnel when inspecting sites, Act of 1954 (42 U.S.C. 2153(a)) does nothing to 109-234; 120 Stat. 471) is amended under the locations, facilities, or activities in the directly or indirectly assist, encourage, or heading ‘‘COMMUNITY DEVELOPMENT FUND (IN- United States under the Additional Protocol. induce India to manufacture or otherwise ac- CLUDING TRANSFER OF FUNDS)’’ under the (c) USE OF UNITED STATES EQUIPMENT, MA- quire nuclear weapons or other nuclear ex- heading ‘‘COMMUNITY PLANNING AND DEVEL- TERIALS, AND RESOURCES.—Any inspections plosive devices, or control over such weapons OPMENT’’ under the heading ‘‘DEPARTMENT conducted by personnel of the IAEA in the or explosive devices, specifically that— OF HOUSING AND URBAN DEVELOP- United States pursuant to the Additional (A) India cannot use United States-origin MENT’’, by inserting after ‘‘Army Corps of Protocol shall by carried out using equip- equipment, technology, or nuclear material Engineers:’’ the following: ‘‘Provided further, ment, materials, and resources that are pur- in an unsafeguarded facility or nuclear weap- That notwithstanding the previous proviso chased, owned, inspected, and controlled by ons-related complex; and or any other provision of law, in providing the United States. (B) India cannot replicate and subse- assistance in the State of Louisiana, the Ad- (d) VULNERABILITY AND RELATED ASSESS- quently use United States-origin technology ministrator of the Small Business Adminis- MENTS.—The President shall conduct vulner- in an unsafeguarded nuclear facility or tration may (in determining whether activi- ability, counterintelligence, and related as- unsafeguarded nuclear-related complex, or ties are reimbursable under, or whether sessments not less than every 5 years to en- for any activity related to the research, de- funds have been made available under, the sure that information of direct national se- velopment, testing, or manufacture of nu- Robert T. Stafford Disaster Relief and Emer- curity significance remains protected at all clear explosive devices; gency Assistance Act (42 U.S.C. 5121 et seq.) sites, locations, facilities, and activities in (9) India has provided sufficient assurances using amounts made available under this the United States that are subject to IAEA that the provision by the United States of heading) use as the amount of a loan under inspection under the Additional Protocol. nuclear fuel will not facilitate the increased section 7(b) of the Small Business Act (15 production by India of fissile material in U.S.C. 636(b)) the amount attributable to the SA 5182. Mr. DORGAN proposed an unsafeguarded nuclear facilities; and difference between the rate of interest on amendment to the bill S. 3709, to ex- (10) the Nuclear such loan and the market rate at which such empt from certain requirements of the borrower could have borrowed such funds, Atomic Energy Act of 1954 United SA 5184. Mr. CRAPO submitted an over the period of such loan:’’. States exports of nuclear materials, amendment intended to be proposed by (b) EFFECTIVE DATE AND APPLICABILITY.— equipment, and technology to India, him to the bill H.R. 5384, making ap- (1) EFFECTIVE DATE.—The amendments and to implement the United States made by this section shall take effect as propriations for Agriculture, Rural De- though enacted as part of the Emergency Additional Protocol; as follows: velopment, Food and Drug Administra- Supplemental Appropriations Act for De- On page 8, beginning on line 8, strike tion, and Related Agencies for the fis- fense, the Global War on Terror, and Hurri- ‘‘Group; and’’ and all that follows through cal year ending September 30, 2007, and cane Recovery, 2006 (Public Law 109-234; 120 ‘‘the Nuclear’’ on line 9 and insert the fol- for other purposes, which was ordered Stat. 418). lowing: ‘‘Group; to lie on the table; as follows: (2) APPLICABILITY.—The amendments made (8) India has committed to— by this section shall apply to any application On page 117, strike lines 9 through 12 and (A) the development of a credible separa- for assistance under section 7(b) of the Small insert the following: tion plan between civilian and military fa- Business Act (15 U.S.C. 636(b)) that is sub- cilities by ensuring all reactors that supply described in section 306E of such Act; of mitted not later than 1 year after the date of electricity to the civilian sector are declared which the Secretary may use not less than enactment of this Act. and are subject to permanent IAEA stand- $5,000,000 nor more than $50,000,000 to provide ards and practices; grants to States, not to exceed $1,000,000 per SA 5186. Ms. LANDRIEU submitted grant, to assist communities of less than (B) a binding obligation to the same extent an amendment intended to be proposed as nuclear-weapon State Parties under the 2,500 individuals, or entities that serve those Nuclear Non-Proliferation Treaty— communities, in complying with environ- by her to the bill H.R. 5384, making ap- (i) not to transfer to any recipient whatso- mental regulations affecting the commu- propriations for Agriculture, Rural De- ever nuclear weapons or nuclear explosive nities based on assistance approval criteria velopment, Food and Drug Administra- devices or control over such devices directly developed by the State and approved by the tion, and Related Agencies for the fis- or indirectly; and Secretary: Provided, That each State assist- cal year ending September 30, 2007, and (ii) not in any way to assist, encourage, or ance approval criteria and any application for other purposes; which was ordered induce any non-nuclear-weapon State Party for assistance funded under the criteria shall to lie on the table; as follows: to manufacture or otherwise acquire nuclear be approved by a council of citizens of the On page 93, line 11, after ‘‘Service:’’ insert weapons or other nuclear explosive devices State that represent the regions of the ‘‘ , That not less than $600,000 or acquire control over such weapons or ex- State: Provided further, That the assistance Provided further of the amount made available under this plosive devices; and may be used in conjunction with any other heading shall be used to provide funding for (C) consistent with the Nuclear Non-Pro- assistance provided by any Federal agency the soil and water research unit located at liferation Treaty— and shall be treated as funds of the commu- Louisiana State University:’’. (i) pursuing negotiations in good faith on nity and not of the Federal Government: Pro- effective measures relating to cessation of vided further, That no matching requirement the nuclear arms race at an early date and to may be imposed on a community as a condi- SA 5187. Mrs. BOXER proposed an nuclear disarmament, including ending tion of receiving the assistance: Provided fur- amendment to the bill S. 3709, to ex- fissile material production for nuclear weap- ther, That funds not needed by a State in ac- empt from certain requirements of the ons; cordance with the grant application of the Atomic Energy Act of 1954 United (ii) joining a legally-binding nuclear test State may be repooled by the Secretary; and States exports of nuclear materials, of which $88,234,000 shall be for the rural moratorium; equipment, and technology to India, (iii) verifiably reducing its nuclear weap- business and cooperative development pro- ons stockpile; and grams described in sections 381E(d)(3) and and to implement the United States (iv) eventually eliminating all nuclear 310B(f) of such Act: Provided further, That of Additional Protocol; as follows: weapons; and the total amount On page 8, beginning on line 8, strike (9) the Nuclear ‘‘Group; and’’ and all that follows through SA 5185. Ms. LANDRIEU submitted ‘‘Nuclear’’ on line 9 and insert the following: SA 5183. Mr. FEINGOLD proposed an an amendment intended to be proposed ‘‘Group; amendment to the bill S. 3709, to ex- by her to the bill H.R. 5384, making ap- (8) India has agreed to suspend military-to- military cooperation with Iran, including empt from certain requirements of the propriations for Agriculture, Rural De- training exercises, until such time as the Atomic Energy Act of 1954 United velopment, Food and Drug Administra- Government of Iran no longer supports acts States exports of nuclear materials, tion, and Related Agencies for the fis- of international terrorism, as determined by equipment, and technology to India, cal year ending September 30, 2007, and the Secretary of State under section 620A of

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00109 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.158 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11086 CONGRESSIONAL RECORD — SENATE November 16, 2006 the Foreign Assistance Act of 1961 (22 U.S.C. on December 31, 1999, to incorporate price to the bill H.R. 5384, making appropria- 2371) and section 6(j) of the Export Adminis- thresholds applicable to royalty suspension tions for Agriculture, Rural Develop- tration Act of 1979 (50 U.S.C. App. 2405(j)); provisions in the amount of $34.73 per barrel ment, Food and Drug Administration, and (2005 dollars) for oil and for natural gas of and Related Agencies for the fiscal (9) the Nuclear $4.34 per million Btu (2005 dollars). ‘‘(2) ADJUSTMENT.—The oil and natural gas year ending September 30, 2007, and for SA 5188. Mr. BINGAMAN (for him- price thresholds established under paragraph other purposes; which was ordered to self, Mr. DOMENICI, Mr. REID, Mr. BAU- (1) shall be adjusted during any calendar lie on the table; as follows: CUS, Mrs. BOXER, Ms. CANTWELL, Mr. year after 2005 by the percentage, if any, by On page 100, line 20, strike ‘‘influenza:’’ and CRAPO, Mrs. FEINSTEIN, Mr, KYL, Mrs. which the implicit price deflator for the insert ‘‘influenza; and of which not less than gross domestic product as computed and pub- $1,500,000 shall be divided equally among MURRAY, Mr. SALAZAR, and Mr. WYDEN) lished by the Department of Commerce each State that borders a Great Lake for use submitted an amendment intended to changed during the preceding calendar year. in enhancing facilities of the State to test be proposed by him to the bill H.R. ‘‘(3) NEW ROYALTY SUSPENSION VOLUMES.— for the presence of viral hemorrhagic septi- 5384, making appropriations for Agri- After the date of enactment of this sub- cemia in fish caught or farmed in the culture, Rural Development, Food and section, price thresholds shall apply to any State:’’. Drug Administration, and Related royalty suspension volumes granted by the Agencies for the fiscal year ending Sep- Secretary. SA 5191. Mr. MARTINEZ submitted tember 30, 2007, and for other purposes; ‘‘(4) EFFECTIVE DATE.—Any amended lease an amendment intended to be proposed which was ordered to lie on the table; shall impose the new price thresholds effec- by him to the bill H.R. 5384, making ap- tive beginning October 1, 2006. as follows: propriations for Agriculture, Rural De- ‘‘(r) CONSERVATION OF RESOURCES FEES.— velopment, Food and Drug Administra- On page 175, between lines 9 and 10, insert ‘‘(1) IN GENERAL.—Not later than 1 year the following: after the date of enactment of this sub- tion, and Related Agencies for the fis- SEC. 758. For an additional amount for section, the Secretary shall establish, by cal year ending September 30, 2007, and ‘‘WILDLAND FIRE MANAGEMENT’’ under the regulation, a conservation of resources fee for other purposes; which was ordered heading ‘‘DEPARTMENT OF THE INTE- for producing leases that will apply to new to lie on the table; as follows: RIOR’’ of title I of the Department of the In- and existing leases which shall be estab- Strike section 755. terior, Environment, and Related Agencies lished at $9 per barrel for oil and $1.25 per Appropriations Act, 2006 (Public Law 109–54), million Btu for gas (2006 dollars). SA 5192. Mr. FRIST (for Mrs. FEIN- there is appropriated, out of any money in ‘‘(2) COVERED AREAS.—The fee shall only STEIN) proposed an amendment to the the Treasury not otherwise appropriated, apply to leases issued with deep water roy- bill S. 994, to authorize the Attorney $60,000,000 for the conduct of emergency wild- alty relief for which royalties are not being General to make grants to improve the fire suppression activities of the Secretary of paid when prices exceed $34.73 per barrel for the Interior: Provided, That the amount pro- oil and $4.34 per million Btu for natural gas ability of State and local governments vided under this section is designated as an (2005 dollars). to prevent the abduction of children by emergency requirement pursuant to section ‘‘(3) EFFECTIVE DATE.—A fee imposed under family members, and for other pur- 402 of S. Con. Res. 83 (109th Congress), the this subsection shall apply to production poses; as follows: concurrent resolution on the budget for fis- that occurs on or after October 1, 2006.’’. On page 1, line 5, strike ‘‘Act of 2005’’ and cal year 2007, as made applicable in the Sen- SEC. 902. COASTAL IMPACT ASSISTANCE PRO- insert ‘‘Act of 2006’’. ate by section 7035 of Public Law 109–234. GRAM. On page 6, line 1, strike ‘‘fiscal year 2006’’ SEC. 759. For an additional amount for Section 31(b) of the Outer Continental and all that follows through line 2 and insert ‘‘WILDLAND FIRE MANAGEMENT’’ under the Shelf Lands Act (43 U.S.C. 1356a(b)) is amend- the following: ‘‘fiscal year 2008, and such heading ‘‘DEPARTMENT OF AGRI- ed— sums as may be necessary for each of fiscal CULTURE’’ of title III of the Department of (1) in paragraph (1)— years 2009 and 2010.’’. the Interior, Environment, and Related (A) by striking ‘‘The’’ and inserting the Agencies Appropriations Act, 2006 (Public following: SA 5193. Mr. FRIST (for Mr. REID) Law 109–54), there is appropriated, out of any ‘‘(A) FISCAL YEARS 2007 THROUGH 2010.—The’’; money in the Treasury not otherwise appro- and proposed an amendment to the concur- priated, $300,000,000 for the conduct of emer- (B) by adding at the end the following: rent resolution S. Con. Res. 101, con- gency wildfire suppression activities of the ‘‘(B) CERTAIN ROYALTY REVENUES.—Not- demning the repression of the Iranian Secretary of Agriculture, acting through the withstanding section 9, of the amount of any Baha’i community and calling for the Chief of the Forest Service: Provided, That royalty revenues payable to the United emancipation of Iranian Baha’is; as fol- the amount provided under this section is States from any lease issued with deep water lows: designated as an emergency requirement royalty relief as the result of a Central or On page 3, lines 3 and 4, strike ‘‘Universal pursuant to section 402 of S. Con. Res. 83 Western Gulf of Mexico lease sale held dur- Declaration of Human Rights’’ and insert (109th Congress), the concurrent resolution ing the period beginning on January 1, 1998, ‘‘International Covenant on Civil and Polit- on the budget for fiscal year 2007, as made and ending on December 31, 1999, the Sec- ical Rights’’. applicable in the Senate by section 7035 of retary of the Treasury shall deposit— Public Law 109–234. ‘‘(i) the amount of the royalty revenues in f a special account in the Treasury, to be AUTHORlTY FOR COMMITTEES TO SA 5189. Ms. LANDRIEU submitted available to the Secretary of the Interior, MEET an amendment intended to be proposed without further appropriation, for each of by her to the bill H.R. 5384, making ap- fiscal years 2007 through 2016, for disburse- COMMITTEE ON COMMERCE, SCIENCE AND propriations for Agriculture, Rural De- ment to Gulf producing States and coastal TRANSPORTATION velopment, Food and Drug Administra- political subdivisions in accordance with Mr. LUGAR. Mr. President, I ask tion, and Related Agencies for the fis- this section, except that the amount made unanimous consent that the Com- available under this clause shall not exceed cal year ending September 30, 2007, and mittee on Commerce, Science, and a total of $2,500,000,000; and Transportation be authorized to hold a for other purposes; which was ordered ‘‘(ii) any remainder of the royalty revenues to lie on the table; as follows: in the general fund of the Treasury, to be Full Committee hearing on the Reau- At the end of the bill, add the following: used for deficit reduction.’’; and thorization of the Pipeline Safety Pro- gram on Thursday, November 16, 2006 TITLE IX—OUTER CONTINENTAL SHELF (2) in paragraph (3)(B)— ROYALTY REFORM AND ENHANCEMENT (A) in clause (i), by striking ‘‘and’’ after at 10 a.m. in room 253 of the Russell the semicolon at the end; Senate Office Building. SEC. 901. LEASES, EASEMENTS, AND RIGHTS-OF- (B) in clause (ii), by striking the period at WAY ON THE OUTER CONTINENTAL The PRESIDING OFFICER. Without SHELF. the end and inserting ‘‘; and’’; and objection, it is so ordered. (C) by adding at the end the following: Section 8 of the Outer Continental Shelf COMMITTEE ON ENERGY AND NATURAL ‘‘(iii) the amount of qualified outer Conti- Lands Act (43 U.S.C. 1337) is amended by add- RESOURCES ing at the end the following: nental Shelf revenues for each of fiscal years 2011 through 2016 shall be determined using Mr. LUGAR. Mr. President, I ask ‘‘(q) ROYALTY SUSPENSION PROVISIONS.— qualified outer Continental Shelf revenues unanimous consent that the Com- ‘‘(1) IN GENERAL.—Subject to paragraphs (2) mittee on Energy and Natural Re- through (4), the Secretary shall agree to a received for fiscal year 2010.’’. request by any lessee to amend any lease sources be authorized to meet during issued as a result of a Central or Western SA 5190. Mr. VOINOVICH (for himself the session of the Senate on Thursday, Gulf of Mexico lease sale held during the pe- and Mr. DEWINE) submitted an amend- November 16, 2006 at 10 a.m. The pur- riod beginning on January 1, 1998, and ending ment intended to be proposed by him pose of this hearing is to consider the

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00110 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.150 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11087 nomination of Kevin M. Kolevar, of vision, U.S. Department of Justice, Squassoni, a specialist with the Con- Michigan, to be an Assistant Secretary Washington, DC. gressional Research Service, be granted of Energy (Electricity Delivery and En- Panel II: Mr. Michael A. Carvin, privileges of the floor during the dura- ergy). Partner, Jones Day, Washington, DC; tion of the Senate’s consideration of S. The PRESIDING OFFICER. Without Mr. Ted Shaw, Director-Counsel and 3709. objection, it is so ordered. President, NAACP Legal Defense and The PRESIDING OFFICER. Without COMMITTEE ON ENVIRONMENT AND PUBLIC Educational Fund, Inc. (LDF), New objection, it is so ordered. WORKS York, NY; Mr. Robert N. Driscoll, Part- Mr. BINGAMAN. Mr. President, I ask Mr. LUGAR. Mr. President, I ask ner, Alston & Bird, LLP Washington, unanimous consent that William John- unanimous consent that on Thursday, DC; Mr. Joseph Rich, Director of Fair son and Lona Stoll, who are fellows in November 16, 2006 following the first Housing and Community Development, Senator KENNEDY’s office, be granted vote Committee on Environment and Lawyer’s Committee for Civil Rights floor privileges during the consider- Public Works be authorized to hold a Under Law Washington, DC. ation of S. 3709. Business Meeting to consider the fol- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without lowing agenda: objection, it is so ordered. objection, it is so ordered. Alex Beehler to be Inspector General PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Mr. LUGAR. I ask unanimous con- of the Environmental Protection Agen- Mr. LUGAR. Mr. President, I ask sent that Henry Abeyta, a fellow with cy. unanimous consent that the Perma- the Committee on Energy and Natural The PRESIDING OFFICER. Without nent Subcommittee on Investigations Resources, be granted the privileges of objection, it is so ordered. of the Committee on Homeland Secu- the floor for the duration of the debate COMMITTEE ON FINANCE rity and Governmental Affairs be au- on S. 3709, the United States-India Mr. LUGAR. Mr. President, I ask thorized to meet on Thursday, Novem- Peaceful Atomic Energy bill. unanimous consent that the Com- ber 16, 2006, at 10 a.m., for a hearing en- The PRESIDING OFFICER. Without mittee on Finance be authorized to titled ‘‘The Defense Travel System: objection, it is so ordered. meet during the session on Thursday, Boon or Boondoggle (Part 2).’’ Mr. DORGAN. First, I ask unanimous November 16, 2006, at 2 p.m., in 215 The PRESIDING OFFICER. Without consent on behalf of Senator FEINGOLD Dirksen Senate Office Building, to hear objection, it is so ordered. that a fellow in his office by the name testimony on ‘‘The CHIP Program SELECT COMMITTEE ON INTELLIGENCE of David Bonine be granted floor privi- From the States’ Perspective.’’ Mr. LUGAR. Mr. President, I ask leges for the duration of the debate on The PRESIDING OFFICER. Without unanimous consent that the Select S. 3709, the India-United States nuclear objection, it is so ordered. Committee on Intelligence be author- legislation, and any vote thereon. COMMITTEE ON HEALTH, EDUCATION, LABOR, ized to meet during the session of the The PRESIDING OFFICER (Mr. AND PENSIONS Senate on November 16, 2006 at 10:30 COLEMAN). Without objection, it is so Mr. LUGAR. Mr. President, I ask a.m., to hold a closed briefing. ordered. unanimous consent that the Com- The PRESIDING OFFICER. Without f mittee on Health, Education, Labor, objection, it is so ordered. and Pensions be authorized to hold a MILITARY CONSTRUCTION AND hearing during the session of the Sen- SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS VETERANS AFFAIRS, AND RE- ate on Thursday, November 16, 2006 at Mr. LUGAR. Mr. President, I ask LATED AGENCIES APPROPRIA- 10 a.m. in SD–430. unanimous consent that the Com- TIONS ACT, 2007 mittee on Energy and Natural Re- The PRESIDING OFFICER. Without On Tuesday, November 14, 2006, the sources Subcommittee on Public Lands objection, it is so ordered. Senate passed H.R. 5385, as follows: and Forests be authorized to meet dur- COMMITTEE ON HOMELAND SECURITY AND H.R. 5385 GOVERNMENT AFFAIRS ing the session of the Senate on Thurs- day, November 16 at 2:30 p.m. Resolved, That the bill from the House of Mr. LUGAR. Mr. President, I ask Representatives (H.R. 5385) entitled ‘‘An Act unanimous consent that the Com- The purpose of the hearing is to re- ceive testimony relating to S. 2626, a making appropriations for the military qual- mittee on Homeland Security and Gov- ity of life functions of the Department of De- ernmental Affairs be authorized to hold bill to establish wilderness areas, pro- fense, military construction, the Department an off-the-floor markup during the ses- mote conservation, improve public of Veterans Affairs, and related agencies for sion on Thursday, November 16, 2006, to land, and provide for high quality eco- the fiscal year ending September 30, 2007, and consider pending committee business nomic development in Washington for other purposes.’’, do pass with the fol- (agenda attached). County, Utah, and for other purposes; lowing amendments: and S. 3772, a bill to establish wilder- Strike out all after the enacting clause and Agenda ness areas, promote conservation, im- insert: Legislation: S. 4046, Iraq Reconstruc- prove public land, and provide for high That the following sums are appropriated, out tion Accountability Act of 2006. quality development in White Pine Ne- of any money in the Treasury not otherwise ap- Nominations: The Honorable James vada, and for other purposes. propriated, for military construction, the De- partment of Veterans Affairs, and related agen- H. Bilbray to be Governor, U.S. Postal The PRESIDING OFFICER. Without cies for the fiscal year ending September 30, Service; Thurgood Marshall Jr. to be objection, it is so ordered. 2007, and for other purposes, namely: Governor, U.S. Postal Service; The SUBCOMMITTEE ON READINESS AND TITLE I Honorable Dan G. Blair to be Chair- MANAGEMENT SUPPORT DEPARTMENT OF DEFENSE man, Postal Rate Commission, Stephen Mr. LUGAR. Mr. President, I ask MILITARY CONSTRUCTION, ARMY T. Conboy to be U.S. Marshal, Superior unanimous consent that the Sub- Court of the District of Columbia. committee on Readiness and Manage- (INCLUDING RESCISSIONS OF FUNDS) The PRESIDING OFFICER. Without ment support of the Committee on For acquisition, construction, installation, objection, it is so ordered. and equipment of temporary or permanent pub- Armed Services be authorized to meet lic works, military installations, facilities, and COMMITTEE ON THE JUDICIARY during the session of the Senate on No- real property for the Army as currently author- Mr. LUGAR. Mr. President, I ask vember 16, 2006, at 9:30 a.m., in open ized by law, including personnel in the Army unanimous consent that the Senate session to receive testimony on Depart- Corps of Engineers and other personal services Committee on the Judiciary be author- ment of Defense business systems mod- necessary for the purposes of this appropriation, ized to meet to conduct a hearing on ernization efforts. and for construction and operation of facilities ‘‘Oversight of the Civil Rights Divi- The PRESIDING OFFICER. Without in support of the functions of the Commander in sion’’ on Thursday, November 16, 2006 objection, it is so ordered. Chief, $2,172,622,000, to remain available until September 30, 2011: Provided, That of this at 9:30 a.m. in Dirksen Senate Office f amount, not to exceed $199,540,000 shall be Building Room 226. The witness list is PRIVILEGES OF THE FLOOR available for study, planning, design, architect attached. and engineer services, and host nation support, Panel I: The Hon. Wan Kim, Assist- Mr. LUGAR. Mr. President, I ask as authorized by law, unless the Secretary of ant Attorney General, Civil Rights Di- unanimous consent that Sharon Defense determines that additional obligations

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00111 Fmt 4637 Sfmt 6333 E:\CR\FM\A16NO6.149 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11088 CONGRESSIONAL RECORD — SENATE November 16, 2006 are necessary for such purposes and notifies the housing as the Secretary may designate, to be (including international military headquarters) Committees on Appropriations of both Houses of merged with and to be available for the same and for related expenses for the collective de- Congress of the determination and the reasons purposes, and for the same time period, as the fense of the North Atlantic Treaty Area as au- therefor: Provided further, That of the funds appropriation or fund to which transferred: thorized by section 2806 of title 10, United States appropriated for ‘‘Military Construction, Army’’ Provided further, That of the amount appro- Code, and Military Construction Authorization under Public Law 109–114, $43,348,000 are here- priated, not to exceed $172,150,000 shall be avail- Acts, $205,985,000, to remain available until ex- by rescinded: Provided further, That of the able for study, planning, design, and architect pended. funds appropriated for ‘‘Military Construction, and engineer services, as authorized by law, un- FAMILY HOUSING CONSTRUCTION, ARMY Army’’ under Public Law 109–13, $125,800,000 less the Secretary of Defense determines that ad- are hereby rescinded: Provided further, That of ditional obligations are necessary for such pur- For expenses of family housing for the Army the amount provided under this heading, poses and notifies the Committees on Appropria- for construction, including acquisition, replace- $34,800,000 is designated as an emergency re- tions of both Houses of Congress of the deter- ment, addition, expansion, extension, and alter- quirement pursuant to section 402 of S. Con. mination and the reasons therefor: Provided ation, as authorized by law, $578,791,000, to re- Res. 83 (109th Congress), the concurrent resolu- further, That of the funds appropriated for main available until September 30, 2011. tion on the budget for fiscal year 2007, as made ‘‘Military Construction, Defense-Wide’’ under FAMILY HOUSING OPERATION AND MAINTENANCE, applicable in the Senate by section 7035 of Pub- Public Law 108–132, $9,000,000 are hereby re- ARMY lic Law 109–234. scinded: Provided further, That of the funds ap- For expenses of family housing for the Army MILITARY CONSTRUCTION, NAVY AND MARINE propriated for ‘‘Military Construction, Defense- for operation and maintenance, including debt CORPS Wide’’ under Public Law 108–324, $43,000,000 are payment, leasing, minor construction, principal (INCLUDING RESCISSIONS OF FUNDS) hereby rescinded: Provided further, That of the and interest charges, and insurance premiums, For acquisition, construction, installation, funds appropriated for ‘‘Military Construction, as authorized by law, $675,617,000. Defense-Wide’’ under Public Law 109–114, and equipment of temporary or permanent pub- FAMILY HOUSING CONSTRUCTION, NAVY AND $72,065,000 are hereby rescinded: Provided fur- lic works, naval installations, facilities, and real MARINE CORPS property for the Navy and Marine Corps as cur- ther, That of the amount provided under this heading, $100,886,000 is designated as an emer- For expenses of family housing for the Navy rently authorized by law, including personnel in and Marine Corps for construction, including the Naval Facilities Engineering Command and gency requirement pursuant to section 402 of S. Con. Res. 83 (109th Congress), the concurrent acquisition, replacement, addition, expansion, other personal services necessary for the pur- extension, and alteration, as authorized by law, poses of this appropriation, $1,238,065,000, to re- resolution on the budget for fiscal year 2007, as made applicable in the Senate by section 7035 of $305,071,000, to remain available until September main available until September 30, 2011: Pro- 30, 2011. vided, That of this amount, not to exceed Public Law 109–234. $71,626,000 shall be available for study, plan- MILITARY CONSTRUCTION, ARMY NATIONAL FAMILY HOUSING OPERATION AND MAINTENANCE, ning, design, and architect and engineer serv- GUARD NAVY AND MARINE CORPS ices, as authorized by law, unless the Secretary (INCLUDING RESCISSION OF FUNDS) For expenses of family housing for the Navy of Defense determines that additional obliga- For construction, acquisition, expansion, re- and Marine Corps for operation and mainte- tions are necessary for such purposes and noti- habilitation, and conversion of facilities for the nance, including debt payment, leasing, minor fies the Committees on Appropriations of both training and administration of the Army Na- construction, principal and interest charges, Houses of Congress of the determination and the tional Guard, and contributions therefor, as au- and insurance premiums, as authorized by law, reasons therefor: Provided further, That of the thorized by chapter 1803 of title 10, United $498,525,000. funds appropriated for ‘‘Military Construction, States Code, and Military Construction Author- FAMILY HOUSING CONSTRUCTION, AIR FORCE Navy and Marine Corps’’ under Public Law 108– ization Acts, $539,804,000, to remain available (INCLUDING RESCISSIONS OF FUNDS) 132, $30,000,000 are hereby rescinded: Provided until September 30, 2011: Provided, That of the For expenses of family housing for the Air further, That of the funds appropriated for funds appropriated for ‘‘Military Construction, ‘‘Military Construction, Navy and Marine Force for construction, including acquisition, Army National Guard’’ under Public Law 109– replacement, addition, expansion, extension, Corps’’ under Public Law 108–324, $8,000,000 are 114, $2,129,000 are hereby rescinded. hereby rescinded. and alteration, as authorized by law, MILITARY CONSTRUCTION, AIR NATIONAL GUARD $1,182,138,000, to remain available until Sep- MILITARY CONSTRUCTION, AIR FORCE For construction, acquisition, expansion, re- tember 30, 2011: Provided, That of the funds ap- (INCLUDING RESCISSIONS OF FUNDS) habilitation, and conversion of facilities for the propriated for ‘‘Family Housing Construction, For acquisition, construction, installation, training and administration of the Air National Air Force’’ under Public Law 108–324, and equipment of temporary or permanent pub- Guard, and contributions therefor, as author- $23,400,000 are hereby rescinded: Provided fur- lic works, military installations, facilities, and ized by chapter 1803 of title 10, United States ther, That of the funds appropriated for ‘‘Fam- real property for the Air Force as currently au- Code, and Military Construction Authorization ily Housing Construction, Air Force’’ under thorized by law, $1,214,885,000, to remain avail- Acts, $252,834,000, to remain available until Sep- Public Law 109–114, $42,800,000 are hereby re- able until September 30, 2011: Provided, That of tember 30, 2011. scinded. this amount, not to exceed $71,381,000 shall be ILITARY CONSTRUCTION, ARMY RESERVE FAMILY HOUSING OPERATION AND MAINTENANCE, available for study, planning, design, and ar- M AIR FORCE chitect and engineer services, as authorized by For construction, acquisition, expansion, re- law, unless the Secretary of Defense determines habilitation, and conversion of facilities for the For expenses of family housing for the Air that additional obligations are necessary for training and administration of the Army Re- Force for operation and maintenance, including such purposes and notifies the Committees on serve as authorized by chapter 1803 of title 10, debt payment, leasing, minor construction, prin- Appropriations of both Houses of Congress of United States Code, and Military Construction cipal and interest charges, and insurance pre- the determination and the reasons therefor: Pro- Authorization Acts, $191,450,000, to remain miums, as authorized by law, $755,071,000. vided further, That of the funds appropriated available until September 30, 2011. FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE for ‘‘Military Construction, Air Force’’ under MILITARY CONSTRUCTION, NAVY RESERVE For expenses of family housing for the activi- Public Law 108–324, $2,694,000 are hereby re- For construction, acquisition, expansion, re- ties and agencies of the Department of Defense scinded: Provided further, That of the funds ap- habilitation, and conversion of facilities for the (other than the military departments) for con- propriated for ‘‘Military Construction, Air training and administration of the reserve com- struction, including acquisition, replacement, Force’’ under Public Law 109–114, $19,816,000 ponents of the Navy and Marine Corps as au- addition, expansion, extension, and alteration, are hereby rescinded: Provided further, That of thorized by chapter 1803 of title 10, United as authorized by law, $8,808,000, to remain the funds appropriated for ‘‘Military Construc- States Code, and Military Construction Author- available until September 30, 2011. tion, Air Force’’ under Public Law 109–13, ization Acts, $48,408,000, to remain available $10,800,000 are hereby rescinded. FAMILY HOUSING OPERATION AND MAINTENANCE, until September 30, 2011. DEFENSE-WIDE MILITARY CONSTRUCTION, DEFENSE-WIDE MILITARY CONSTRUCTION, AIR FORCE RESERVE For expenses of family housing for the activi- (INCLUDING RESCISSIONS AND TRANSFER OF For construction, acquisition, expansion, re- ties and agencies of the Department of Defense FUNDS) habilitation, and conversion of facilities for the (other than the military departments) for oper- For acquisition, construction, installation, training and administration of the Air Force Re- ation and maintenance, leasing, and minor con- and equipment of temporary or permanent pub- serve as authorized by chapter 1803 of title 10, struction, as authorized by law, $48,506,000. lic works, installations, facilities, and real prop- United States Code, and Military Construction erty for activities and agencies of the Depart- DEPARTMENT OF DEFENSE FAMILY HOUSING Authorization Acts, $44,936,000, to remain avail- IMPROVEMENT FUND ment of Defense (other than the military depart- able until September 30, 2011. ments), as currently authorized by law, For the Department of Defense Family Hous- $1,162,281,000, to remain available until Sep- NORTH ATLANTIC TREATY ORGANIZATION ing Improvement Fund, $2,500,000, to remain tember 30, 2011: Provided, That such amounts of SECURITY INVESTMENT PROGRAM available until expended, for family housing ini- this appropriation as may be determined by the For the United States share of the cost of the tiatives undertaken pursuant to section 2883 of Secretary of Defense may be transferred to such North Atlantic Treaty Organization Security In- title 10, United States Code, providing alter- appropriations of the Department of Defense vestment Program for the acquisition and con- native means of acquiring and improving mili- available for military construction or family struction of military facilities and installations tary family housing and supporting facilities.

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CHEMICAL DEMILITARIZATION CONSTRUCTION, or family housing during the current fiscal year age host countries to assume a greater share of DEFENSE-WIDE may be used to pay real property taxes in any the common defense burden of such countries For expenses of construction, not otherwise foreign nation. and the United States. provided for, necessary for the destruction of SEC. 110. None of the funds made available in (b) The report under subsection (a) shall in- the United States stockpile of lethal chemical this title may be used to initiate a new installa- clude a description of— agents and munitions in accordance with sec- tion overseas without prior notification to the (1) attempts to secure cash and in-kind con- tion 1412 of the Department of Defense Author- Committees on Appropriations of both Houses of tributions from host countries for military con- ization Act, 1986 (50 U.S.C. 1521), and for the Congress. struction projects; (2) attempts to achieve economic incentives of- destruction of other chemical warfare materials SEC. 111. None of the funds made available in fered by host countries to encourage private in- that are not in the chemical weapon stockpile, this title may be obligated for architect and en- vestment for the benefit of the United States as currently authorized by law, $140,993,000, to gineer contracts estimated by the Government to Armed Forces; remain available until September 30, 2011, which exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organi- (3) attempts to recover funds due to be paid to shall be only for the Assembled Chemical Weap- the United States by host countries for assets ons Alternatives program. zation member country, or in countries bor- dering the Arabian Sea if that country has not deeded or otherwise imparted to host countries DEPARTMENT OF DEFENSE BASE CLOSURE increased its defense spending by at least 3 per- upon the cessation of United States operations ACCOUNT 1990 cent in calendar year 2005, unless such con- at military installations; (4) the amount spent by host countries on de- For deposit into the Department of Defense tracts are awarded to United States firms or fense, in dollars and in terms of the percent of Base Closure Account 1990, established by sec- United States firms in joint venture with host gross domestic product (GDP) of the host coun- tion 2906(a)(1) of the Defense Base Closure and nation firms. try; and Realignment Act of 1990 (10 U.S.C. 2687 note), SEC. 112. None of the funds made available in (5) for host countries that are members of the $191,220,000, to remain available until expended. this title for military construction in the United North Atlantic Treaty Organization (NATO), DEPARTMENT OF DEFENSE BASE CLOSURE States territories and possessions in the Pacific the amount contributed to NATO by host coun- ACCOUNT 2005 and on Kwajalein Atoll, or in countries bor- tries, in dollars and in terms of the percent of dering the Arabian Sea, may be used to award For deposit into the Department of Defense the total NATO budget. Base Closure Account 2005, established by sec- any contract estimated by the Government to ex- (c) In this section, the term ‘‘host country’’ tion 2906A(a)(1) of the Defense Base Closure ceed $1,000,000 to a foreign contractor: Provided, means other member countries of NATO, Japan, and Realignment Act of 1990 (10 U.S.C. 2687 That this section shall not be applicable to con- South Korea, and United States allies bordering note), $5,237,100,000, to remain available until tract awards for which the lowest responsive the Arabian Sea. and responsible bid of a United States con- expended. (INCLUDING TRANSFER OF FUNDS) tractor exceeds the lowest responsive and re- ADMINISTRATIVE PROVISIONS SEC. 119. In addition to any other transfer au- sponsible bid of a foreign contractor by greater SEC. 101. None of the funds made available in thority available to the Department of Defense, than 20 percent: Provided further, That this sec- this title shall be expended for payments under proceeds deposited to the Department of Defense tion shall not apply to contract awards for mili- a cost-plus-a-fixed-fee contract for construction, Base Closure Account established by section tary construction on Kwajalein Atoll for which where cost estimates exceed $25,000, to be per- 207(a)(1) of the Defense Authorization Amend- the lowest responsive and responsible bid is sub- formed within the United States, except Alaska, ments and Base Closure and Realignment Act mitted by a Marshallese contractor. without the specific approval in writing of the (10 U.S.C. 2687 note) pursuant to section SEC. 113. The Secretary of Defense is to inform Secretary of Defense setting forth the reasons 207(a)(2)(C) of such Act, may be transferred to the appropriate committees of both Houses of therefor. the account established by section 2906(a)(1) of Congress, including the Committees on Appro- SEC. 102. Funds made available in this title for the Defense Base Closure and Realignment Act priations, of the plans and scope of any pro- construction shall be available for hire of pas- of 1990 (10 U.S.C. 2687 note), to be merged with, posed military exercise involving United States senger motor vehicles. and to be available for the same purposes and personnel 30 days prior to its occurring, if SEC. 103. Funds made available in this title for the same time period as that account. amounts expended for construction, either tem- construction may be used for advances to the (INCLUDING TRANSFER OF FUNDS) porary or permanent, are anticipated to exceed Federal Highway Administration, Department SEC. 120. Subject to 30 days prior notification $750,000. of Transportation, for the construction of access to the Committees on Appropriations of both SEC. 114. Not more than 20 percent of the roads as authorized by section 210 of title 23, Houses of Congress, such additional amounts as funds made available in this title which are lim- United States Code, when projects authorized may be determined by the Secretary of Defense ited for obligation during the current fiscal year therein are certified as important to the na- may be transferred to: (1) the Department of De- shall be obligated during the last two months of tional defense by the Secretary of Defense. fense Family Housing Improvement Fund from the fiscal year. SEC. 104. None of the funds made available in amounts appropriated for construction in ‘‘Fam- this title may be used to begin construction of (INCLUDING TRANSFER OF FUNDS) ily Housing’’ accounts, to be merged with and to new bases in the United States for which spe- SEC. 115. Funds appropriated to the Depart- be available for the same purposes and for the cific appropriations have not been made. ment of Defense for construction in prior years same period of time as amounts appropriated di- SEC. 105. None of the funds made available in shall be available for construction authorized rectly to the Fund; or (2) the Department of De- this title shall be used for purchase of land or for each such military department by the au- fense Military Unaccompanied Housing Im- land easements in excess of 100 percent of the thorizations enacted into law during the current provement Fund from amounts appropriated for value as determined by the Army Corps of Engi- session of Congress. construction of military unaccompanied housing neers or the Naval Facilities Engineering Com- SEC. 116. For military construction or family in ‘‘Military Construction’’ accounts, to be mand, except: (1) where there is a determination housing projects that are being completed with merged with and to be available for the same of value by a Federal court; (2) purchases nego- funds otherwise expired or lapsed for obligation, purposes and for the same period of time as tiated by the Attorney General or the designee expired or lapsed funds may be used to pay the amounts appropriated directly to the Fund: Pro- of the Attorney General; (3) where the estimated cost of associated supervision, inspection, over- vided, That appropriations made available to value is less than $25,000; or (4) as otherwise de- head, engineering and design on those projects the Funds shall be available to cover the costs, termined by the Secretary of Defense to be in and on subsequent claims, if any. as defined in section 502(5) of the Congressional the public interest. SEC. 117. Notwithstanding any other provision Budget Act of 1974, of direct loans or loan guar- SEC. 106. None of the funds made available in of law, any funds made available to a military antees issued by the Department of Defense pur- this title shall be used to: (1) acquire land; (2) department or defense agency for the construc- suant to the provisions of subchapter IV of provide for site preparation; or (3) install utili- tion of military projects may be obligated for a chapter 169 of title 10, United States Code, per- ties for any family housing, except housing for military construction project or contract, or for taining to alternative means of acquiring and which funds have been made available in an- any portion of such a project or contract, at any improving military family housing, military un- nual Acts making appropriations for military time before the end of the fourth fiscal year accompanied housing, and supporting facilities. construction. after the fiscal year for which funds for such SEC. 121. (a) Not later than 60 days before SEC. 107. None of the funds made available in project were made available, if the funds obli- issuing any solicitation for a contract with the this title for minor construction may be used to gated for such project: (1) are obligated from private sector for military family housing the transfer or relocate any activity from one base funds available for military construction Secretary of the military department concerned or installation to another, without prior notifi- projects; and (2) do not exceed the amount ap- shall submit to the Committees on Appropria- cation to the Committees on Appropriations of propriated for such project, plus any amount by tions of both Houses of Congress the notice de- both Houses of Congress. which the cost of such project is increased pur- scribed in subsection (b). SEC. 108. None of the funds made available in suant to law. (b)(1) A notice referred to in subsection (a) is this title may be used for the procurement of SEC. 118. (a) Not later than December 1, 2006, a notice of any guarantee (including the making steel for any construction project or activity for the Secretary of Defense, in consultation with of mortgage or rental payments) proposed to be which American steel producers, fabricators, the Secretary of State, shall submit to the Com- made by the Secretary to the private party and manufacturers have been denied the oppor- mittees on Appropriations of both Houses of under the contract involved in the event of— tunity to compete for such steel procurement. Congress a report on actions taken by the De- (A) the closure or realignment of the installa- SEC. 109. None of the funds available to the partment of Defense and the Department of tion for which housing is provided under the Department of Defense for military construction State during the previous fiscal year to encour- contract;

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(B) a reduction in force of units stationed at project at a military installation approved for SEC. 129. (a) The amount appropriated or oth- such installation; or realignment will support a continuing mission erwise made available by this title under the (C) the extended deployment overseas of units or function at that installation or a new mission heading ‘‘MILITARY CONSTRUCTION, AIR FORCE’’ stationed at such installation. or function that is planned for that installation, is hereby increased by $750,000. (2) Each notice under this subsection shall or unless the Secretary of Defense certifies that (b) Of the amount appropriated or otherwise specify the nature of the guarantee involved the cost to the United States of carrying out made available by this title under the heading and assess the extent and likelihood, if any, of such project would be less than the cost to the ‘‘MILITARY CONSTRUCTION, AIR FORCE’’, as in- the liability of the Federal Government with re- United States of cancelling such project, or if creased by subsection (a), $750,000 may be avail- spect to the guarantee. the project is at an active component base that able for the Air Force Financial Management (INCLUDING TRANSFER OF FUNDS) shall be established as an enclave or in the case Center. SEC. 122. In addition to any other transfer au- of projects having multi-agency use, that an- (c) The amount appropriated or otherwise thority available to the Department of Defense, other Government agency has indicated it will made available by this title under the heading amounts may be transferred from the accounts assume ownership of the completed project. The ‘‘NORTH ATLANTIC TREATY ORGANIZATION SECU- established by sections 2906(a)(1) and Secretary of Defense may not transfer funds RITY INVESTMENT PROGRAM’’ is hereby reduced 2906A(a)(1) of the Defense Base Closure and Re- made available as a result of this limitation from by $750,000. alignment Act of 1990 (10 U.S.C. 2687 note), to any military construction project, land acquisi- SEC. 130. Subsection (c) of section 1077 of the the fund established by section 1013(d) of the tion, or family housing project to another ac- John Warner National Defense Authorization Demonstration Cities and Metropolitan Develop- count or use such funds for another purpose or Act for Fiscal Year 2007 (Public Law 109–364) is ment Act of 1966 (42 U.S.C. 3374) to pay for ex- project without the prior approval of the Com- hereby repealed. mittees on Appropriations of both Houses of penses associated with the Homeowners Assist- SEC. 131. (a) The amount available for ‘‘MILI- Congress. This section shall not apply to mili- ance Program. Any amounts transferred shall be TARY CONSTRUCTION, AIR FORCE’’ is hereby re- tary construction projects, land acquisition, or merged with and be available for the same pur- duced by $25,400,000 for ‘‘Basic Expeditionary family housing projects for which the project is poses and for the same time period as the fund Airmen Training Facility, Lackland AFB, vital to the national security or the protection of to which transferred. Texas’’. health, safety, or environmental quality: Pro- SEC. 123. Notwithstanding this or any other (b) The amount available for ‘‘Department of vided, That the Secretary of Defense shall no- provision of law, funds made available in this Defense Base Closure Account 2005’’ is hereby title for operation and maintenance of family tify the congressional defense committees within seven days of a decision to carry out such a increased by $25,400,000. housing shall be the exclusive source of funds SEC. 132. Of the amount appropriated or oth- for repair and maintenance of all family hous- military construction project. SEC. 126. Section 3001(o) of the Emergency erwise made available by chapter 7 of title I of ing units, including general or flag officer quar- Supplemental Appropriations Act for Defense the Department of Defense, Emergency Supple- ters: Provided, That not more than $35,000 per and for the Reconstruction of Iraq and Afghani- mental Appropriations to Address Hurricanes in unit may be spent annually for the maintenance stan, 2004 (Public Law 108–106; 117 Stat. 1238; 5 the Gulf of Mexico, and Pandemic Influenza and repair of any general or flag officer quar- U.S.C. App., note to section 8G of Public Law Act, 2006 (Public Law 109–148) under the head- ters without 30 days prior notification to the 95–452), as amended by section 1054(b) of the ing ‘‘MILITARY CONSTRUCTION, NAVY AND MA- Committees on Appropriations of both Houses of John Warner National Defense Authorization RINE CORPS’’ and available for the replacement Congress, except that an after-the-fact notifica- Act for Fiscal Year 2007 (Public Law 109–364), is of a Bachelor Enlisted Quarters at Naval Con- tion shall be submitted if the limitation is ex- amended to read as follows: struction Battalion Center, Gulfport, Mis- ceeded solely due to costs associated with envi- ‘‘(o) TERMINATION.—(1)(A) The Office of the sissippi, $13,400,000 may be available for the ronmental remediation that could not be reason- Inspector General shall terminate 10 months construction of an additional Bachelor Enlisted ably anticipated at the time of the budget sub- after 80 percent of the funds appropriated or Quarters at Naval Construction Battalion Cen- mission: Provided further, That the Under Sec- otherwise made available to the Iraq Relief and ter, Gulfport, Mississippi. retary of Defense (Comptroller) is to report an- Reconstruction Fund have been expended. TITLE II nually to the Committees on Appropriations of ‘‘(B) For purposes of calculating the termi- both Houses of Congress all operation and main- nation of the Office of the Inspector General DEPARTMENT OF VETERANS AFFAIRS tenance expenditures for each individual gen- under this subsection, any United States funds VETERANS BENEFITS PROGRAMS eral or flag officer quarters for the prior fiscal appropriated or otherwise made available for COMPENSATION AND PENSIONS year: Provided further, That nothing in this sec- fiscal year 2006 for the reconstruction of Iraq, tion precludes the Secretary of a military de- irrespective of the designation of such funds, (INCLUDING TRANSFER OF FUNDS) partment, after notifying the congressional de- shall be deemed to be amounts appropriated or For the payment of compensation benefits to fense committees and waiting 21 days, from otherwise made available to the Iraq Relief and or on behalf of veterans and a pilot program for using funds derived under section 2601, chapter Reconstruction Fund. disability examinations as authorized by law (38 403, chapter 603, or chapter 903 of title 10, ‘‘(2) The Special Inspector General for Iraq U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and United States Code, for the maintenance or re- Reconstruction shall, prior to the termination of 61); pension benefits to or on behalf of veterans pair of general and flag officer quarters at the the Office of the Special Inspector General as authorized by law (38 U.S.C. chapters 15, 51, military service academy under the jurisdiction under paragraph (1), prepare a final forensic 53, 55, and 61; 92 Stat. 2508); and burial benefits, of that Secretary: Provided further, That each audit report on all funds deemed to be amounts the Reinstated Entitlement Program for Sur- Secretary of a military department shall provide appropriated or otherwise made available to the vivors, emergency and other officers’ retirement an annual report by February 15 to the congres- Iraq Relief and Reconstruction Fund.’’. pay, adjusted-service credits and certificates, sional defense committees on the amount of SEC. 127. (a) Of the amount appropriated or payment of premiums due on commercial life in- funds that were derived under section 2601, otherwise made available by this title under the surance policies guaranteed under the provi- chapter 403, chapter 603, or chapter 903 of title heading ‘‘FAMILY HOUSING OPERATION AND sions of title IV of the Servicemembers Civil Re- 10, United States Code, in the previous year and MAINTENANCE, ARMY’’, $7,500,000 may be avail- lief Act (50 U.S.C. App. 540 et seq.) and for other were obligated for the construction, improve- able for the lease of not more than 300 addi- benefits as authorized by law (38 U.S.C. 107, ment, repair, or maintenance of any military fa- tional housing units in the vicinity of Fair- 1312, 1977, and 2106, chapters 23, 51, 53, 55, and cility or infrastructure. banks, Alaska. Such funds may not be available 61; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), SEC. 124. Amounts contained in the Ford Is- for the construction or purchase of such units. $38,007,095,000, to remain available until ex- land Improvement Account established by sub- (b)(1) The total cost of a unit leased under pended: Provided, That not to exceed $28,112,000 section (h) of section 2814 of title 10, United subsection (a), including the cost of utilities, of the amount appropriated under this heading States Code, are appropriated and shall be maintenance, and operation, may not exceed shall be reimbursed to ‘‘General operating ex- $25,000 per year. available until expended for the purposes speci- penses’’ and ‘‘Medical services’’ for necessary (2) A lease entered into under subsection (a) fied in subsection (i)(1) of such section or until expenses in implementing the provisions of may not exceed 5 years in duration or include chapters 51, 53, and 55 of title 38, United States transferred pursuant to subsection (i)(3) of such an option to extend the lease beyond the 5-year Code, the funding source for which is specifi- section. period beginning on the date the lease com- cally provided as the ‘‘Compensation and pen- (INCLUDING TRANSFER OF FUNDS) mences. sions’’ appropriation: Provided further, That SEC. 125. None of the funds made available in SEC. 128. (a) The amount appropriated or oth- this title, or in any Act making appropriations erwise made available by this title under the such sums as may be earned on an actual quali- fying patient basis, shall be reimbursed to for military construction which remain available heading ‘‘MILITARY CONSTRUCTION, NAVY AND ‘‘Medical care collections fund’’ to augment the for obligation, may be obligated or expended to MARINE CORPS’’ and available for ‘‘Replacement carry out a military construction, land acquisi- Vehicle Bridge, Increment 2, Naval Station, funding of individual medical facilities for nurs- tion, or family housing project at or for a mili- Newport, Rhode Island’’ is hereby increased by ing home care provided to pensioners as author- tary installation approved for closure, or at a $3,410,000. ized. military installation for the purposes of sup- (b) The amount appropriated or otherwise READJUSTMENT BENEFITS porting a function that has been approved for made available by this title under the heading For the payment of readjustment and rehabili- realignment to another installation, in 2005 ‘‘MILITARY CONSTRUCTION, NAVY AND MARINE tation benefits to or on behalf of veterans as au- under the Defense Base Closure and Realign- CORPS’’ and available for ‘‘Hazardous Material thorized by law (38 U.S.C. chapters 21, 30, 31, ment Act of 1990 (part A of title XXIX of Public Storage Facility, Naval Station Newport, Rhode 34, 35, 36, 39, 51, 53, 55, and 61), $3,262,006,000, Law 101–510; 10 U.S.C. 2687 note), unless such a Island’’ is hereby reduced by $3,410,000. to remain available until expended: Provided,

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00114 Fmt 4637 Sfmt 6333 E:\CR\FM\A16NO6.076 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11091 That expenses for rehabilitation program serv- of capital policy activities; and administrative title 38, United States Code, that the Secretary ices and assistance which the Secretary is au- and legal expenses of the Department for col- of Veterans Affairs determines are necessary to thorized to provide under section 3104(a) of title lecting and recovering amounts owed the De- enable entitled veterans: (1) to the maximum ex- 38, United States Code, other than under sub- partment as authorized under chapter 17 of title tent feasible, to become employable and to ob- section (a)(1), (2), (5), and (11) of that section, 38, United States Code, and the Federal Medical tain and maintain suitable employment; or (2) to shall be charged to this account. Care Recovery Act (42 U.S.C. 2651 et seq.); achieve maximum independence in daily living, VETERANS INSURANCE AND INDEMNITIES $28,689,000,000, plus reimbursements: Provided, shall be charged to this account: Provided fur- For military and naval insurance, national That of the funds made available under this ther, That the Veterans Benefits Administration service life insurance, servicemen’s indemnities, heading, not to exceed $1,350,000,000 shall be shall be funded at not less than $1,167,859,000: service-disabled veterans insurance, and vet- available until September 30, 2008: Provided fur- Provided further, That of the funds made avail- erans mortgage life insurance as authorized by ther, That, notwithstanding any other provision able under this heading, not to exceed title 38, United States Code, chapter 19; 70 Stat. of law, the Secretary of Veterans Affairs shall $75,000,000 shall be available for obligation until 887; 72 Stat. 487, $49,850,000, to remain available establish a priority for treatment for veterans September 30, 2008: Provided further, That from until expended. who are service-connected disabled, lower in- the funds made available under this heading, VETERANS HOUSING BENEFIT PROGRAM FUND come, or have special needs: Provided further, the Veterans Benefits Administration may pur- PROGRAM ACCOUNT That, notwithstanding any other provision of chase up to two passenger motor vehicles for use law, the Secretary of Veterans Affairs shall give in operations of that Administration in Manila, (INCLUDING TRANSFER OF FUNDS) priority funding for the provision of basic med- Philippines. For the cost of direct and guaranteed loans, ical benefits to veterans in enrollment priority OFFICE OF INSPECTOR GENERAL such sums as may be necessary to carry out the groups 1 through 6: Provided further, That, not- For necessary expenses of the Office of In- program, as authorized by subchapters I withstanding any other provision of law, the spector General, to include information tech- through III of chapter 37 of title 38, United Secretary of Veterans Affairs may authorize the nology, in carrying out the provisions of the In- States Code: Provided, That such costs, includ- dispensing of prescription drugs from Veterans spector General Act of 1978, $70,599,000, of ing the cost of modifying such loans, shall be as Health Administration facilities to enrolled vet- which $3,474,950 shall remain available until defined in section 502 of the Congressional erans with privately written prescriptions based September 30, 2008. Budget Act of 1974: Provided further, That dur- on requirements established by the Secretary: CONSTRUCTION, MAJOR PROJECTS ing fiscal year 2007, within the resources avail- Provided further, That the implementation of able, not to exceed $500,000 in gross obligations For constructing, altering, extending and im- the program described in the previous proviso for direct loans are authorized for specially proving any of the facilities including parking shall incur no additional cost to the Department adapted housing loans. projects under the jurisdiction or for the use of of Veterans Affairs. In addition, for administrative expenses to the Department of Veterans Affairs, or for any MEDICAL FACILITIES carry out the direct and guaranteed loan pro- of the purposes set forth in sections 316, 2404, grams, $153,185,000. For necessary expenses for the maintenance 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 and operation of hospitals, nursing homes, and of title 38, United States Code, including plan- VOCATIONAL REHABILITATION LOANS PROGRAM domiciliary facilities and other necessary facili- ning, architectural and engineering services, ACCOUNT ties for the Veterans Health Administration; for construction management services, maintenance (INCLUDING TRANSFER OF FUNDS) administrative expenses in support of planning, or guarantee period services costs associated For the cost of direct loans, $53,000, as au- design, project management, real property ac- with equipment guarantees provided under the thorized by chapter 31 of title 38, United States quisition and disposition, construction and ren- project, services of claims analysts, offsite utility Code: Provided, That such costs, including the ovation of any facility under the jurisdiction or and storm drainage system construction costs, cost of modifying such loans, shall be as defined for the use of the Department; for oversight, en- and site acquisition, where the estimated cost of in section 502 of the Congressional Budget Act gineering and architectural activities not a project is more than the amount set forth in of 1974: Provided further, That funds made charged to project costs; for repairing, altering, section 8104(a)(3)(A) of title 38, United States available under this heading are available to improving or providing facilities in the several Code, or where funds for a project were made subsidize gross obligations for the principal hospitals and homes under the jurisdiction of available in a previous major project appropria- amount of direct loans not to exceed $4,242,000. the Department, not otherwise provided for, ei- tion, $429,000,000, to remain available until ex- In addition, for administrative expenses nec- ther by contract or by the hire of temporary em- pended, of which $2,000,000 shall be to make re- essary to carry out the direct loan program, ployees and purchase of materials; for leases of imbursements as provided in section 13 of the $305,000, which may be transferred to and facilities; and for laundry and food services, Contract Disputes Act of 1978 (41 U.S.C. 612) for merged with the appropriation for ‘‘General op- $3,569,000,000, plus reimbursements, of which claims paid for contract disputes: Provided, erating expenses’’. $250,000,000 shall be available until September That except for advance planning activities, in- NATIVE AMERICAN VETERAN HOUSING LOAN 30, 2008. cluding needs assessments which may or may PROGRAM ACCOUNT MEDICAL AND PROSTHETIC RESEARCH not lead to capital investments, and other cap- (INCLUDING TRANSFER OF FUNDS) For necessary expenses in carrying out pro- ital asset management related activities, such as For administrative expenses to carry out the grams of medical and prosthetic research and portfolio development and management activi- direct loan program authorized by subchapter V development as authorized by chapter 73 of title ties, and investment strategy studies funded of chapter 37 of title 38, United States Code, 38, United States Code, to remain available until through the advance planning fund and the $615,000: Provided, That no new loans in excess September 30, 2008, $412,000,000, plus reimburse- planning and design activities funded through of $30,000,000 may be made in fiscal year 2007. ments, of which not less than $15,000,000 shall the design fund and CARES funds, including GUARANTEED TRANSITIONAL HOUSING LOANS FOR be used for Gulf War Illness research. needs assessments which may or may not lead to HOMELESS VETERANS PROGRAM ACCOUNT NATIONAL CEMETERY ADMINISTRATION capital investments, none of the funds appro- priated under this heading shall be used for any For the administrative expenses to carry out For necessary expenses of the National Ceme- project which has not been approved by the the guaranteed transitional housing loan pro- tery Administration for operations and mainte- Congress in the budgetary process: Provided gram authorized by subchapter VI of chapter 37 nance, not otherwise provided for, including further, That funds provided in this appropria- of title 38, United States Code, not to exceed uniforms or allowances therefor; cemeterial ex- tion for fiscal year 2007, for each approved $750,000 of the amounts appropriated by this Act penses as authorized by law; purchase of one project (except those for CARES activities ref- for ‘‘General operating expenses’’ and ‘‘Medical passenger motor vehicle for use in cemeterial op- erenced above) shall be obligated: (1) by the services’’ may be expended. erations; and hire of passenger motor vehicles, awarding of a construction documents contract VETERANS HEALTH ADMINISTRATION $160,733,000, of which not to exceed $8,037,000 by September 30, 2007; and (2) by the awarding shall be available until September 30, 2008. MEDICAL SERVICES of a construction contract by September 30, 2008: (INCLUDING TRANSFER OF FUNDS) DEPARTMENTAL ADMINISTRATION Provided further, That the Secretary of Vet- For necessary expenses for furnishing, as au- GENERAL OPERATING EXPENSES erans Affairs shall promptly report in writing to thorized by law, inpatient and outpatient care (INCLUDING TRANSFER OF FUNDS) the Committees on Appropriations of both and treatment to beneficiaries of the Depart- For necessary operating expenses of the De- Houses of Congress any approved major con- ment of Veterans Affairs and veterans described partment of Veterans Affairs, not otherwise pro- struction project in which obligations are not in section 1705(a) of title 38, United States Code, vided for, including administrative expenses in incurred within the time limitations established including care and treatment in facilities not support of Department-Wide capital planning, above. under the jurisdiction of the Department, and management and policy activities, uniforms or CONSTRUCTION, MINOR PROJECTS including medical supplies and equipment and allowances therefor; not to exceed $25,000 for of- For constructing, altering, extending, and im- salaries and expenses of healthcare employees ficial reception and representation expenses; proving any of the facilities including parking hired under title 38, United States Code, and aid hire of passenger motor vehicles; and reimburse- projects under the jurisdiction or for the use of to State homes as authorized by section 1741 of ment of the General Services Administration for the Department of Veterans Affairs, including title 38, United States Code; and for necessary security guard services, and the Department of planning and assessments of needs which may expenses in the administration of the medical, Defense for the cost of overseas employee mail, lead to capital investments, architectural and hospital, nursing home, domiciliary, construc- $1,467,764,000: Provided, That expenses for serv- engineering services, maintenance or guarantee tion, supply, and research activities, as author- ices and assistance authorized under para- period services costs associated with equipment ized by law; administrative expenses in support graphs (1), (2), (5), and (11) of section 3104(a) of guarantees provided under the project, services

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of claims analysts, offsite utility and storm (INCLUDING TRANSFER OF FUNDS) SEC. 210. Funds available in this title or funds drainage system construction costs, and site ac- SEC. 202. Amounts made available for fiscal for salaries and other administrative expenses quisition, or for any of the purposes set forth in year 2007, in this Act or any other Act, under shall also be available to reimburse the Office of sections 316, 2404, 2406, 8102, 8103, 8106, 8108, the ‘‘Medical services’’ and ‘‘Medical facilities’’ Resolution Management and the Office of Em- 8109, 8110, 8122, and 8162 of title 38, United accounts may be transferred between the ac- ployment Discrimination Complaint Adjudica- States Code, where the estimated cost of a counts to the extent necessary to implement the tion for all services provided at rates which will project is equal to or less than the amount set restructuring of the Veterans Health Adminis- recover actual costs but not exceed $31,246,000 forth in section 8104(a)(3)(A) of title 38, United tration accounts: Provided, That before a trans- for the Office of Resolution Management and States Code, $168,000,000, to remain available fer may take place, the Secretary of Veterans $3,059,000 for the Office of Employment and Dis- until expended, along with unobligated balances Affairs shall request from the Committees on Ap- crimination Complaint Adjudication: Provided, of previous ‘‘Construction, minor projects’’ ap- propriations of both Houses of Congress the au- That payments may be made in advance for propriations which are hereby made available thority to make the transfer and an approval is services to be furnished based on estimated for any project where the estimated cost is equal issued. costs: Provided further, That amounts received to or less than the amount set forth in such sec- SEC. 203. Appropriations available in this title shall be credited to ‘‘General operating ex- tion for: (1) repairs to any of the nonmedical fa- for salaries and expenses shall be available for penses’’ for use by the office that provided the cilities under the jurisdiction or for the use of services authorized by section 3109 of title 5, service. the Department which are necessary because of United States Code, hire of passenger motor ve- SEC. 211. No appropriations in this title shall loss or damage caused by any natural disaster hicles; lease of a facility or land or both; and be available to enter into any new lease of real or catastrophe; and (2) temporary measures nec- uniforms or allowances therefor, as authorized property if the estimated annual rental is more essary to prevent or to minimize further loss by by sections 5901–5902 of title 5, United States than $300,000 unless the Secretary submits a re- such causes. Code. port which the Committees on Appropriations of GRANTS FOR CONSTRUCTION OF STATE EXTENDED SEC. 204. No appropriations in this title (ex- both Houses of Congress approve within 30 days CARE FACILITIES cept the appropriations for ‘‘Construction, following the date on which the report is re- For grants to assist States to acquire or con- major projects’’, and ‘‘Construction, minor ceived. struct State nursing home and domiciliary fa- projects’’) shall be available for the purchase of SEC. 212. No funds of the Department of Vet- cilities and to remodel, modify or alter existing any site for the construction of any new hos- erans Affairs shall be available for hospital hospital, nursing home and domiciliary facilities pital or home. care, nursing home care, or medical services pro- SEC. 205. No appropriations in this title shall in State homes, for furnishing care to veterans vided to any person under chapter 17 of title 38, be available for hospitalization or examination as authorized by sections 8131–8137 of title 38, United States Code, for a non-service-connected of any persons (except beneficiaries entitled United States Code, $85,000,000, to remain avail- disability described in section 1729(a)(2) of such under the laws bestowing such benefits to vet- able until expended. title, unless that person has disclosed to the Sec- erans, and persons receiving such treatment GRANTS FOR CONSTRUCTION OF STATE VETERANS retary of Veterans Affairs, in such form as the under sections 7901–7904 of title 5, United States Secretary may require, current, accurate third- CEMETERIES Code or the Robert T. Stafford Disaster Relief For grants to aid States in establishing, ex- party reimbursement information for purposes of and Emergency Assistance Act (42 U.S.C. 5121 et section 1729 of such title: Provided, That the panding, or improving State veterans cemeteries seq.)), unless reimbursement of cost is made to as authorized by section 2408 of title 38, United Secretary may recover, in the same manner as the ‘‘Medical services’’ account at such rates as any other debt due the United States, the rea- States Code, $32,000,000, to remain available may be fixed by the Secretary of Veterans Af- until expended. sonable charges for such care or services from fairs. any person who does not make such disclosure INFORMATION TECHNOLOGY SYSTEMS SEC. 206. Appropriations available in this title as required: Provided further, That any (INCLUDING TRANSFER OF FUNDS) for ‘‘Compensation and pensions’’, ‘‘Readjust- amounts so recovered for care or services pro- For necessary expenses for information tech- ment benefits’’, and ‘‘Veterans insurance and vided in a prior fiscal year may be obligated by nology systems and telecommunications support, indemnities’’ shall be available for payment of the Secretary during the fiscal year in which including developmental information systems prior year accrued obligations required to be re- amounts are received. corded by law against the corresponding prior and operational information systems; including (INCLUDING TRANSFER OF FUNDS) pay and associated cost for operations and year accounts within the last quarter of fiscal year 2006. SEC. 213. Notwithstanding any other provision maintenance associated staff; for the capital of law, at the discretion of the Secretary of Vet- asset acquisition of information technology sys- SEC. 207. Appropriations available in this title shall be available to pay prior year obligations erans Affairs, proceeds or revenues derived from tems, including management and related con- enhanced-use leasing activities (including dis- tractual costs of said acquisitions, including of corresponding prior year appropriations ac- counts resulting from sections 3328(a), 3334, and posal) may be deposited into the ‘‘Construction, contractual costs associated with operations au- major projects’’ and ‘‘Construction, minor thorized by chapter 3109 of title 5, United States 3712(a) of title 31, United States Code, except that if such obligations are from trust fund ac- projects’’ accounts and be used for construction Code, $1,255,900,000, to remain available until (including site acquisition and disposition), al- September 30, 2008: Provided, That none of these counts they shall be payable from ‘‘Compensa- tion and pensions’’. terations and improvements of any medical fa- funds may be obligated until the Department of cility under the jurisdiction or for the use of the Veterans Affairs submits to the Committees on SEC. 208. Notwithstanding any other provision of law, during fiscal year 2007, the Secretary of Department of Veterans Affairs. Such sums as Appropriations of both Houses of Congress, and realized are in addition to the amount provided such Committees approve, a plan for expendi- Veterans Affairs shall, from the National Serv- ice Life Insurance Fund (38 U.S.C. 1920), the for in ‘‘Construction, major projects’’ and ‘‘Con- ture that: (1) meets the capital planning and in- struction, minor projects’’. vestment control review requirements established Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United States Government SEC. 214. Amounts made available under by the Office of Management and Budget; (2) ‘‘Medical services’’ are available— complies with the Department of Veterans Af- Life Insurance Fund (38 U.S.C. 1955), reimburse the ‘‘General operating expenses’’ account for (1) for furnishing recreational facilities, sup- fairs enterprise architecture; (3) conforms with plies, and equipment; and an established enterprise life cycle methodology; the cost of administration of the insurance pro- grams financed through those accounts: Pro- (2) for funeral expenses, burial expenses, and and (4) complies with the acquisition rules, re- other expenses incidental to funerals and bur- quirements, guidelines, and systems acquisition vided, That reimbursement shall be made only from the surplus earnings accumulated in an in- ials for beneficiaries receiving care in the De- management practices of the Federal Govern- partment. ment: Provided further, That within 60 days of surance program in fiscal year 2007 that are (INCLUDING TRANSFER OF FUNDS) enactment of this Act, the Secretary of Veterans available for dividends in that program after SEC. 215. Such sums as may be deposited to Affairs shall submit to the Committees on Ap- claims have been paid and actuarially deter- the Medical Care Collections Fund pursuant to propriations of both Houses of Congress a re- mined reserves have been set aside: Provided section 1729A of title 38, United States Code, programming base letter which provides, by further, That if the cost of administration of an may be transferred to ‘‘Medical services’’, to re- project, the costs included in this appropriation. insurance program exceeds the amount of sur- plus earnings accumulated in that program, re- main available until expended for the purposes ADMINISTRATIVE PROVISIONS imbursement shall be made only to the extent of of this account. (INCLUDING TRANSFER OF FUNDS) such surplus earnings: Provided further, That SEC. 216. Notwithstanding any other provision SEC. 201. Any appropriation for fiscal year the Secretary shall determine the cost of admin- of law, the Secretary of Veterans Affairs shall 2007, in this Act or any other Act, for ‘‘Com- istration for fiscal year 2007 which is properly allow veterans eligible under existing Depart- pensation and pensions’’, ‘‘Readjustment bene- allocable to the provision of each insurance pro- ment of Veterans Affairs medical care require- fits’’, and ‘‘Veterans insurance and indem- gram and to the provision of any total disability ments and who reside in Alaska to obtain med- nities’’ may be transferred as necessary to any income insurance included in such insurance ical care services from medical facilities sup- other of the mentioned appropriations: Pro- program. ported by the Indian Health Service or tribal or- vided, That before a transfer may take place, SEC. 209. Amounts deducted from enhanced- ganizations. The Secretary shall: (1) limit the the Secretary of Veterans Affairs shall request use lease proceeds to reimburse an account for application of this provision to rural Alaskan from the Committees on Appropriations of both expenses incurred by that account during a veterans in areas where an existing Department Houses of Congress the authority to make the prior fiscal year for providing enhanced-use of Veterans Affairs facility or Veterans Affairs- transfer and an approval is issued, or absent a lease services, may be obligated during the fiscal contracted service is unavailable; (2) require response, a period of 30 days has elapsed. year in which the proceeds are received. participating veterans and facilities to comply

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with all appropriate rules and regulations, as (2) A current assessment of the master plan. SEC. 231. (a) INCREASE IN THRESHOLD FOR established by the Secretary; (3) require this (3) Any proposal of the Department for a vet- MAJOR MEDICAL FACILITY PROJECTS.—Section provision to be consistent with Capital Asset Re- erans park on the lands referred to in subsection 8104(a)(3)(A) of title 38, United States Code, is alignment for Enhanced Services activities; and (a), and an assessment of each such proposal. amended by striking ‘‘$7,000,000’’ and inserting (4) result in no additional cost to the Depart- (4) Any proposal to use a portion of those ‘‘$10,000,000’’. ment of Veterans Affairs or the Indian Health lands as dedicated green space, and an assess- (b) EFFECTIVE DATE.—The amendment made Service. ment of each such proposal. by subsection (a) shall take effect on October 1, (INCLUDING TRANSFER OF FUNDS) (c) ALTERNATIVE REPORT ELEMENT.—If a mas- 2006, and shall apply with respect to fiscal years SEC. 217. Such sums as may be deposited to ter plan referred to in subsection (a) does not beginning on or after that date. the Department of Veterans Affairs Capital exist as of the date of enactment of this Act, the SEC. 232. Notwithstanding any other provision Asset Fund pursuant to section 8118 of title 38, Secretary shall set forth in the report under that of law, the Secretary is authorized to carry out United States Code, may be transferred to the subsection, in lieu of the matters specified in major medical facility projects and leases for ‘‘Construction, major projects’’ and ‘‘Construc- paragraphs (1) and (2) of subsection (b), a plan which any funds have been appropriated under tion, minor projects’’ accounts, to remain avail- for the development of a master plan for the use this Act or any other Act. Further, for major able until expended for the purposes of these ac- of the lands referred to in subsection (a) during medical facility projects authorized under Pub- counts. the period beginning on the date of the enact- lic Law 108–170, the Secretary may carry out SEC. 218. None of the funds available to the ment of this Act and ending 25 years later and contracts through September 30, 2007, including Department of Veterans Affairs, in this Act, or during the period beginning on the date of the land purchase on projects for which Phase I de- any other Act, may be used for payment for E- enactment of this Act and ending 50 years later. sign has been authorized. Gov initiatives. The master plan referred to in subsection (a) SEC. 233. Of the amount appropriated by this SEC. 219. None of the funds made available in shall be completed prior to the adoption of the title under the heading ‘‘VETERANS HEALTH AD- this Act may be used to implement any policy Capital Asset Realignment for Enhanced Serv- MINISTRATION’’, up to $1,000,000 shall be avail- prohibiting the Directors of the Veterans Inte- ices (CARES) plan for that property, or prior to able for the Office of Inspector General. grated Service Networks from conducting out- the issuance of any enhanced use lease on the SEC. 234. (a) COLOCATION OF COMMUNITY reach or marketing to enroll new veterans with- subject property. The CARES plan for the sub- BASED OUTPATIENT CLINIC WITH WAGNER IN- in their respective Networks. ject property shall be consistent with the master DIAN HEALTH SERVICE UNIT, WAGNER, SOUTH SEC. 220. The Secretary of Veterans Affairs plan required by this section. DAKOTA.—No amount appropriated or otherwise shall submit to the Committees on Appropria- (d) LIMITATIONS ON IMPLEMENTATION.— made available for the Department of Veterans tions of both Houses of Congress a quarterly re- (1) IN GENERAL.—The Secretary may not im- Affairs by this title may be obligated or ex- port on the financial status of the Veterans plement any portion of the master plan referred pended to implement a business plan of Vet- Health Administration. to in subsection (a) until 120 days after the date erans Integrated Service Network 23 (VISN 23) of the receipt by the Committees on Appropria- (INCLUDING TRANSFER OF FUNDS) for the implementation a Community Based tions of the Senate and the House of Represent- Outpatient Clinic (CBOC) in Wagner, South SEC. 221. Amounts made available under the atives of the report required by that subsection. ‘‘Medical services’’, ‘‘Medical facilities’’, ‘‘Gen- Dakota, unless such business plan contains an (2) ACTIONS OTHER THAN DIRECT VETERANS eral operating expenses’’, and ‘‘National Ceme- evaluation and an analysis of the prospect of SERVICES.—In the case of any portion of the tery Administration’’ accounts for fiscal year colocating such Community Based Outpatient master plan referred to in subsection (a) that Clinic with the Wagner Indian Health Service 2007, may be transferred to or from the ‘‘Infor- does not relate exclusively to direct veterans mation technology systems’’ account: Provided, unit in Wagner, South Dakota. services on the site referred to in subsection (a), (b) AVAILABILITY OF AMOUNTS FOR EMER- That before a transfer may take place, the Sec- the Secretary may not carry out such portion of GENCY ROOM SERVICES AT WAGNER INDIAN retary of Veterans Affairs shall request from the the master plan without the approval of the HEALTH SERVICE UNIT.—Of the amount appro- Committees on Appropriations of both Houses of Committees on Appropriations of the Senate and priated or otherwise made available to the De- Congress the authority to make the transfer and the House of Representatives. partment of Veterans Affairs by this title under an approval is issued. (e) EXEMPTIONS.—Nothing contained in this the heading ‘‘MEDICAL FACILITIES’’, at the dis- (INCLUDING TRANSFER OF FUNDS) provision shall prevent the Department of Vet- cretion of the Secretary of the Department of SEC. 222. For purposes of perfecting the fund- erans Affairs from providing maintenance, serv- Veterans Affairs up to $500,000 may be available ing sources of the Department of Veterans Af- ice or programs consistent with the mission of for emergency room services at the Wagner In- fairs’ new ‘‘Information technology systems’’ the Department. dian Health Service unit pending implementa- account, funds made available for fiscal year SEC. 227. None of the funds available to the tion of a business plan meeting the requirements 2007, in this or any other Act, may be trans- Department of Veterans Affairs, in this Act, or in subsection (a). ferred from the ‘‘General operating expenses’’, any other Act, may be used to replace the cur- SEC. 235. (a) STUDY ON COSTS OF COMPREHEN- ‘‘National Cemetery Administration’’, and ‘‘Of- rent system by which the Veterans Integrated SIVE SERVICE PROGRAMS FOR HOMELESS VET- fice of Inspector General’’ accounts to the Services Networks select and contract for diabe- ERANS.—The Secretary of Veterans Affairs shall ‘‘Medical services’’ account: Provided, That be- tes monitoring supplies and equipment. carry out a study of costs associated with the fore a transfer may take place, the Secretary of SEC. 228. The major medical facility project for Comprehensive Service Programs authorized by Veterans Affairs shall request from the Commit- a Department of Veterans Affairs Medical Cen- sections 2011 and 2012 of title 38 United States tees on Appropriations of both Houses of Con- ter in New Orleans, Louisiana, for which funds Code. gress the authority to make the transfer and an were appropriated for the Department of Vet- (b) REPORT.—Not later than 120 days after the approval is issued. erans Affairs for the ‘‘Construction, major date of the enactment of this Act, the Secretary (INCLUDING TRANSFER OF FUNDS) projects’’ account in Public Law 109–234 and shall submit to the Committees on Veterans’ Af- SEC. 223. Amounts made available for the ‘‘In- Public Law 109–148 shall be treated for purposes fairs and Appropriations of the Senate and the formation technology systems’’ account may be of section 8104(b) of title 38, United States Code, Committees on Veterans’ Affairs and Appropria- transferred between projects: Provided, That no as a major medical facility project that has been tions of the House of Representatives a report project may be increased or decreased by more specifically authorized by law, and the Sec- on the study required by subsection (a). The re- than $1,000,000 of cost prior to submitting a re- retary of Veterans Affairs may obligate and ex- port shall set forth the following: quest to the Committees on Appropriations of pend amounts so appropriated for that account (1) The number of authorized and operational both Houses of Congress to make the transfer for that project for the purchase of a site includ- transitional housing beds and service centers and an approval is issued, or absent a response, ing property exchange for, and new construc- under the programs referred to in subsection (a) a period of 30 days has elapsed. tion, restoration, or replacement of, the Depart- in fiscal year 2006, and the number of such beds SEC. 224. No funds in this Act may be depos- ment of Veterans Affairs Medical Center in New and centers in each State and in each Congres- ited into the DOD/VA Health Care Sharing In- Orleans, Louisiana. sional District during such fiscal year. centive Fund. SEC. 229. Of the amount appropriated by this (2) The cost in fiscal year 2006 of grants under SEC. 225. The authority provided by section title, up to $18,000,000 may be available for nec- section 2011 of title 38, United States Code, to 2011 of title 38, United States Code, shall con- essary expenses, including salaries and ex- authorized and operational transitional housing tinue in effect through September 30, 2007. penses, for the provision of additional mental beds and service centers under the programs re- SEC. 226. REPORT ON USE OF LANDS AT WEST health services through centers for readjustment ferred to in that subsection. LOS ANGELES DEPARTMENT OF VETERANS AF- counseling and related mental health services (3) The cost in fiscal year 2006 of per diem FAIRS MEDICAL CENTER. (a) REPORT.— The Sec- for veterans under section 1712A of title 38, payments under section 2012 of title 38 United retary of Veterans Affairs shall submit to Con- United States Code (commonly referred to as States Code, to authorized and operational tran- gress a report on the master plan of the Depart- ‘‘Vet Centers’’), to veterans who served in com- sitional housing beds and service centers under ment of Veterans Affairs relating to the use of bat in Iraq or Afghanistan. the programs referred to in that subsection. Department lands at the West Los Angeles De- SEC. 230. Not later than 60 days after the date (4) The number of applications received, partment of Veterans Medical Center, Cali- of the enactment of this Act, the Secretary of scored as qualified, and awarded pursuant to fornia. Veterans Affairs shall submit to the Committee the Capital Grant Notice of Funds Availability (b) REPORT ELEMENTS.—The report under sub- on Appropriations of the Senate and the Com- published on April 20, 2006. section (a) shall set forth the following: mittee on Appropriations of the House of Rep- (5) The range of per diem payment rates, the (1) The master plan referred to in that sub- resentatives a report on the actions taken by the average per diem payment rate, and the median section, if such a plan currently exists. Secretary to test veterans for vestibular damage. per diem payment rate paid to recipients of

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00117 Fmt 4637 Sfmt 6333 E:\CR\FM\A16NO6.077 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11094 CONGRESSIONAL RECORD — SENATE November 16, 2006 grants under section 2012 of title 38, United (b) Of the amount appropriated under the digital network technology, wireless technology, States Code, in fiscal year 2006. heading ‘‘United States Court of Appeals for and infrastructure to further the objective of the (6) The number and percentage of total recipi- Veterans Claims, Salaries and Expenses’’, in the Program described in paragraph (1); ents of grants under section 2011 of title 38 Military Quality of Life, Military Construction, ‘‘(B) to develop and provide training, edu- United States Code, in fiscal year 2006 being and Veterans Affairs Appropriations Act, 2006 cation, and professional development programs, paid under section 2012 of title 38, United States (Public Law 109–114), $500,000 are rescinded. including faculty development, to increase the Code, the rate authorized for State homes for (c) This section shall take effect immediately use of, and usefulness of, digital and wireless domiciliary care under section 1741(a)(1)(A) of upon enactment of this Act. networking technology; that title for fiscal year 2006. TITLE IV ‘‘(C) to provide teacher education, including TITLE III the provision of preservice teacher training and GENERAL PROVISIONS in-service professional development at eligible RELATED AGENCIES SEC. 401. No part of any appropriation con- institutions, library and media specialist train- AMERICAN BATTLE MONUMENTS tained in this Act shall remain available for ob- ing, and preschool and teacher aid certification COMMISSION ligation beyond the current fiscal year unless to individuals who seek to acquire or enhance SALARIES AND EXPENSES expressly so provided herein. technology skills in order to use digital and SEC. 402. Such sums as may be necessary for For necessary expenses, not otherwise pro- wireless networking technology in the classroom fiscal year 2007 pay raises for programs funded vided for, of the American Battle Monuments or instructional process, including instruction in by this Act shall be absorbed within the levels Commission, including the acquisition of land or science, mathematics, engineering, and tech- appropriated in this Act. interest in land in foreign countries; purchases nology subjects; and SEC. 403. None of the funds made available in and repair of uniforms for caretakers of na- ‘‘(D) to foster the use of digital and wireless this Act may be used for any program, project, tional cemeteries and monuments outside of the networking technology to improve research and or activity, when it is made known to the Fed- United States and its territories and possessions; education, including scientific, mathematics, en- eral entity or official to which the funds are rent of office and garage space in foreign coun- gineering, and technology instruction. made available that the program, project, or ac- ‘‘(3) APPLICATION AND REVIEW PROCEDURES.— tries; purchase (one-for-one replacement only) tivity is not in compliance with any Federal law ‘‘(A) IN GENERAL.—To be eligible to receive a and hire of passenger motor vehicles; not to ex- relating to risk assessment, the protection of pri- grant, cooperative agreement, or contract under ceed $7,500 for official reception and representa- vate property rights, or unfunded mandates. this subsection, an eligible institution shall sub- tion expenses; and insurance of official motor SEC. 404. No part of any funds appropriated mit an application to the Under Secretary at vehicles in foreign countries, when required by in this Act shall be used by an agency of the ex- such time, in such manner, and containing such law of such countries, $37,088,000, to remain ecutive branch, other than for normal and rec- information as the Under Secretary may require. available until expended. ognized executive-legislative relationships, for Such application, at a minimum, shall include a FOREIGN CURRENCY FLUCTUATIONS publicity or purposes, and for the description of how the funds will be used, in- For necessary expenses, not otherwise pro- preparation, distribution or use of any kit, pam- cluding a description of any digital and wireless vided for, of the American Battle Monuments phlet, booklet, publication, radio, television or networking technology to be acquired, and a de- Commission, $4,900,000, to remain available until film presentation designed to support or defeat scription of how the institution will ensure that expended, for purposes authorized by section legislation pending before Congress, except in digital and wireless networking will be made ac- 2109 of title 36, United States Code. presentation to Congress itself. cessible to, and employed by, students, faculty, UNITED STATES COURT OF APPEALS FOR SEC. 405. All departments and agencies funded and administrators. The Under Secretary, con- VETERANS CLAIMS under this Act are encouraged, within the limits sistent with subparagraph (B), shall establish of the existing statutory authorities and fund- procedures to review such applications. The SALARIES AND EXPENSES ing, to expand their use of ‘‘E-Commerce’’ tech- Under Secretary shall publish the application For necessary expenses for the operation of nologies and procedures in the conduct of their requirements and review criteria in the Federal the United States Court of Appeals for Veterans business practices and public service activities. Register, along with a statement describing the Claims as authorized by sections 7251–7298 of SEC. 406. None of the funds made available in availability of funds. title 38, United States Code, $19,790,000: Pro- this Act may be transferred to any department, ‘‘(B) REVIEW PANELS.—Each application sub- vided, That $1,260,000 shall be available for the agency, or instrumentality of the United States mitted under this subsection by an eligible insti- purpose of providing financial assistance as de- Government except pursuant to a transfer made tution shall be reviewed by a panel of individ- scribed, and in accordance with the process and by, or transfer authority provided in, this Act or uals selected by the Under Secretary to judge reporting procedures set forth, under this head- any other appropriations Act. the quality and merit of the proposal, including ing in Public Law 102–229. SEC. 407. Unless stated otherwise, all reports the extent to which the eligible institution can DEPARTMENT OF DEFENSE—CIVIL and notifications required by this Act shall be effectively and successfully utilize the proposed CEMETERIAL EXPENSES, ARMY submitted to the Subcommittee on Military grant, cooperative agreement, or contract to Quality of Life and Veterans Affairs, and Re- carry out the program described in paragraph SALARIES AND EXPENSES lated Agencies of the Committee on Appropria- (1). The Under Secretary shall ensure that the For necessary expenses, as authorized by law, tions of the House of Representatives and the review panels include representatives of minor- for maintenance, operation, and improvement of Subcommittee on Military Construction and Vet- ity serving institutions and others who are Arlington National Cemetery and Soldiers’ and erans Affairs, and Related Agencies of the Com- knowledgeable about eligible institutions and Airmen’s Home National Cemetery, including mittee on Appropriations of the Senate. digital and wireless networking technology. The the purchase of two passenger motor vehicles for Under Secretary shall ensure that no individual replacement only, and not to exceed $1,000 for TITLE V—DIGITAL AND WIRELESS TECHNOLOGY assigned under this subsection to review any ap- official reception and representation expenses, plication has a conflict of interest with regard $26,550,000, to remain available until expended. SEC. 501. SHORT TITLE. to that application. The Under Secretary shall In addition, such sums as may be necessary for This title may be cited as the ‘‘Minority Serv- take into consideration the recommendations of parking maintenance, repairs and replacement, ing Institution Digital and Wireless Technology the review panel in determining whether to to be derived from the Lease of Department of Opportunity Act of 2006’’. award a grant, cooperative agreement, or con- Defense Real Property for Defense Agencies ac- SEC. 502. ESTABLISHMENT OF PROGRAM. tract to an eligible institution. count. Section 5 of the Stevenson-Wydler Technology ‘‘(C) MATCHING REQUIREMENT.—The Under ARMED FORCES RETIREMENT HOME Innovation Act of 1980 (15 U.S.C. 3704) is Secretary may not award a grant, cooperative For expenses necessary for the Armed Forces amended by inserting the following after sub- agreement, or contract to an eligible institution Retirement Home to operate and maintain the section (f): under this subsection unless such institution Armed Forces Retirement Home—Washington, ‘‘(g) MINORITY SERVING INSTITUTION DIGITAL agrees that, with respect to the costs incurred by District of Columbia and the Armed Forces Re- AND WIRELESS TECHNOLOGY OPPORTUNITY PRO- the institution in carrying out the program for tirement Home—Gulfport, Mississippi, to be paid GRAM.— which the grant, cooperative agreement, or con- from funds available in the Armed Forces Re- ‘‘(1) IN GENERAL.—The Secretary, acting tract was awarded, such institution shall make tirement Home Trust Fund, $54,846,000. through the Under Secretary, shall establish a available, directly, or through donations from Minority Serving Institution Digital and Wire- ADMINISTRATIVE PROVISIONS public or private entities, non-Federal contribu- less Technology Opportunity Program to assist tions in an amount equal to one-quarter of the SEC. 301. None of the funds in this title under eligible institutions in acquiring, and aug- grant, cooperative agreement, or contract the heading ‘‘American Battle Monuments Com- menting their use of, digital and wireless net- awarded by the Under Secretary, or $500,000, mission’’ shall be available for the Capital Secu- working technologies to improve the quality and whichever is the lesser amount. The Under Sec- rity Costs Sharing program. delivery of educational services at eligible insti- retary shall waive the matching requirement for (INCLUDING RESCISSION OF FUNDS) tutions. any institution or consortium with no endow- SEC. 302. (a) For an additional amount for ‘‘(2) AUTHORIZED ACTIVITIES.—An eligible in- ment, or an endowment that has a current dol- ‘‘United States Court of Appeals for Veterans stitution may use a grant, cooperative agree- lar value lower than $50,000,000. Claims, Salaries and Expenses’’, $500,000, to re- ment, or contract awarded under this sub- ‘‘(D) AWARDS.— main available until expended, for implementa- section— ‘‘(i) LIMITATION.—An eligible institution that tion of the Appellate Case Management Elec- ‘‘(A) to acquire equipment, instrumentation, receives a grant, cooperative agreement, or con- tronic Case Files System. networking capability, hardware and software, tract under this subsection that exceeds

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00118 Fmt 4637 Sfmt 6333 E:\CR\FM\A16NO6.077 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11095 $2,500,000 shall not be eligible to receive another ‘‘(IV) an Alaska Native-serving institution SECTION 1. ROBERT SILVEY DEPARTMENT OF grant, cooperative agreement, or contract. under section 317(b) of the Higher Education VETERANS AFFAIRS OUTPATIENT ‘‘(ii) CONSORTIA.—Grants, cooperative agree- Act of 1965 (20 U.S.C. 1059d(b)); or CLINIC. ments, and contracts may only be awarded to el- ‘‘(V) a Native Hawaiian-serving institution (a) DESIGNATION.—The outpatient clinic of igible institutions. Eligible institutions may seek under section 317(b) of the Higher Education the Department of Veterans Affairs located funding under this subsection for consortia Act of 1965 (20 U.S.C. 1059d(b)). in Farmington, Missouri, shall be known and which may include other eligible institutions, a ‘‘(iii) INSTITUTION OF HIGHER EDUCATION.— designated as the ‘‘Robert Silvey Depart- State or a State educational agency, local edu- The term ‘institution of higher education’ has ment of Veterans Affairs Outpatient Clinic’’. cational agencies, institutions of higher edu- the meaning given the term in section 101 of the (b) REFERENCES.—Any reference in a law, cation, community-based organizations, na- Higher Education Act of 1965 (20 U.S.C. 1001). map, regulation, document, paper, or other tional nonprofit organizations, or businesses, in- ‘‘(iv) LOCAL EDUCATIONAL AGENCY.—The term record of the United States to the facility re- cluding minority businesses. ‘local educational agency’ has the meaning ferred to in subsection (a) shall be deemed to ‘‘(iii) PLANNING GRANTS.—The Under Sec- given the term in section 9101 of the Elementary be a reference to the ‘‘Robert Silvey Depart- retary may provide funds to develop strategic and Secondary Education Act of 1965 (20 U.S.C. ment of Veterans Affairs Outpatient Clinic’’. plans to implement such grants, cooperative 7801). f agreements, or contracts. ‘‘(v) MINORITY BUSINESS.—The term ‘minority ‘‘(iv) INSTITUTIONAL DIVERSITY.—In awarding business’ includes HUBZone small business con- AUTHORIZING THE MAJORITY grants, cooperative agreements, and contracts to cerns (as defined in section 3(p) of the Small LEADER AND ONE STAFF MEM- eligible institutions, the Under Secretary shall Business Act (15 U.S.C. 632(p)). BER TO TRAVEL TO MEXICO FOR ensure, to the extent practicable, that awards ‘‘(vi) MINORITY INDIVIDUAL.—The term ‘mi- THE INAUGURATION OF THE are made to all types of institutions eligible for nority individual’ means an American Indian, NEW PRESIDENT OF MEXICO assistance under this subsection. Alaskan Native, Black (not of Hispanic origin), SCHEDULED FOR DECEMBER 2, ‘‘(v) NEED.—In awarding funds under this Hispanic (including persons of Mexican, Puerto subsection, the Under Secretary shall give pri- Rican, Cuban and Central or South American 2006 ority to the institution with the greatest dem- origin), or Pacific Islander individual. Mr. FRIST. Mr. President, I ask onstrated need for assistance. ‘‘(vii) STATE.—The term ‘State’ has the mean- unanimous consent that the Senate ‘‘(E) ANNUAL REPORT AND EVALUATION.— ing given the term in section 9101 of the Elemen- now proceed to the consideration of S. ‘‘(i) ANNUAL REPORT REQUIRED FROM RECIPI- tary and Secondary Education Act of 1965 (20 Res. 616, which was submitted earlier ENTS.—Each institution that receives a grant, U.S.C. 7801). cooperative agreement, or contract awarded ‘‘(viii) STATE EDUCATIONAL AGENCY.—The term today. under this subsection shall provide an annual ‘State educational agency’ has the meaning The PRESIDING OFFICER. The report to the Under Secretary on its use of the given the term in section 9101 of the Elementary clerk will report the resolution by grant, cooperative agreement, or contract. and Secondary Education Act of 1965 (20 U.S.C. title. ‘‘(ii) INDEPENDENT ASSESSMENT.—Not later 7801).’’. The legislative clerk read as follows: than 6 months after the date of enactment of SEC. 503. AUTHORIZATION OF APPROPRIATIONS. A resolution (S. Res. 616) authorizing the this subsection, the Under Secretary shall enter There are authorized to be appropriated to the Majority Leader and one staff member to into a contract with the National Academy of Technology Administration of the Department travel to Mexico for the inauguration of the Public Administration to conduct periodic as- of Commerce to carry out section 5(g) of the Ste- new President of Mexico scheduled for De- sessments of the program. The Assessments shall venson-Wydler Technology Innovation Act of cember 2, 2006. be conducted once every 3 years during the 10- 1980 such sums as may be necessary for each of year period following the enactment of this sub- the fiscal years 2007 through 2010. Mr. FRIST. Mr. President, I ask section. The assessments shall include an eval- This Act may be cited as the ‘‘Military Con- unanimous consent that the resolution uation of the effectiveness of the program in im- struction and Veterans Affairs and Related be agreed to and the motion to recon- proving the education and training of students, Agencies Appropriations Act, 2007’’. sider be laid upon the table. faculty and staff at eligible institutions that Amend the title so as to read: ‘‘An Act The PRESIDING OFFICER. Without have been awarded grants, cooperative agree- making appropriations for Military Con- objection, it is so ordered. ments, or contracts under the program; an eval- struction and Veterans Affairs, and Related The resolution (S. Res. 616) was uation of the effectiveness of the program in im- Agencies for the fiscal year ending Sep- proving access to, and familiarity with, digital tember 30, 2007, and for other purposes.’’. agreed to, as follows: S. RES. 616 and wireless networking technology for stu- f dents, faculty, and staff at all eligible institu- Resolved, That the Majority Leader and one tions; an evaluation of the procedures estab- ROBERT SILVEY DEPARTMENT OF staff member are authorized to travel to lished under subparagraph (A); and rec- VETERANS AFFAIRS OUT- Mexico for the inauguration of the new ommendations for improving the program, in- PATIENT CLINIC President of Mexico scheduled for December cluding recommendations concerning the con- 2, 2006. tinuing need for Federal support. In carrying Mr. FRIST. Mr. President, I ask f out its assessments, the National Academy of unanimous consent that the Senate Public Administration shall review the reports proceed to the immediate consider- PAINT BANK AND WYTHEVILLE submitted to the Under Secretary under clause ation of S. 4073 introduced earlier NATIONAL FISH HATCHERIES (i). today. CONVEYANCE ACT ‘‘(iii) REPORT TO CONGRESS.—Upon completion The PRESIDING OFFICER. The Mr. FRIST. Mr. President, I ask of each independent assessment carried out clerk will report the bill by title. under clause (ii), the Under Secretary shall The legislative clerk read as follows: unanimous consent that the Senate transmit the assessment to Congress along with proceed to the immediate consider- A bill (S. 4073) to designate the outpatient a summary of the Under Secretary’s plans, if ation of Calendar No. 621, H.R. 5061. any, to implement the recommendations of the clinic of the Department of Veterans Affairs located in Farmington, Missouri, as the The PRESIDING OFFICER. The National Academy of Public Administration. clerk will report the bill by title. ‘‘(F) DEFINITIONS.—In this subsection: ‘‘Robert Silvey Department of Veterans Af- ‘‘(i) DIGITAL AND WIRELESS NETWORKING TECH- fairs Outpatient Clinic.’’ The legislative clerk read as follows: NOLOGY.—The term ‘digital and wireless net- There being no objection, the Senate A bill (H.R. 5061) to direct the Secretary of working technology’ means computer and com- proceeded to consider the bill. the Interior to convey Paint Bank National munications equipment and software that facili- Mr. FRIST. Mr. President, I ask Fish Hatchery and Wytheville National Fish tates the transmission of information in a digital unanimous consent the bill be read the Hatchery to the State of Virginia. format. third time and passed, the motion to There being no objection, the Senate ‘‘(ii) ELIGIBLE INSTITUTION.—The term ‘eligible proceeded to consider the bill. institution’ means an institution that is— reconsider be laid upon the table, and ‘‘(I) a historically Black college or university any statements relating to the bill be Mr. FRIST. Mr. President, I ask that is a part B institution, as defined in section printed in the RECORD. unanimous consent the bill be read the 322(2) of the Higher Education Act of 1965 (20 The PRESIDING OFFICER. Without third time and passed, the motion to U.S.C. 1061(2)), or an institution described in objection, it is so ordered. reconsider be laid upon the table, and section 326(e)(1) of that Act (20 U.S.C. The bill (S. 4073) was ordered to be any statements relating to the bill ap- 1063b(e)(1)); engrossed for a third reading, was read pear at this point in the RECORD. ‘‘(II) a Hispanic-serving institution, as de- The PRESIDING OFFICER. Without fined in section 502(a)(5) of the Higher Edu- the third time and passed, as follows: cation Act of 1965 (20 U.S.C. 1101a(a)(5)); S. 4073 objection, it is so ordered. ‘‘(III) a tribally controlled college or univer- Be it enacted by the Senate and House of Rep- The bill (H.R. 5061) was ordered to a sity, as defined in section 316(b)(3) of the Higher resentatives of the United States of America in third reading, was read the third time, Education Act of 1965 (20 U.S.C. 1059c(b)(3)); Congress assembled, and passed.

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00119 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.077 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11096 CONGRESSIONAL RECORD — SENATE November 16, 2006 AMENDING THE FEDERAL WATER Girls School in Smyth County, Virginia, NAMING THE ARMED FORCES POLLUTION CONTROL ACT TO which is currently owned by the United READINESS CENTER IN GREAT REAUTHORIZE A PROGRAM RE- States and administered by the Forest Serv- FALLS, MONTANA, IN HONOR OF LATING TO THE LAKE PONT- ice, to facilitate the restoration and reuse of CAPTAIN WILLIAM WYLIE GALT, the property, and for other purposes. CHARTRAIN BASIN A RECIPIENT OF THE CONGRES- There being no objection, the Senate SIONAL MEDAL OF HONOR Mr. FRIST. Mr. President, I ask proceeded to consider the bill. unanimous consent that the Senate Mr. FRIST. I ask unanimous consent Mr. FRIST. I ask unanimous consent proceed to the immediate consider- the bill be read a third time and the Committee on Armed Services be ation of Calendar No. 663, H.R. 6121. passed, the motion to reconsider be discharged from further consideration The PRESIDING OFFICER. The laid upon the table, and any state- of S. 3759, and the Senate proceed to its clerk will report the bill by title. ments be printed in the RECORD. immediate consideration. The legislative clerk read as follows: The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without A bill (H.R. 6121) to amend the Federal objection, it is so ordered. objection, it is so ordered. The clerk Water Pollution Control Act to reauthorize a The bill (H.R. 5103) was ordered to a will report the bill by title. program relating to the Lake Pontchartrain The legislative clerk read as follows: Basin, and for other purposes. third reading, was read the third time, and passed. A bill (S. 3759) to name the Armed Forces There being no objection, the Senate Readiness Center in Great Falls, Montana, in proceeded to consider the bill. f honor of Captain William Wylie Galt, a re- Mr. FRIST. I ask unanimous consent cipient of the Congressional Medal of Honor. that the bill be read the third time and OUACHITA NATIONAL FOREST There being no objection, the Senate passed, the motion to reconsider be BOUNDARY ADJUSTMENT ACT proceeded to consider the bill. laid upon the table, and any state- OF 2006 Mr. FRIST. I ask unanimous consent ments relating to the bill be printed in the bill be read a third time and Mr. FRIST. I ask unanimous consent the RECORD. passed, the motion to reconsider be the Senate now proceed to H.R. 5690 The PRESIDING OFFICER. Without laid on the table, and any statements just received from the House and at the objection, it is so ordered. be printed in the RECORD. desk. The bill (H.R. 6121) was ordered to a The PRESIDING OFFICER. Without The PRESIDING OFFICER. The third reading, was read the third time, objection, it is so ordered. clerk will report the bill by title. and passed. The bill (S. 3759) was ordered to be The legislative clerk read as follows: f engrossed for a third reading, was read A bill (H.R. 5690) to adjust the boundaries the third time, and passed, as follows: PROVIDING FOR THE CONVEYANCE of the Ouachita National Forest in the (The bill will be printed in a future OF CERTAIN NATIONAL FOREST States of Oklahoma and Arkansas. edition of the RECORD.) SYSTEM LAND TO THE TOWNS There being no objection, the Senate f OF LAONA AND WABENO, WIS- proceeded to consider the bill. CONSIN Mr. FRIST. I ask unanimous consent FAMILY ABDUCTION PREVENTION Mr. FRIST. Mr. President, I ask the bill be read a third time and ACT OF 2005 unanimous consent the Senate proceed passed, the motion to reconsider be Mr. FRIST. I ask unanimous consent to the immediate consideration of H.R. laid on the table, and any statements the Judiciary Committee be discharged 4559 just received from the House and be printed in the RECORD. from further consideration of S. 994 and at the desk. The PRESIDING OFFICER. Without the Senate proceed to its immediate The PRESIDING OFFICER. The objection, it is so ordered. consideration. clerk will report the bill by title. The bill (H.R. 5690) was ordered to a The PRESIDING OFFICER. Without The legislative clerk read as follows: third reading, was read the third time, objection, it is so ordered. The clerk A bill (H.R. 4559) to provide for the convey- and passed. will report the bill by title. ance of certain National Forest System land The legislative clerk read as follows: f to the towns of Laona and Wabeno, Wis- A bill (S. 994) to authorize the Attorney consin, and for other purposes. General to make grants to improve the abil- AUTHORIZING THE PRINTING AS A The PRESIDING OFFICER. There ity of State and local governments to pre- HOUSE DOCUMENT OF ‘‘A HIS- being no objection, the Senate pro- vent the abduction of children by family TORY, COMMITTEE ON THE JUDI- ceeded to consider the bill. members, and for other purposes. CIARY, UNITED STATES HOUSE Mr. FRIST. I ask unanimous consent There being no objection, the Senate OF REPRESENTATIVES, 1813–2006’’ that the bill be read the third time and proceeded to consider the bill. passed, a motion to reconsider be laid Mr. FRIST. I ask unanimous consent Mrs. FEINSTEIN. Mr. President, on upon the table, and any statements re- the Senate proceed to the immediate October 26, 2006, the Esperanza fire en- lating to the bill be printed in the consideration of H. Con. Res. 423, which gulfed five firefighters dispatched to RECORD. was received from the House. battle an uncontrollable blaze. All five The PRESIDING OFFICER. Without The PRESIDING OFFICER. The firefighters died as a result. objection, it is so ordered. clerk will report the concurrent resolu- Before it was extinguished, the fire The bill (H.R. 4559) was ordered to a tion by title. consumed more than 40,000 acres of the third reading, was read the third time, The legislative clerk read as follows: southern California foothills and de- and passed. A concurrent resolution (H. Con. Res. 423) stroyed more than 30 homes. But while f authorizing the printing as a House docu- the forests will eventually return and ment of ‘‘A History, Committee on the Judi- the homes will be rebuilt, we can never PROVIDING FOR THE CONVEYANCE ciary, United States House of Representa- reclaim the lives of our fallen fire- OF THE FORMER KONNAROCK tives, 1813–2006’’. fighters. LUTHERAN GIRLS SCHOOL IN There being no objection, the Senate Today I am cosponsoring a resolution SMYTH COUNTY, VIRGINIA proceeded to consider the concurrent with Senator BOXER to honor the fire- Mr. FRIST. Mr. President, I ask resolution. fighters and other public servants who unanimous consent the Senate proceed Mr. FRIST. I ask unanimous consent bravely responded to the Esperanza to the immediate consideration of H.R. the resolution be agreed to, the motion fire. 5103, which was received from the to reconsider be laid upon the table, On November 5, 2006, I delivered a eu- House. and any statements be printed in the logy at the Memorial Service in San The PRESIDING OFFICER. The RECORD. Bernardino, CA, held in honor of the clerk will report the bill by title. The PRESIDING OFFICER. Without five firefighters who lost their lives in The legislative clerk read as follows: objection, it is so ordered. the fire. I believe it is appropriate at A bill (H.R. 5103) to provide for the convey- The concurrent resolution (H. Con. this time to enter these remarks into ance of the former Konnarock Lutheran Res. 423) was agreed to. the CONGRESSIONAL RECORD:

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00120 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.125 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11097 I’m here to express gratitude to the five are over a half million acres of bark beetle ments at the desk be agreed to, the res- brave firefighters who lost their lives in the infested forest. Nestled among these trees olutions as amended, if amended, be battle against the Esperanza fire. are the homes of roughly 150,000 people. agreed to, the preambles as amended, if They gave the ultimate sacrifice. Their The five firefighters who lost their lives amended, be agreed to, and the motions heroism will not be forgotten and so do their and the more than 2,500 firefighters who families’ sacrifice as well. fought this fire had to prevent the flames to reconsider be laid on the table, all My heart goes out to you, mothers and fa- from reaching the bark beetle infested areas, en bloc. thers, sisters and brothers, sons and daugh- which would have likely caused a cata- The PRESIDING OFFICER. Without ters of the five firefighters who perished strophic fire taking with it, whole commu- objection, it is so ordered. from Engine Crew 57: Captain Mark nities and thousands of homes. Loutzenhiser, Jess McLean, Jason McKay, Governor Schwarzenegger, Representatives f Daniel Hoover-Najera, and Pablo Cerda. Lewis, Bono, Baca and I have fought for in- LAWRENCE BERKELEY NATIONAL These five men were on the front lines, creased funding to protect our communities LABORATORY protecting thousands of lives and tens of from hazardous fuels. thousands of acres, when they were over- We must recommit ourselves to this effort The resolution (S. Res. 595) recog- whelmed by the fire’s flames. and remove these dead and dying trees and nizing the Lawrence Berkeley National They are truly heroes. non-native brush that present such a great Laboratory as one of the premier Mark Loutzenhiser, Engine Captain, was 43 fire hazard. science and research institutions of the years old. He had 21 years of service as a fire- And our firefighters must have the tools world was considered and agreed to. fighter. Mark was loved and respected by so and training to do their jobs. many in the Idyllwild community. To the 34 families who lost your homes. I The preamble was agreed to. To Maria, I know little can be said that say this: We will help in any way we can. Our The resolution (S. Res. 595), with its mutes grief and overwhelming loss with one heartfelt feelings are extended to you. preamble, reads as follows: exception—five beautiful children—Mark and To the firefighters here today, we owe you S. RES. 595 Maria’s enduring legacy. no less. Know that we value your service and Whereas the Lawrence Berkeley National To your five children, Jacob, Teesha, Sa- commitment to fire prone communities up Laboratory was founded on August 26, 1931, vannah, and the twins Kyle and Seth, I say and down the state. by Ernest Orlando Lawrence, winner of the this: Your dad was a true hero. He was a Finally, in closing—to the families of these 1939 Nobel Prize in physics for his invention coach, a mentor, a friend. He is great in all five brave firefighters, I offer my sincerest of the cyclotron, a circular particle accel- our eyes. and deepest condolences. My heart is truly erator that opened the door to modern high- And to Mark’s parents, Russ and Polly: with you. energy physics; You can be so proud of his contributions. He Mr. FRIST. I ask unanimous consent Whereas the belief of Mr. Lawrence that made a difference. He leaves a legacy: a a Feinstein amendment, which is at scientific research is best done through grateful community—a wife—five children. the desk, be agreed to, the bill, as Jess McLean, Fire Engine Operator, was 27 teams of individuals with different fields of years old. He had seven years of experience. amended, be read a third time and expertise left a legacy that has yielded rich To his mother, Cecilia: Jess was a thought- passed, the motions to reconsider be dividends for the United States in basic ful young man, a model son. I am so sorry for laid upon the table with no intervening knowledge and applied technology; your loss. action or debate, and any statements Whereas that distinguished legacy of ac- Jess’s wife, Karen: You were married just complishment includes 10 Nobel Laureates be printed in the RECORD. associated with the Lawrence Berkeley Na- three years ago. But those three years are The PRESIDING OFFICER. Without packed with memories, dreams shared and tional Laboratory, and a dozen scientists of objection, it is so ordered. the Lawrence Berkeley National Laboratory you will find new strength because of these The amendment (No. 5192) was agreed years. who have won the National Medal of Science; Jason McKay, Assistant Fire Engine Oper- to, as follows: Whereas, in 2006, the Lawrence Berkeley ator, 27 years old. He had five years of Forest AMENDMENT NO. 5192 National Laboratory continues to be used to conduct research across a wide range of sci- Service experience. On page 1, line 5, strike ‘‘Act of 2005’’ and entific disciplines with key efforts in funda- To Bonnie McKay, Jason’s mother, you insert ‘‘Act of 2006’’. know that Jason lived out his boyhood On page 6, line 1, strike ‘‘fiscal year 2006’’ mental studies of the universe, quantitative dream of becoming a fireman. and all that follows through line 2 and insert biology, nanoscience, new energy systems, To his fiance´, Staci Burger, you know the following: ‘‘fiscal year 2008, and such environmental solutions, and the use of inte- Jason as a brave and decent man. Carry that sums as may be necessary for each of fiscal grated computing as a tool for discovery; with you, always. years 2009 and 2010.’’. Whereas scientists at the Lawrence Berke- Daniel Hoover-Najera, Firefighter, 20 years The bill (S. 994), as amended, was or- ley National Laboratory discovered the revo- lutionary new truth of the accelerating ex- old and in his second season of firefighting. dered to be engrossed for a third read- As a young man, he was determined to one pansion of the universe, are pioneering the day grow up and become a firefighter. ing, was read the third time, and promising new scientific field of synthetic To his mother Gloria Ayala, his stepfather passed, as follows: biology, and are harnessing the secrets of the Efren Ayala, his father and stepmother, Tim (The bill will be printed in a future genome to help solve the grand challenges of and Lisa Hoover, his brother Michael, his sis- edition of the RECORD.) the world; Whereas, through those accomplishments ter Monica, and his grandfather Patrick f Najera, who helped raise him: I say this: and others, including finding the antiproton, Daniel will be missed by all those who knew MEASURES DISCHARGED advancing energy efficiency and conserva- him. He was a passionate young man, full of Mr. FRIST. Mr. President, I ask tion technologies, deciphering the photosyn- thetic process, pioneering the field of nu- many talents, hopes and dreams. He was unanimous consent that appropriate taken too young. But he leaves a strong her- clear medicine, and spearheading the devel- itage—hold onto it. committees be discharged from and the opment of alternative energy sources, sci- Pablo Cerda, 23 years old when he lost his Senate now proceed to the en bloc con- entists of the Lawrence Berkeley National life in his second season with the Forest sideration of the following resolutions: Laboratory have played a critical role in ad- Service. S. Res. 595, S. Res. 596, S. Res. 597, S. vancing the world leadership of the United To his father, Pablo, your son graduated Res. 598, S. Res. 599, S. Res. 600, S. Res. States in fundamental and applied sciences; from Riverside Community College’s fire 601, S. Res. 602, S. Res. 603, S. Res. 604, Whereas the national scientific user facili- academy only last May. He paid his own S. Res. 608, S. Res. 609, S. Res. 611, S. ties of the Lawrence Berkeley National Lab- oratory provide the highest level of sci- way. His services, his terrible burns will not Res. 614, H. Con. Res. 384, S. Con. Res. be forgotten by any of us. entific, engineering, and technical support to And to his older sister, Claudia, your 119, S. Res. 547, H. Con. Res. 175, and S. thousands of scientists each year whose pub- brother Pablo will be remembered for his Con. Res. 101. lished works continue to consistently enrich strength and dedication. Be proud of him al- I further ask that the Senate proceed their respective research fields; ways. to the immediate consideration en bloc Whereas the newest user facility of the The deaths of these five members of the of the following resolutions that were Lawrence Berkeley National Laboratory, the Engine 57 crew represent a tremendous loss introduced earlier today: S. Res. 618, S. Molecular Foundry, opened its doors on for this community, our State, and the na- Res. 619, S. Res. 601, and S. Res. 621. March 24, 2006, to enable the design, syn- tion. There being no objection, the Senate thesis, and characterization of nanoscale ma- As we move forward from this painful trag- terials, thereby opening the door to edy, we must work to protect ourselves from proceeded to consider the resolutions unimagined scientific and technological ad- another fire like. en bloc. vancements; Just a few miles from here, in the moun- Mr. FRIST. Mr. President, I ask Whereas the Advanced Light Source of the tains of the San Bernardino National Forest, unanimous consent that the amend- Lawrence Berkeley National Laboratory is a

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00121 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.084 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11098 CONGRESSIONAL RECORD — SENATE November 16, 2006 national user facility that generates intense Resolved, That the Senate designates Tues- Whereas scholars and educators agree that light for scientific and technological re- day, October 10, 2006, as ‘‘National Fire- people do not automatically develop good search that, among other accomplishments, fighter Appreciation Day’’ to honor and cele- character and that, therefore, conscientious has helped reveal how bacteria resist anti- brate the firefighters of the United States. efforts must be made by institutions and in- biotics, how inexpensive and efficient solar dividuals that influence youth to help young f cells can be fabricated, and how unique sub- people develop the essential traits and char- stances like quasicrystals possess properties NATIONAL HISPANIC MEDIA WEEK acteristics that comprise good character; never before seen by humans; Whereas, although character development Whereas the National Center for Electron The resolution (S. Res. 597) desig- is, first and foremost, an obligation of fami- Microscopy of the Lawrence Berkeley Na- nating the period beginning on October lies, the efforts of faith communities, tional Laboratory houses several of the most 8, 2006, and ending on October 14, 2006, schools, and youth, civic, and human service advanced microscopes and tools for micro- as ‘‘National Hispanic Media Week’’ in organizations also play an important role in characterization in the world, including the honor of the Hispanic media of the fostering and promoting good character; One-Angstrom Microscope and the Spin Po- United States was considered and Whereas Congress encourages students, larized Low-Energy Electron Microscope, agreed to. teachers, parents, youth, and community that allow scientists to gain a basic sci- The preamble was agreed to. leaders to recognize the importance of char- entific understanding of new energy-efficient acter education in preparing young people to materials, as well as to analyze the behavior The resolution (S. Res. 597), with its play a role in determining the future of the of materials such as magnets, super- preamble, reads as follows: United States; conductors, ceramics, and high-temperature S. RES. 597 Whereas effective character education is alloys; and Whereas, for almost 470 years, the United based on core ethical values, which form the Whereas the National Energy Research States has benefitted from the work of His- foundation of democratic society; Scientific Computing Center of the Lawrence panic writers and publishers; Whereas examples of character are trust- Berkeley National Laboratory is the flagship Whereas more than 600 Hispanic publishers worthiness, respect, responsibility, fairness, scientific computing facility for the Office of circulate more than 20,000,000 copies of publi- caring, citizenship, and honesty; Science of the Department of Energy, and is cations every week in the United States; Whereas elements of character transcend 1 of the largest facilities in the world that is Whereas 1 out of every 8 citizens of the cultural, religious, and socioeconomic dif- devoted to providing computational re- United States is served by a Hispanic pub- ferences; sources and expertise for basic scientific re- lisher; Whereas the character and conduct of our search: Now, therefore, be it Whereas the Hispanic press informs many youth reflect the character and conduct of Resolved, That the Senate— citizens of the United States about the great society, and, therefore, every adult has the (1) recognizes the outstanding and unique political, economic, and social issues of the responsibility to teach and model ethical role that the Lawrence Berkeley National day; values and every social institution has the Laboratory has played over the past 75 years Whereas the Hispanic press of the United responsibility to promote the development of in the scientific and technological advance- States particularly focuses on informing and good character; ment of the United States and the inter- promoting the well-being of the Hispanic Whereas Congress encourages individuals national community; and community of the United States; and and organizations, especially those who have (2) congratulates the dedicated past and Whereas, by commemorating the achieve- an interest in the education and training of present scientists and researchers who have ments of the Hispanic press, the Senate ac- the young people of the United States, to worked at the Lawrence Berkeley National knowledges the important role that the His- adopt the elements of character as intrinsic Laboratory to make the institution 1 of the panic press has played in the history of the to the well-being of individuals, commu- greatest research resources in the world. United States: Now, therefore, be it nities, and society; Whereas many schools in the United States f Resolved, That the Senate— (1) designates the period beginning on Oc- recognize the need, and have taken steps, to NATIONAL FIREFIGHTER tober 8, 2006, and ending on October 14, 2006, integrate the values of their communities APPRECIATION DAY as ‘‘National Hispanic Media Week’’, in into their teaching activities; and Whereas the establishment of National The resolution (S. Res. 596) desig- honor of the Hispanic Media of the United States; and Character Counts Week, during which indi- nating Tuesday, October 10, 2006, as (2) encourages the people of the United viduals, families, schools, youth organiza- ‘‘National Firefighter Appreciation States to observe the week with appropriate tions, religious institutions, civic groups, Day’’ to honor and celebrate the fire- programs and activities. and other organizations would focus on char- fighters of the United States was con- acter education, would be of great benefit to f sidered and agreed to. the United States: Now, therefore, be it The preamble was agreed to. NATIONAL CHARACTER COUNTS Resolved, That the Senate— WEEK (1) designates the week beginning October The resolution, with its preamble, 15, 2006, as ‘‘National Character Counts reads as follows: A resolution (S. Res. 598) designating Week’’; and S. RES. 596 the week beginning October 15, 2006, as (2) calls upon the people of the United Whereas there are more than 1,100,000 fire- ‘‘National Character Counts Week’’ States and interested groups— fighters in the United States; was considered and agreed to. (A) to embrace the elements of character Whereas approximately 75 percent of all The preamble was agreed to. identified by local schools and communities, firefighters in the United States are volun- such as trustworthiness, respect, responsi- The resolution (S. Res. 598), with its bility, fairness, caring, and citizenship; and teers who receive little or no compensation preamble, reads as follows: for their heroic work; (B) to observe the week with appropriate Whereas there are more than 30,000 fire de- S. RES. 598 ceremonies, programs, and activities. partments in the United States; Whereas the well-being of the United f Whereas thousands of firefighters have States requires that the young people of the died in the line of duty since the date that United States become an involved, caring NATIONAL CHILDHOOD LEAD Benjamin Franklin founded the first volun- citizenry with good character; POISONING PREVENTION WEEK teer fire department in 1735; Whereas the character education of chil- Whereas 346 firefighters and emergency dren has become more urgent as violence by The resolution (S. Res. 599) desig- personnel died while responding to the ter- and against youth increasingly threatens the nating the week of October 23, 2006, rorist attacks that occurred on September physical and psychological well-being of the through October 27, 2006, as ‘‘National 11, 2001; people of the United States; Childhood Lead Poisoning Prevention Whereas firefighters respond to more than Whereas more than ever, children need Week’’ was considered and agreed to. 20,000,000 calls during a typical year; strong and constructive guidance from their The preamble was agreed to. Whereas firefighters also provide emer- families and their communities, including The resolution (S. Res. 599), with its gency medical services, hazardous materials schools, youth organizations, religious insti- preamble, reads as follows: response, special rescue response, terrorism tutions, and civic groups; response, and life safety education; Whereas the character of a nation is only S. RES. 599 Whereas, in 1922, President Harding de- as strong as the character of its individual Whereas lead poisoning is a leading envi- clared the week of October 9 to be ‘‘Fire Pre- citizens; ronmental health hazard to children in the vention Week’’; and Whereas the public good is advanced when United States; Whereas the second Tuesday in October is young people are taught the importance of Whereas according to the Centers for Dis- an appropriate day for the establishment of good character and the positive effects that ease Control and Prevention, 310,000 pre- a ‘‘National Firefighter Appreciation Day’’: good character can have in personal relation- school children in the United States have Now, therefore, be it ships, in school, and in the workplace; harmful levels of lead in their blood;

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00122 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.082 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11099 Whereas lead poisoning may cause serious, Resolved, That the Senate— ing science and mathematics educators and long-term harm to children, including re- (1) designates October 12, 2006, as ‘‘Na- her involvement in encouraging young stu- duced intelligence and attention span, be- tional Alternative Fuel Vehicle Day’’; dents to study the earth sciences. havior problems, learning disabilities, and (2) proclaims National Alternative Fuel f impaired growth; Vehicle Day as a day to promote programs Whereas children from low-income families and activities that will lead to the greater CONTRIBUTIONS OF BYRON are significantly more likely to be poisoned use of cleaner, more efficient transportation NELSON by lead than are children from high-income that uses new sources of energy, including— The resolution (S. Res. 602) memori- families; (A) biofuels; Whereas children may be poisoned by lead (B) battery-electric and hybrid-electric alizing and honoring the contributions in water, soil, or consumable products; power; of Byron Nelson was considered and Whereas children most often are poisoned (C) natural gas and propane; agreed to. in their homes through exposure to lead par- (D) hydrogen and fuel cells; and The preamble was agreed to. ticles when lead-based paint deteriorates or (E) emerging alternatives to conventional The resolution (S. Res. 602), with its is disturbed during home renovation and re- vehicle technologies; and preamble, reads as follows: painting; and (3) urges Americans— S. RES. 602 Whereas lead poisoning crosses all barriers (A) to increase the personal and commer- of race, income, and geography: Now, there- cial use of cleaner and energy-efficient alter- Whereas Byron Nelson was born on a cot- fore, be it native fuel and advanced technology vehi- ton farm in Ellis County, near Waxahachie, Resolved, That the Senate— cles; Texas, on February 4, 1912; (1) designates the week of October 23, 2006, (B) to promote public sector adoption of Whereas Byron Nelson became a caddie and through October 27, 2006, as ‘‘National Child- cleaner and energy-efficient alternative fuel taught himself the game of golf at Glen Gar- hood Lead Poisoning Prevention Week’’; and and advanced technology vehicles; and den Country Club in Fort Worth, Texas in (2) calls upon the people of the United (C) to encourage the enactment of Federal 1922; States to observe the week with appropriate policies to reduce the dependence of the Whereas Byron Nelson became a profes- programs and activities. United States on foreign oil through the ad- sional golfer in 1932 and won 54 PGA-sanc- f vancement and adoption of alternative, ad- tioned tournaments; Whereas Byron Nelson is widely credited as NATIONAL ALTERNATIVE FUEL vanced, and emerging vehicle and fuel tech- nologies. being the father of the modern swing; VEHICLE DAY Whereas, in the 1945 professional season, f The resolution (S. Res. 600) desig- Byron Nelson won a 1-season record of 18 nating October 12, 2006, as ‘‘National RECOGNIZING THE EFFORTS AND tournaments and averaged 68.33 strokes; Alternative Fuel Vehicle Day’’ was CONTRIBUTIONS OF OUT- Whereas, in the 1945 professional season, Byron Nelson won a record 11 straight tour- considered and agreed to. STANDING HISPANIC SCIENTISTS naments; The preamble was agreed to. IN THE UNITED STATES Whereas Byron Nelson was the winner of 5 The resolution (S. Res. 600), with its The resolution (S. Res. 601) recog- major championships including the 1937 and preamble, reads as follows: nizing the efforts and contributions of 1945 Masters, the 1939 United States Open, S. RES. 600 outstanding Hispanic scientists in the and the 1940 and 1945 PGA Championships; Whereas the Salesmanship Club of Dallas Whereas the United States should reduce United States was considered and the dependence of the Nation on foreign oil created the EDS Byron Nelson Championship and enhance the energy security of the Na- agreed to. in 1968 and remains the only PGA Tour event tion by creating a transportation sector that The preamble was agreed to. named in honor of a professional golfer; is less dependent on oil; The resolution (S. Res. 601), with its Whereas the EDS Byron Nelson Champion- Whereas the United States should improve preamble, reads as follows: ship has raised more than $94,000,000 for the the air quality of the Nation by reducing S. RES. 601 Salesmanship Club Youth and Family Cen- emissions from the millions of motor vehi- ters and has raised more money for charity Whereas the purpose of the National His- cles that operate in the United States; than any other PGA Tour event; panic Scientist of the Year Award is to rec- Whereas the United States should foster Whereas Byron Nelson was elected as an national expertise and technological ad- ognize outstanding Hispanic scientists in the inaugural inductee into the World Golf Hall vancement in cleaner, more energy-efficient United States who promote a greater public of Fame in 1974; and alternative fuel and advanced technology ve- understanding of science and motivate His- Whereas Byron Nelson will be remembered hicles; panic youth to develop an interest in for his kindness and dedication that have Whereas a robust domestic industry for al- science; won the respect and admiration of his peers, ternative fuels and alternative fuel and ad- Whereas the sixth annual National His- present-day players, and fans of all ages: vanced technology vehicles will create jobs panic Scientist of the Year Gala will be held Now, therefore, be it and increase the competitiveness of the at the Museum of Science & Industry in Resolved, That the Senate honors the life United States in the international commu- Tampa, Florida, on Saturday, October 28, and legacy of Byron Nelson. 2006; nity; f Whereas the people of the United States Whereas proceeds of the National Hispanic need more options for clean and energy-effi- Scientist of the Year Gala support scholar- FEED AMERICA DAY ships for Hispanic boys and girls to partici- cient transportation; The resolution (S. Res. 603) desig- Whereas the mainstream adoption of alter- pate in the Museum of Science & Industry’s native fuel and advanced technology vehicles Youth Enriched by Science Program, known nating Thursday, November 16, 2006, as will produce benefits at the local, national, as the ‘‘YES! Team’’; and ‘‘Feed America Day’’ was considered and international levels; Whereas a need to acknowledge the work and agreed to. Whereas consumers and businesses require and effort of outstanding Hispanic scientists The preamble was agreed to. a better understanding of the benefits of al- in the United States has led to the selection The resolution (S. Res. 603), with its ´ ternative fuel and advanced technology vehi- of Dr. Ines Cifuentes as the honoree of the preamble, reads as follows: cles; sixth annual National Hispanic Scientist of Whereas first responders require proper the Year Award, in recognition of her dedica- S. RES. 603 and comprehensive training to become fully tion to training science and mathematics Whereas Thanksgiving Day celebrates the prepared for any precautionary measures educators, and her involvement in encour- spirit of selfless giving and an appreciation that they may need to take during incidents aging young students to study the earth for family and friends; and extrications that involve alternative sciences: Now, therefore, be it Whereas the spirit of Thanksgiving Day is fuel and advanced technology vehicles; Resolved, That the Senate— a virtue upon which the United States was Whereas the Federal Government can lead (1) recognizes efforts to educate, support, founded; the way toward a cleaner and more efficient and provide hope for the Hispanic commu- Whereas, in 2006, great numbers of citizens transportation sector by choosing alter- nity, including efforts to honor outstanding of the United States continue to suffer hun- native fuel and advanced technology vehicles Hispanic scientists in the United States at ger and other privations; and for the fleets of the Federal Government; and the annual National Hispanic Scientist of Whereas selfless sacrifice breeds a genuine Whereas Federal support for the adoption the Year Gala and to organize a ‘‘Meet the spirit of Thanksgiving, both affirming and of alternative fuel and advanced technology Hispanic Scientist Day’’; and restoring the fundamental principles of the vehicles can accelerate greater energy inde- (2) congratulates Dr. Ine´s Cifuentes for society of the United States: Now, therefore, pendence for the United States, improve the being honored as the National Hispanic Sci- be it environmental security of the Nation, and entist of the Year for 2006 by the Museum of Resolved, That the Senate— address global climate change: Now, there- Science & Industry, in recognition of the (1) designates Thursday, November 16, 2006, fore, be it dedication Dr. Cifuentes has shown to train- as ‘‘Feed America Day’’; and

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00123 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.090 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11100 CONGRESSIONAL RECORD — SENATE November 16, 2006 (2) calls upon the people of the United tion Regional Association-IV, which sup- Universities in San Antonio, Texas: Now, States— ports 26 members from Atlantic and eastern therefore, be it (A) to sacrifice 2 meals on Thursday, No- Pacific countries: Now, therefore, be it Resolved, That the Senate— vember 16, 2006; and Resolved, That the Senate— (1) recognizes the national role of the His- (B) to donate to a religious or charitable (1) honors Mr. Britt ‘‘Max’’ Mayfield’s com- panic Association of Colleges and Univer- organization of their choice the money that mitment to improving the accuracy of hurri- sities as an advocate and champion for His- they would have spent on food for that day cane forecasting as Director of the National panic higher education and congratulates for the purpose of feeding the hungry. Hurricane Center’s Tropical Prediction Cen- the organization on its 20th Anniversary; f ter; (2) applauds Hispanic Serving Institutions (2) thanks Mr. Mayfield for his service, for their work to provide quality educational MR. BRITT ‘‘MAX’’ MAYFIELD which has undoubtedly helped to save count- opportunities to all Hispanic and other stu- The resolution (S. Res. 604) recog- less lives and the property of citizens around dents who attend their institutions; and nizing the work and accomplishments the world; (3) urges university presidents, faculty, (3) commends Mr. Mayfield’s dedication to staff, and supporters of Hispanic higher edu- of Mr. Britt ‘‘Max’’ Mayfield, Director cation to continue their efforts to recruit, of National Hurricane Center’s Trop- expanding educational opportunities for State and local emergency management offi- retain, educate, and graduate students who ical Prediction Center upon his retire- cials; might not otherwise pursue a postsecondary ment was considered and agreed to. (4) acknowledges the critical role that Mr. education. The preamble was agreed to. Mayfield has played in forecast and service f The resolution (S. Res. 604), with its improvements over his 34-year career; preamble, reads as follows: (5) recognizes the unwavering support of CHILD AWARENESS WEEK S. RES. 604 Mr. Mayfield’s family in supporting his ca- The resolution (S. Res. 609) honoring Whereas Mr. Britt ‘‘Max’’ Mayfield is reer; the children’s charities, youth-serving known as the ‘‘Walter Cronkite of Weather’’, (6) wishes Mr. Mayfield continued success organizations, and other nongovern- trustworthy, calming, and always giving the in his future endeavors; and mental organizations committed to en- facts straight; (7) recognizes the support and work of the riching and bettering the lives of chil- Whereas Mr. Mayfield is a Fellow of the staff of the National Hurricane Center’s Tropical Prediction Center during Mr. dren and designating the week of Sep- American Meteorological Society and a na- tember 24, 2006, as ‘‘Child Awareness tionally and internationally recognized ex- Mayfield’s tenure as Director of the Center. Week’’ was considered and agreed to. pert on hurricanes, and has presented papers f at national and international scientific The preamble was agreed to. meetings, lectured in training sessions spon- HISPANIC ASSOCIATION OF The resolution (S. Res. 609), with its sored by the United Nations World Meteoro- COLLEGES AND UNIVERSITIES preamble, reads as follows: logical Organization, and provided numerous The resolution (S. Res. 608) recog- S. RES. 609 interviews to electronic and print media nizing the contributions of Hispanic Whereas the children and youths of the worldwide; Serving Institutions and the 20 years of United States represent the future of the Whereas in 2006, Mr. Mayfield received the United States; Government Communicator of the Year educational endeavors provided by the Whereas numerous individuals, children’s Award from the National Association of Gov- Hispanic Association of Colleges and organizations, and youth-serving organiza- ernment Communicators, a national not-for- Universities was considered and agreed tions that work with children and youths on profit professional network of government to. a daily basis provide invaluable services that employees who disseminate information The preamble was agreed to. serve to enrich and better the lives of chil- within and outside the government, as well The resolution (S. Res. 608), with its dren and youths; as the prestigious Neil Frank Award from preamble, reads as follows: Whereas by strengthening and supporting the National Hurricane Conference; children’s and youth-serving charities and Whereas in 2005, Mr. Mayfield received a S. RES. 608 other similar nongovernmental organiza- Presidential Rank Award for Meritorious Whereas 202 Hispanic Serving Institutions tions and by encouraging greater collabora- Service from President George W. Bush and provide a gateway to higher education for tion among these organizations, the lives of was named ABC Television Network’s ‘‘Per- the Hispanic community, enrolling nearly many more children may be enriched and son of the Week’’ after Hurricane Katrina; half of all Hispanic students in college today; made better; Whereas in 2004, the Federal Coordinator Whereas the Hispanic Association of Col- Whereas heightening people’s awareness of for Meteorological Services and Supporting leges and Universities, founded in San Anto- and increasing the support by the United Research presented the Richard Hagemeyer nio, Texas, has grown from 18 founding col- States for children and youth-serving organi- Award to Mr. Mayfield at the Interdepart- leges and universities, to more than 400 zations that provide access to healthcare, so- mental Hurricane Conference for his con- United States colleges and universities, cial services, education, the arts, sports, and tributions to the hurricane warning program which the Association recognizes as Hispanic other services will help to improve the lives of the United States; Serving Institutions, associate members, and of children and youths; Whereas also in 2004, the National Acad- partners; Whereas September is a time when par- emy of Television Arts and Sciences Whereas the Hispanic Association of Col- ents, families, teachers, school administra- Suncoast Chapter recognized Mr. Mayfield leges and Universities plays a vital role in tors, and others increase their focus on pre- with the Governor’s Award, more commonly advocating for the growth, development, and paring children and youths of the United known as an ‘‘Emmy’’, for extraordinary infrastructure enhancement of Hispanic States for the future as they begin a new contributions to television by an individual Serving Institutions in order to provide a school year and it is a time for the people of not otherwise eligible for an Emmy; better and more complete postsecondary the United States as a whole to highlight Whereas in 2000, Mr. Mayfield received an education for Hispanics and other students and be mindful of the needs of children and Outstanding Achievement Award at the Na- who attend these institutions; youths; tional Hurricane Conference and in 1996 the Whereas the Hispanic Association of Col- Whereas ‘‘Child Awareness Week’’, ob- American Meteorological Society honored leges and Universities is the only national served in September, recognizes the chil- him with the Francis W. Reichelderfer education association that represents His- dren’s charities, youth-serving organiza- Award for exemplary performance as coordi- panic Serving Institutions and advocates on tions, and other nongovernmental organiza- nator of the National Hurricane Center’s a national and State level for the edu- tions across the United States for the work hurricane preparedness training for emer- cational achievement and success of His- they do to improve and enrich the lives of gency preparedness officials and the general panic students in higher education; children and youths of the United States; public; Whereas the membership of the Hispanic and Whereas Mr. Mayfield and his colleagues Association of Colleges and Universities has Whereas a week-long salute to children and have been recognized by the Department of extended beyond the borders of the United youths is in the public interest and will en- Commerce with Gold Medals for work during States to include over 45 colleges and univer- courage support for these charities and orga- Hurricane Andrew in 1992 and Hurricane Isa- sities in Latin America, Spain, and Portugal nizations that seek to provide a better future bel in 2003, and a Silver Medal during Hurri- in order to expand education, research, and for the children and youths of the United cane Gilbert in 1988; outreach through international opportuni- States: Now, therefore, be it Whereas Mr. Mayfield was also awarded a ties for faculty, internships, scholarships, Resolved, That the Senate— National Oceanic and Atmospheric Adminis- and governmental partnerships for students (1) designates the week of September 24, tration Bronze Medal for creating a public- at Hispanic Serving Institutions; and 2006, as ‘‘Child Awareness Week’’; private partnership to support the disaster Whereas the 4th week in October 2006 is an (2) recognizes with great appreciation the preparedness of the United States; and appropriate time to express such recognition children’s charities and youth-serving orga- Whereas Mr. Mayfield is the current Chair- during the 20th Anniversary Conference of nizations across the United States for their man of the World Meteorological Organiza- the Hispanic Association of Colleges and efforts on behalf of children and youths; and

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00124 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.091 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11101 (3) calls on the people of the United States (4) encourages the Government of Nigeria they started and controlling the blaze, even to— and the Independent National Electoral while recognizing considerable danger to (A) observe the week of September 24, 2006, Commission to demonstrate a commitment their own well-being; by focusing on the needs of the children and to successful democratic elections by— Whereas skilled and courageous aircraft youths of the United States; (A) developing an aggressive plan for voter personnel and additional emergency per- (B) recognize the efforts of children’s char- registration and education; sonnel, including law enforcement and med- ities and youth-serving organizations to en- (B) addressing charges of past or intended ical personnel, also responded to the threat rich and better the lives of the children and corruption in a transparent manner; and posed by the fire; and youths of the United States; and (C) conducting objective and unbiased re- Whereas law enforcement personnel are ag- (C) support the efforts of the children’s cruitment and training of election officials; gressively pursuing the conviction of the ar- charities and youth-serving organizations of (5) urges the Government of Nigeria to re- sonist, and generous Californians have of- the United States as an investment for the spect the freedoms of association and assem- fered additional funds, on top of those of- future of the United States. bly, including the right of candidates, mem- fered by the Riverside County Board of Su- bers of political parties, and others— f pervisors, to help bring the arsonist to jus- (A) to freely assemble; tice: Now, therefore, be it INDEPENDENT NATIONAL ELEC- (B) to organize and conduct public events; Resolved, That the Senate— TORAL COMMISSION OF THE and (1) recognizes and honors— GOVERNMENT OF NIGERIA (C) to exercise those and other rights in a (A) all of the firefighters who responded to manner free from intimidation or harass- the devastating Esperanza Incident fire in The resolution (S. Res. 611) sup- ment; southern California in October 2006; and porting the efforts of the Independent (6) urges a robust effort by the law enforce- (B) all others, including emergency, law National Electoral Commission of the ment and judicial officials of Nigeria to en- enforcement, and medical personnel and air- Government of Nigeria, political par- force the rule of law, particularly by— craft crews, who contributed to controlling ties, civil societies, religious organiza- (A) preventing and investigating politi- the fire, keeping Californians safe, and find- tions, and the people of Nigeria from cally-motivated violence; and ing and arresting the suspected arsonist; and (B) prosecuting those suspected of such (2) commends the firefighters and other one civilian government to another in acts; the general elections to be held in personnel who responded to the fire for dedi- (7) urges— cated service to the people of California. April 2007 was considered and agreed (A) President Bush to ensure that the to. United States supports the democratic gains f The preamble was agreed to. made in Nigeria during the last 8 years; and ALPHA PHI ALPHA FRATERNITY, The resolution (S. Res. 611), with its (B) the Government of Nigeria to actively INCORPORATED preamble, reads as follows: seek the support of the international com- munity for democratic, free, and fair elec- The concurrent resolution (H. Con. S. RES. 611 tions in April 2007; and Res. 384) recognizing and honoring the Whereas the United States maintains (8) expresses the support of the United 100th anniversary of the founding of strong and friendly relations with Nigeria States for coordinated efforts by the Govern- the Alpha Phi Alpha Fraternity, Incor- and values the leadership role that Nigeria ment of Nigeria and the Independent Na- porated, the first intercollegiate plays throughout the continent of Africa, tional Electoral Commission to work with particularly in the establishment of the New Greek-letter fraternity established for political parties, civil society, religious or- , was considered and Partnership for African Development and the ganizations, and other entities to organize a African Union; peaceful political transition based on free agreed to. Whereas Nigeria is an important strategic and fair elections in April 2007 to further f partner with the United States in combating consolidate the democracy of Nigeria. terrorism, promoting regional stability, and A CONCURRENT RESOLUTION EX- improving energy security; f PRESSING THE SENSE OF THE Whereas Nigeria has been, and continues to ESPERANZA INCIDENT FIRE IN CONGRESS THAT PUBLIC POLICY be, a leading supporter of the peacekeeping SOUTHERN CALIFORNIA IN OCTO- SHOULD CONTINUE TO PROTECT efforts of the United Nations and the Eco- BER 2006 AND STRENGTHEN THE ABILITY nomic Community of West African States by The resolution (S. Res. 614) honoring OF FARMERS AND RANCHERS TO contributing troops to operations in Leb- JOIN TOGETHER IN COOPERA- anon, Yugoslavia, Kuwait, the Democratic the firefighters and other public serv- Republic of Congo, Liberia, Sierra Leone, So- ants who responded to the devastating TIVE SELF-HELP EFFORTS malia, Rwanda, and Sudan; Esperanza incident fire in southern The concurrent resolution (S. Con. Whereas past corruption and poor govern- California in October 2006 was consid- Res. 119) expressing the sense of the ance have resulted in weak political institu- ered and agreed to. Congress that public policy should con- tions, crumbling infrastructure, a feeble The preamble was agreed to. tinue to protect and strengthen the economy, and an impoverished population; The resolution (S. Res. 614), with its ability of farmers and ranchers to join Whereas political aspirants and the demo- preamble, reads as follows: cratic process of Nigeria are being threat- together in cooperative self-help ef- ened by increasing politically-motivated vio- S. RES. 614 forts was considered and agreed to. lence, including the assassination of 3 guber- Whereas, in late October 2006, the moun- The preamble was agreed to. natorial candidates in different states during tain communities west of Palm Springs, The concurrent resolution (S. Con. the previous 2 months; and California were struck by a vast wildfire, Res. 119), with its preamble, reads as Whereas the Chairperson of the Inde- which came to be known as the Esperanza follows: pendent National Electoral Commission Incident and which authorities believe was has— started by an arsonist; S. CON. RES. 119 (1) announced that governorship and state Whereas the Esperanza Incident fire trag- Whereas the ability of farmers and ranch- assembly elections will be held on April 14, ically claimed lives, homes and other build- ers in the United States to join together in 2007; ings, and more than 40,000 acres of terrain; cooperative self-help efforts is vital to their (2) stated that voting for the president and Whereas nearly 3,000 firefighters from doz- continued economic viability; national assembly will take place on April ens of fire crews courageously battled the Whereas Federal laws have long recognized 21, 2007; and fast-spreading blaze, which was fanned by the importance of protecting and strength- (3) vowed to organize free and fair elections Santa Ana wind gusts up to 60 miles per ening the ability of farmers and ranchers to to facilitate a smooth democratic transition: hour; join together in cooperative self-help efforts, Now, therefore, be it Whereas 4 firefighters—Mark Loutzenhiser, including to cooperatively market their Resolved, That the Senate— Jess McLean, Jason McKay, and Daniel Hoo- products, ensure access to competitive mar- (1) recognizes the importance of Nigeria as ver-Najera—made the ultimate sacrifice by kets, and help achieve other important pub- a strategic partner and long-time friend of giving their lives when flames overtook lic policy goals; the United States; them as they tried to protect a home; Whereas farmer- and rancher-owned co- (2) acknowledges the increasing signifi- Whereas an additional firefighter, Pablo operatives play an important role in helping cance of the leadership of Nigeria through- Cerda, joined them in that sacrifice when he farmers and ranchers improve their income out the region and continent; too lost his life, after fighting to survive for from the marketplace, manage their risk, (3) commends the decision of the National 6 days in a hospital before succumbing to meet their credit and other input needs, and Assembly of Nigeria to reject an amendment burns he had received fighting alongside his compete more effectively in a rapidly chang- to the constitution that would have lifted fallen colleagues; ing global economy; the existing 2-term limit and allowed for a Whereas firefighters honored the spirit of Whereas farmer- and rancher-owned co- third presidential term; their fallen colleagues by completing the job operatives also play an important role in

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00125 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.095 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11102 CONGRESSIONAL RECORD — SENATE November 16, 2006 providing consumers in the United States photo listing service for children awaiting Headquarters to identify members of the and abroad with a dependable supply of safe, adoption across the United States; Baha’i Faith in Iran and monitor their ac- affordable, high-quality food, fiber, and re- Whereas, in 2005, judges, attorneys, adop- tivities; lated products; tion professionals, child welfare agencies, Whereas the United Nations Special Whereas farmer- and rancher-owned co- and child advocates in 45 States and the Dis- Rapporteur expressed ‘‘grave concern and ap- operatives also help meet the energy needs of trict of Columbia participated in 227 events prehension’’ about the implications of this the United States, including through the in conjunction with National Adoption Day; letter for the safety of the Baha’i commu- production and marketing of renewable fuels and nity; such as ethanol and biodiesel; Whereas those events finalized the adop- Whereas in 2005 the Iranian Government Whereas there are nearly 3,000 farmer- and tions of more than 3,300 children from the initiated a new wave of assaults, homes rancher-owned cooperatives located through- foster care system: Now, therefore, be it raids, harassment, and detentions against out the United States with a combined mem- Resolved, That the Senate— Baha’is, and in December 2005, Mr. bership representing a majority of the nearly (1) recognizes and supports— Zabihullah Mahrami died after 10 years of 2 million farmers and ranchers in the United (A) the success of the Adoption and Safe imprisonment on charges of apostasy due to States; and Families Act of 1997 (42 U.S.C. 1305 note; his membership in the Baha’i Faith; and Whereas farmer- and rancher-owned co- Public Law 105–89) and the efforts that the Whereas beginning in October 2005, an anti- operatives also contribute significantly to Act has spurred; and Baha’i campaign has been conducted in the the economic well being of rural America as (B) the goals and ideals of National Adop- state-sponsored Kayhan newspaper and in well as the overall economy, including ac- tion Day and National Adoption Month; and broadcast media: Now, therefore, be it counting for as many as 250,000 jobs: Now, (2) encourages the citizens of the United Resolved by the Senate (the House of Rep- therefore, be it States to consider adoption throughout the resentatives concurring), That Congress— Resolved by the Senate (the House of Rep- year. (1) condemns the Government of Iran for resentatives concurring), That it is the Sense f the October 29, 2005 letter, calls on the Gov- of the Congress that public policy should ernment of Iran to immediately cease such continue to protect and strengthen the abil- ACKNOWLEDGING AFRICAN DE- activities and all activities aimed at the re- ity of farmers and ranchers to join together SCENDANTS OF THE TRANS- pression of the Iranian Baha’i community, in cooperative self-help efforts— ATLANTIC SLAVE TRADE and continues to hold the Government of (1) to improve their income from the mar- Iran responsible for upholding all the rights ketplace and their economic well-being; The concurrent resolution (H. Con. of its nationals, including members of the (2) to capitalize on new market opportuni- Res. 175) acknowledging African de- Baha’i community; and ties; and scendants of the transatlantic slave (2) requests the President to— (3) to help meet the food and fiber needs of trade in all of the Americas with an (A) call for the Government of Iran to consumers, provide for increased energy pro- emphasis on descendants in Latin emancipate the Baha’i community by grant- duction, promote rural development, main- America and the Caribbean, recog- ing those rights guaranteed by the Inter- tain and create needed jobs, and contribute nizing the injustices suffered by these national Covenant on Civil and Political to a growing United States economy. African descendants, and recom- Rights and other international covenants on f human rights; mending the United States and the (B) emphasize that the United States re- ADOPTION AND SAFE FAMILIES international community work to im- gards the human rights practices of the Gov- ACT OF 1997 prove the situation of Afro-descendant ernment of Iran, including its treatment of The resolution (S. Res. 547) recog- communities in Latin America and the the Baha’i community and other religious nizing and supporting the successes of Caribbean was considered and agreed minorities, as a significant factor in the for- to. eign policy of the United States Government the Adoption and Safe Families Act of regarding Iran; and 1997 in increasing adoption, observing f (C) initiate an active and consistent dia- the efforts that the act has spurred, in- CONDEMNING THE REPRESSION OF logue with other governments and the Euro- cluding National Adoption Day and Na- THE IRANIAN BAHA’I COMMUNITY pean Union in order to persuade the Govern- tional Adoption Month, and encour- ment of Iran to rectify its human rights aging citizens of the United States to The Senate proceeded to consider the practices. consider adoption throughout the year concurrent resolution (S. Con. Res. 101) was considered and agreed to. condemning the repression of the Ira- f The preamble was agreed to. nian Baha’i community and calling for The resolution (S. Res. 547), with its the emancipation of Iranian Baha’is. DRIVE SAFER SUNDAY The amendment (No. 5193) was agreed preamble, reads as follows: The resolution (S. Res. 618) desig- to, as follows: S. RES. 547 nating November 26, 2006, as ‘‘Drive AMENDMENT NO. 5193 Whereas, since the passage of the Adoption Safer Sunday’’ was considered and and Safe Families Act of 1997 (42 U.S.C. 1305 On page 3, lines 3 and 4, strike ‘‘Universal agreed to. note; Public Law 105–89), the number of chil- Declaration of Human Rights’’ and insert The preamble was agreed to. dren adopted from the foster care system has ‘‘International Covenant on Civil and Polit- ical Rights’’. The resolution (S. Res. 618), with its increased significantly, with approximately preamble, reads as follows: 51,000 children adopted from the foster care The concurrent resolution, as amend- system in fiscal year 2004 alone; ed, was agreed to. S. RES. 618 Whereas, despite that remarkable progress, The preamble was agreed to. Whereas motor vehicle travel is the pri- approximately 118,000 children in the foster The concurrent resolution (S. Con. mary means of transportation in the United care system of the United States are waiting Res. 101), as amended, with its pre- States; to be adopted, and 49 percent of those chil- amble, reads as follows: Whereas everyone on the roads and high- dren are at least 9 years old; ways needs to drive more safely to reduce Whereas adoptive families make an impor- S. CON. RES. 101 deaths and injuries resulting from motor ve- tant difference in the lives of the children Whereas in 1982, 1984, 1988, 1990, 1992, 1994, hicle accidents; they adopt by providing a stable, nurturing 1996, and 2000, Congress, by concurrent reso- Whereas the death of almost 43,000 people a environment for those children; lution, declared that it deplores the religious year in more than 6 million highway crashes Whereas National Adoption Day is a collec- persecution by the Government of Iran of the in the United States has been called an epi- tive national effort to find permanent, loving Baha’i community and holds the Govern- demic by Transportation Secretary Norman families for children in the foster care sys- ment of Iran responsible for upholding the Mineta; tem; rights of all Iranian nationals, including Whereas according to the National High- Whereas both National Adoption Day and members of the Baha’i Faith; way Transportation Safety Administration, National Adoption Month occur in Novem- Whereas on March 20, 2006, the United Na- wearing a seat belt saved 15,434 lives in 2004 ber; tions Special Rapporteur on Freedom of Re- and 15,632 lives in 2005; and Whereas, in 2002, the Department of Health ligion or Belief, Ms. Asma Jahangir, revealed Whereas the Sunday after Thanksgiving is and Human Services launched a series of the existence of a confidential letter dated the busiest highway traffic day of the year: public service announcements promoting the October 29, 2005, from the Chairman of the Now, therefore, be it adoption of children aged 8 and older; Command Headquarters of Iran’s Armed Resolved, That the Senate— Whereas more than 6,000 children have Forces to the Ministry of Information, the (1) encourages— been placed into adoptive homes since the Revolutionary Guard, and the Police Force, (A) high schools, colleges, universities, ad- Department of Health and Human Services stating that the Supreme Leader, Ayatollah ministrators, teachers, primary schools, and launched www.adoptuskids.org. a national Khamenei, had instructed the Command secondary schools to launch campus-wide

VerDate Aug 31 2005 07:05 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00126 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.097 S16NOPT1 hmoore on PROD1PC68 with HMSENATE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11103 educational campaigns to urge students to NATIONAL LUNG CANCER February 9, 2007, as ‘‘National Teen be careful about safety when driving; AWARENESS MONTH Dating Violence Awareness and Pre- (B) national trucking firms to alert their The resolution (S. Res. 620) desig- vention Week’’ was considered and drivers to be especially focused on driving agreed to. safely during the heaviest traffic day of the nating November 2006 as ‘‘National year, and to publicize the importance of the Lung Cancer Awareness Month’’ was The preamble was agreed to. day using Citizen’s band (CB) radios and in considered and agreed to. The resolution (S. Res. 621), with its truck stops across the Nation; The preamble was agreed to. preamble, reads as follows: (C) clergy to remind their members to The resolution (S. Res. 620), with its S. RES. 621 travel safely when attending services and preamble, reads as follows: Whereas 1 in 3 female teens in a dating re- gatherings; S. RES. 620 lationship have feared for their physical (D) law enforcement personnel to remind Whereas lung cancer is the leading cancer safety; drivers and passengers to drive particularly killer of both men and women, accounting Whereas 1 in 2 teens in serious relation- safely on the Sunday after Thanksgiving; for nearly 1 in every 3 cancer deaths in the ships have compromised their beliefs to and United States; please their partner; (E) everyone to use the Sunday after Whereas lung cancer claims the lives of Whereas nearly 1 in 5 teens who have been Thanksgiving as an opportunity to educate more people each year than breast, prostate, in a serious relationship said their boyfriend themselves about highway safety; and colon, liver, and kidney cancers combined; or girlfriend would threaten to hurt them- (2) designates November 26, 2006, as ‘‘Drive Whereas the Surveillance, Epidemiology, selves or their partner if there was a break- Safer Sunday’’. and End Results (SEER) Program of the Na- up; tional Cancer Institute estimates that, in Whereas 1 in 5 teens in a serious relation- f 2006, 174,470 new lung cancer cases will be di- ship report they have been hit, slapped, or agnosed and 162,460 individuals will die of pushed by a partner; SENATOR PAUL WELLSTONE lung cancer in the United States; Whereas more than 1 in 4 teens have been Whereas both incidence and mortality in a relationship where their partner ver- The resolution (S. Res. 619) express- rates for lung cancer are significantly higher bally abuses them; ing the sense of the Senate that Sen- in black males than in the general popu- Whereas 13 percent of Hispanic teens re- ator Paul Wellstone should be remem- lation of the United States; ported that hitting a partner was permis- bered for his compassion and leadership Whereas smoking causes 87 percent of lung sible; on social issues and that Congress cancer deaths in the United States; Whereas 29 percent of girls who have been should act to end discrimination Whereas the best way to decrease the num- in a relationship said they have been pres- ber of diagnoses and deaths per year from against citizens of the United States sured to have sex or engage in sex they did lung cancer is to encourage people in the not want; who live with mental illness by making United States to quit smoking; Whereas nearly 50 percent of girls worry legislation relating to mental health Whereas a former smoker’s risk of lung that their partner would break up with them parity a priority for the 110th Congress cancer does not decrease significantly until if they did not agree to engage in sex; was considered and agreed to. 20 years after the individual quit smoking; Whereas Native American women experi- The preamble was agreed to. Whereas the International Early Lung ence higher rates of interpersonal violence The resolution (S. Res. 619), with its Cancer Action Program has demonstrated in than any other population group; a 14-year study with 31,567 participants that preamble, reads as follows: Whereas violent relationships in adoles- computer tomography scans can detect lung cence can have serious ramifications for vic- S. RES. 619 cancer in Stage I when the cancer can be tims who are at higher risk for substance Whereas Paul Wellstone served with dis- more easily treated and cured, giving indi- abuse, eating disorders, risky sexual behav- tinction as a Senator from the State of Min- viduals who are diagnosed early a 10-year ior, suicide, and adult revictimization; nesota; survival rate of 88 percent; Whereas the severity of violence among in- Whereas, for more than 20 years, Paul Whereas there is a need to increase public timate partners has been shown to increase Wellstone inspired the students of Carleton awareness of statistics, risk factors, and the if the pattern has been established in adoles- College in Northfield, Minnesota; importance of early diagnosis; cence; Whereas Paul Wellstone was a loving fa- Whereas individuals with cancers that are Whereas 81 percent of parents surveyed ei- ther and husband, a loyal citizen of the routinely diagnosed at early stages through ther believe dating violence is not an issue United States, and a compassionate person; screening, such as breast cancer and prostate or admit they do not know if it is an issue; Whereas Paul Wellstone dedicated his life cancer, have high survival rates of 88 percent and to bringing equal access to education, eco- and 99 percent, respectively; Whereas the establishment of the National nomic opportunity, and comprehensive Whereas the 5-year survival rate for lung Teen Dating Violence Awareness and Preven- cancer in the United States is still only 15 healthcare to all citizens of the United tion Week will benefit schools, communities, percent, a rate virtually unchanged since the States; and families regardless of socio-economic enactment of the National Cancer Act of Whereas Paul Wellstone worked tirelessly status, race, or sex: Now, therefore be it 1971; and to advance mental health parity for all citi- Resolved, That the Senate— Whereas designating November 2006 as zens of the United States; (1) designates the week of February 5 ‘‘National Lung Cancer Awareness Month’’, Whereas more than 44,000,000 citizens of through February 9, 2007, as ‘‘National Teen as proposed by the Lung Cancer Alliance and the United States suffer from some form of a Dating Violence Awareness and Prevention the Lung Cancer Alliance of Georgia, will in- mental health-related condition; Week’’; and crease public awareness about lung cancer Whereas only 1⁄3 of those citizens seek or (2) calls upon the people of the United and the need for lung cancer research and receive treatment for their mental health-re- States, high schools, law enforcement, State lated condition; early detection: Now, therefore, be it Resolved, That the Senate— and local officials, and interested groups, to Whereas 34 States have enacted laws that (1) designates November 2006 as ‘‘National observe National Teen Dating Violence require some form of access to mental health Lung Cancer Awareness Month’’; and Awareness and Prevention Week with appro- treatments that is similar to physical health (2) reaffirms the Senate’s commitment to— priate programs and activities that promote coverage; and (A) advancing lung cancer research and awareness and prevention of the crime of Whereas the tragic and premature death of early detection, and particularly the Lung teen dating violence in their communities. Paul Wellstone on October 25, 2002, silenced 1 Cancer Alliance of Georgia’s goal of signifi- f of the leading voices of the Senate who spoke cantly increasing the 5-year survival rate of on behalf of the citizens of the United States individuals diagnosed with lung cancer in PROVIDING FOR A CONDITIONAL who live with a mental illness: Now, there- the United States to 50 percent within 10 ADJOURNMENT OR RECESS OF fore, be it years; and THE SENATE AND HOUSE OF Resolved, That it is the sense of the Senate (B) working with all Federal agencies in- REPRESENTATIVES that— volved in cancer research to develop a co- (1) on the fourth anniversary of his pass- ordinated roadmap for accomplishing that Mr. FRIST. Mr. President, I ask ing, Senator Paul Wellstone should be re- goal. unanimous consent the Senate proceed membered for his compassion and leadership to the immediate consideration of H. f on social issues throughout his career; and Con. Res. 496, which was received from (2) Congress should act to end discrimina- NATIONAL TEEN DATING VIO- the House. tion against citizens of the United States LENCE AWARENESS AND PRE- The PRESIDING OFFICER. The who live with a mental illness by enacting VENTION WEEK legislation to provide for coverage of mental clerk will report the concurrent resolu- health benefits with respect to health insur- The resolution (S. Res. 621) desig- tion by title. ance coverage. nating the week of February 5 through The legislative clerk read as follows:

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00127 Fmt 4637 Sfmt 0634 E:\CR\FM\A16NO6.101 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11104 CONGRESSIONAL RECORD — SENATE November 16, 2006 A concurrent resolution (H. Con. Res. 496) EXECUTIVE SESSION NOMINATIONS PLACED ON THE SECRETARY’S providing for a conditional adjournment of DESK the House of Representatives and a condi- IN THE AIR FORCE tional recess or adjournment of the Senate. PN2087 AIR FORCE nomination of Thomas There being no objection, the Senate EXECUTIVE CALENDAR C. Hankins, which was received by the Sen- proceeded to consider the concurrent Mr. FRIST. Mr. President, I ask ate and appeared in the Congressional resolution. unanimous consent that the Senate im- Record of September 28, 2006. PN2098 AIR FORCE nominations (15) begin- Mr. FRIST. I ask unanimous consent mediately proceed to executive session the resolution be agreed to, the motion ning Jeffery C. Carstens, and ending to consider the following nominations MARCIA WHEELER, which nominations to reconsider be laid upon the table, on today’s Executive Calendar: Cal- were received by the Senate and appeared in and any statements related to the reso- endar Nos. 903, 977, 996, 997, 998, 999, and the Congressional Record of September 29, lution be printed in the RECORD. all nominations on the Secretary’s 2006. The PRESIDING OFFICER. Without desk; further, that the Foreign Rela- IN THE ARMY objection, it is so ordered. tions Committee be discharged from PN2099 ARMY nominations (6) beginning The concurrent resolution (H. Con. consideration of the following nomina- ROBERT E. SUTER, and ending DAWN HAR- Res. 496) was agreed to, as follows: tions and the Senate proceed to their OLD, which nominations were received by H. CON. RES. 496 immediate consideration, all en bloc: the Senate and appeared in the Congres- sional Record of September 29, 2006. Resolved by the House of Representatives (the Ronald Spogli, PN2064; Craig Roberts PN2100 ARMY nomination of John M. Senate concurring), That when the House ad- Stapleton, PN2063; Kay Kelley Arnold, Cotten, which was received by the Senate journs on the legislative day of Wednesday, PN2046; Gary C. Bryner, PN2047; Thom- and appeared in the Congressional Record of November 15, 2006, Thursday, November 16, as Joseph Dodd, PN2048; Adolfo A. September 29, 2006. 2006, or Friday, November 17, 2006, on a mo- Franco, PN183; John P. Salazar, PN2101 ARMY nominations (2) beginning tion offered pursuant to this concurrent res- LAUREEN A. OTTO, and ending DEE A. olution by its Majority Leader or his des- PN2050; Thomas A. Shannon, PN2051; PAOLI, which nominations were received by ignee, it stand adjourned until 10 a.m. on Roger Wallace, PN1305; Jack Vaughn, the Senate and appeared in the Congres- Tuesday, December 5, 2006, or until the time PN96; Jack Vaughn, PN2052. sional Record of September 29, 2006. of any reassembly pursuant to section 2 of I further ask unanimous consent the PN2102 ARMY nominations (2) beginning this concurrent resolution, whichever occurs nominations be confirmed en bloc, the STEVEN F. WILLIAMS, and ending JES- first; and that when the Senate recesses or motion to reconsider be laid upon the SICA N. STANTON, which nominations were adjourns on Thursday, November 16, 2006, or table, the President be immediately received by the Senate and appeared in the Friday, November 17, 2006, on a motion of- notified of the Senate’s action, and the Congressional Record of September 29, 2006. fered pursuant to this concurrent resolution Senate then return to legislative ses- PN2103 ARMY nomination of Lee A. Knox, by its Majority Leader or his designee, it which was received by the Senate and ap- stand recessed or adjourned until noon on sion. The PRESIDING OFFICER. Without peared in the Congressional Record of Sep- Monday, December 4, 2006, or Tuesday, De- tember 29, 2006. cember 5, 2006, as may be specified by its Ma- objection, it is so ordered. Jack Vaughn, of Texas, to be a Member of jority Leader or his designee in the motion The nominations considered and con- the Board of Directors of the Inter-American to recess or adjourn, or such other time on firmed en bloc are as follows: Foundation for a term expiring September that day as may be specified by its Majority FEDERAL COMMUNICATIONS COMMISSION 20, 2006. Leader or his designee in the motion to re- Adolfo A. Franco, of Virginia, to be a Mem- cess or adjourn, or until the time of any re- Kevin J. Martin, of North Carolina to be a Member of the Federal Communications ber of the Board of Directors of the Inter- assembly pursuant to section 2 of this con- American Foundation for a term expiring current resolution, whichever occurs first. Commission for a term of five years from July 1, 2006. September 20, 2008, to which position he was SEC. 2. The Speaker of the House and the appointed during the recess of the Senate Majority Leader of the Senate, or their re- IN THE NAVY from January 6, 2005, to January 20, 2005. spective designees, acting jointly after con- The following named officer for appoint- Roger W. Wallace, of Texas, to be a Mem- sultation with the Minority Leader of the ment in the to the grade ber of the Board of Directors of the Inter- House and the Minority Leader of the Sen- indicated while assigned to a position of im- American Foundation for a term expiring ate, shall notify the Members of the House portance and responsibility under title 10, October 6, 2008, to which position he was ap- and the Senate, respectively, to reassemble U.S.C., section 601: pointed during the last recess of the Senate. at such place and time as they may des- To be vice admiral Kay Kelley Arnold, of Arkansas, to be a ignate if, in their opinion, the public interest Member of the Board of Directors of the Vice Adm. Ann E. Rondeau shall warrant it. Inter-American Foundation for a term expir- IN THE ARMY ing October 6, 2010. (Reappointment). f The following named officer for appoint- Gary C. Bryner, of Utah, to be a Member of ment in the Reserve of the Army to the the Board of Directors of the Inter-American SIGNING AUTHORIZATION grade indicated under title 10, U.S.C., section Foundation for a term expiring June 26, 2008. Mr. FRIST. I ask unanimous consent 12203: Thomas Joseph Dodd, of the District of Co- that during the adjournment of the To be major general lumbia, to be a Member of the Board of Di- rectors of the Inter-American Foundation for Senate, the majority leader and both Brig. Gen. James B. Mallory, III a term expiring June 26, 2008. Senators from Virginia be authorized IN THE NAVY John P. Salazar, of New Mexico, to be a to sign duly enrolled bills or joint reso- The following named officer for appoint- Member of the Board of Directors of the lutions. ment as Vice Chief of Naval Operations, Inter-American Foundation for a term expir- The PRESIDING OFFICER. Without United States Navy and appointment to the ing September 20, 2012. objection, it is so ordered. grade indicated while assigned to a position Thomas A. Shannon, Jr., of Virginia, a Ca- of importance and responsibility under title reer Member of the Senior Foreign Service, f 10, U.S.C., sections 601 and 5035: Class of Minister-Counselor, to be a Member To be admiral of the Board of Directors of the Inter-Amer- APPOINTMENTS AUTHORIZATION ican Foundation for a term expiring Sep- Vice Adm. Patrick M. Walsh Mr. FRIST. I ask unanimous consent tember 20, 2012. The following named officer for appoint- Jack Vaughn, of Texas, to be a Member of notwithstanding the upcoming recess ment in the United States Navy to the grade the Board of Directors of the Inter-American or adjournment of the Senate, the indicated while assigned to a position of im- Foundation for a term expiring September President of the Senate, the President portance and responsibility under title 10, 20, 2012. (Reappointment). pro tempore, and majority and minor- U.S.C., section 601: Craig Roberts Stapleton, of Connecticut, ity leaders be authorized to make ap- To be vice admiral to serve concurrently and without additional compensation as Ambassador Extraordinary pointments to commissions, commit- Rear Adm. Thomas J. Kilcline, Jr. and Plenipotentiary of the United States of tees, boards, conferences, or inter- DEPARTMENT OF JUSTICE parliamentary conferences authorized America to Monaco. Stephen Thomas Conboy, of Virginia, to be Ronald Spogli, of California, to serve con- by law, by concurrent action of the two United States Marshal for the Superior currently and without additional compensa- Houses, or by order of the Senate. Court of the District of Columbia for the tion as Ambassador Extraordinary and Plen- The PRESIDING OFFICER. Without term of four years, vice Todd Walther Dil- ipotentiary of the United States of America objection, it is so ordered. lard. to the Republic of San Marino.

VerDate Sep 11 2014 09:40 Jul 10, 2019 Jkt 000000 PO 00000 Frm 00128 Fmt 4637 Sfmt 0634 E:\JKALVESMAKI\SSN-JOYNER\OUTPUT\S16NO6.REC S16NO6 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 16, 2006 CONGRESSIONAL RECORD — SENATE S11105 LEGISLATIVE SESSION (1) reinstate the license effective as of the date of this section, in accordance with section 3, The PRESIDING OFFICER. Under of the termination of the license; and only if that property is within the areas de- (2) extend the time required for commence- scribed in paragraph (2). the previous order, the Senate will re- ment of construction of the project until De- (2) PROPERTY DESCRIPTIONS.—The property turn to legislative session. cember 31, 2007. referred to in paragraph (2) is the following: f The committee amendment was (A) Jerome, depicted in Figure 7.1 of the Site Document. MEASURES REPORTED agreed to. The bill, (S. 2028), as amended, was (B) Rohwer, depicted in Figure 11.2 of the Mr. FRIST. I ask unanimous consent ordered to be engrossed for a third Site Document. the Senate proceed to the immediate (C) Topaz, depicted in Figure 12.2 of the reading, was read the third time; and Site Document. en bloc consideration of the following passed, as follows: bills reported out of the Energy and (D) Honouliuli, located on the southern (The bill will be printed in a future part of the Island of Oahu, Hawaii, and with- Natural Resources Committee: Cal- edition of the RECORD.) in the land area bounded by H1 to the south, endar Nos. 546, 557, 558, and 643, and f Route 750 (Kunia Road) to the east, the that the Energy and Natural Resources Honouliuli Forest Reserve to the west, and Committee be discharged from further TO PROVIDE FOR THE PRESERVA- Kunia town and Schofield Barracks to the consideration of H.R. 3817 and H.R. TION OF THE HISTORIC CONFINE- north. 2383, and the Senate proceed to their MENT SITES WHERE JAPANESE (3) NO EFFECT ON PRIVATE PROPERTY.—The immediate consideration en bloc. AMERICANS WERE DETAINED authority granted in this subsection shall The PRESIDING OFFICER. Without DURING WORLD WAR II, AND not constitute a Federal designation or have objection, it is so ordered. any effect on private property ownership. FOR OTHER PURPOSES (d) MATCHING FUND REQUIREMENT.—The Mr. FRIST. I ask unanimous consent The Senate proceeded to consider the Secretary shall require a ø25 percent¿ 50 per- the committee-reported amendments bill (H.R. 1492) to provide for the pres- cent non-Federal match for funds provided be agreed to, the bills, as amended, if ervation of the historic confinement under this section. amended, be read a third time and (e) SUNSET OF AUTHORITY.—This Act shall sites where Japanese Americans were passed, the motion to reconsider be have no force or effect on and after the date detained during World War II, and for laid upon the table, all en bloc. that is 2 years after the disbursement to The PRESIDING OFFICER. Without other purposes, which had been re- grantees under this section of the total amount of funds authorized to be appro- objection, it is so ordered. ported from the Committee on Energy and Natural Resources, with amend- priated under section 4. f ments, as follows: SEC. 2. DEFINITIONS. TO PROVIDE FOR THE REINSTATE- (The parts of the bill intended to be For purposes of this Act the following defi- nitions apply: MENT OF A LICENSE FOR A CER- stricken are shown in boldface brack- (1) HISTORIC CONFINEMENT SITES.—(A) The TAIN FEDERAL ENERGY REGU- ets and the parts of the bill intended to term ‘‘historic confinement sites’’ means the LATORY COMMISSION PROJECT be inserted are shown in italics.) 10 internment camp sites referred to as Gila The Senate proceeded to consider the H.R. 1492 River, Granada, Heart Mountain, Jerome, Manzanar, Minidoka, Poston, Rohwer, bill (S. 2028) to provide for the rein- Be it enacted by the Senate and House of Rep- Topaz, and Tule Lake and depicted in Fig- statement of a license for a certain resentatives of the United States of America in ures 4.1, 5.1, 6.1, 7.1, 8.4, 9.2, 10.6, 11.2, 12.2, and Federal Energy Regulatory Commis- Congress assembled, 13.2, respectively, of the Site Document; and sion project, which had been reported SECTION 1. PRESERVATION OF HISTORIC CON- (B) other historically significant locations, from the Committee on Energy and FINEMENT SITES. as determined by the Secretary, where Japa- Natural Resources, with an amend- (a) PRESERVATION PROGRAM.—The Sec- nese Americans were detained during World retary shall create a program within the Na- ment, as follows: War II. tional Park Service to encourage, support, (2) SECRETARY.—The term ‘‘Secretary’’ (The part of the bill intended to be recognize, and work in partnership with citi- stricken is shown in boldface brackets means the Secretary of the Interior. zens, Federal agencies, State, local, and trib- (3) SITE DOCUMENT.—The term ‘‘Site Docu- and the part of the bill intended to be al governments, other public entities, edu- ment’’ means the document titled ‘‘Confine- inserted is shown in italics.) cational institutions, and private nonprofit ment and Ethnicity: An Overview of World S. 2028 organizations for the purpose of identifying, War II Japanese American Relocation Be it enacted by the Senate and House of Rep- researching, evaluating, interpreting, pro- Sites’’, published by the Western Archeo- resentatives of the United States of America in tecting, restoring, repairing, and acquiring logical and Conservation Center, National Congress assembled, historic confinement sites in order that Park Service, in 1999. present and future generations may learn SECTION 1. REINSTATEMENT OF LICENSE FOR SEC. 3. PRIVATE PROPERTY PROTECTION. FEDERAL ENERGY REGULATORY and gain inspiration from these sites and No Federal funds made available to carry COMMISSION PROJECT. that these sites will demonstrate the Na- out this Act may be used to acquire any real (a) IN GENERAL.—Notwithstanding the time tion’s commitment to equal justice under property or any interest in any real property period specified in section 13 of the Federal the law. without the written consent of the owner or Power Act (16 U.S.C. 806) that would other- ø(b) GRANTS.—The Secretary, in consulta- owners of that property or interest in prop- wise apply to project numbered 7307 of the tion with the Japanese American National erty. Federal Energy Regulatory Commission, the Heritage Coalition, shall make grants to SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Commission shall, on the request of the li- State, local, and tribal governments, other There are authorized to be appropriated to censee for the project, in accordance with public entities, educational institutions, and the Secretary $38,000,000 to carry out this that section (including the good faith, due private nonprofit organizations to assist in Act. Such sums shall remain available until diligence, and public interest requirements carrying out subsection (a).¿ expended. of that section and procedures established (b) GRANTS.— The committee amendments were under that section), extend the time required (1) CRITERIA.—The Secretary, after consulta- agreed to. for commencement of construction of the tion with State, local, and tribal governments, The amendments were ordered to be other public entities, educational institutions, project until December 31, 2007. engrossed and the bill to be read a (b) APPLICABILITY.—Subsection (a) shall and private nonprofit organizations (including apply to the project on the expiration of any organizations involved in the preservation of third time. extension, issued by the Commission under historic confinement sites), shall develop criteria The bill (H.R. 1492), as amended, was section 13 of the Federal Power Act (16 for making grants under paragraph (2) to assist read the third time, and passed. U.S.C. 806), of the time required for com- in carrying out subsection (a). f mencement of construction of the project. (2) PROVISION OF GRANTS.—Not later than 180 ø(c) REINSTATEMENT OF EXPIRED LICENSE.— days after the date on which funds are made REVISIONS TO PICK-SLOAN MIS- If a license of the Commission for the project available to carry out this Act, the Secretary SOURI BASIN PROGRAM IRRIGA- expires before the date of enactment of this shall, subject to the availability of appropria- TION DISTRICTS REPAYMENT Act, the Commission shall— tions, make grants to the entities described in CONTRACTS ø (1) reinstate the license effective as of the paragraph (1) only in accordance with the cri- The bill (H.R. 4000) to authorize the date of the expiration of the license; and¿ teria developed under that paragraph. (c) REINSTATEMENT OF TERMINATED LI- (c) PROPERTY ACQUISITION.— Secretary of the Interior to revise cer- CENSE.—If a license of the Commission for the (1) AUTHORITY.—Federal funds made avail- tain repayment contracts with the project has been terminated before the date of able under this section may be used to ac- Bostwick Irrigation District in Ne- enactment of this Act, the Commission shall— quire non-Federal property for the purposes braska, the Kansas Bostwick Irrigation

VerDate Aug 31 2005 06:22 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00129 Fmt 4637 Sfmt 0634 E:\CR\FM\G16NO6.130 S16NOPT1 hmoore on PROD1PC68 with HMSENATE S11106 CONGRESSIONAL RECORD — SENATE November 16, 2006 District No. 2, the Frenchman-Cam- PROGRAM FOUNDATION FOR A TERM EXPIRING OCTOBER 6, 2008, TO WHICH POSITION HE WAS APPOINTED DURING THE LAST bridge Irrigation District, and the Web- Mr. FRIST. Mr. President, I con- RECESS OF THE SENATE. ster Irrigation District No. 4, all a part KAY KELLEY ARNOLD, OF ARKANSAS, TO BE A MEM- gratulate Chairman LUGAR and Sen- BER OF THE BOARD OF DIRECTORS OF THE INTER-AMER- of the Pick-Sloan Missouri Basin Pro- ator BIDEN for outstanding work on the ICAN FOUNDATION FOR A TERM EXPIRING OCTOBER 6, gram, and for other purposes, was con- 2010. (REAPPOINTMENT). United States-India cooperative agree- GARY C. BRYNER, OF UTAH, TO BE A MEMBER OF THE sidered, ordered to a third reading, ment legislation, which passed tonight BOARD OF DIRECTORS OF THE INTER-AMERICAN read the third time, and passed. KUNDATION FOR A TERM EXPIRING JUNE 26, 2008. by a vote of 85 to 12. I also appreciate THOMAS JOSEPH DODD, OF THE DISTRICT OF COLUM- f the assistance of all Members who were BIA, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF willing to defer amendments and allow THE INTER-AMERICAN FOUNDATION FOR A TERM EXPIR- EXTENSION OF TIME FOR CON- ING JUNE 26, 2008. STRUCTION OF A HYDRO- us to finish the bill this evening. JOHN P. SALAZAR, OF NEW MEXICO, TO BE A MEMBER ELECTRIC PROJECT We will return for business after the OF THE BOARD OF DIRECTORS OF THE INTER-AMERICAN Thanksgiving holiday. The continuing FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2012. The bill (H.R. 4377), to extend the THOMAS A. SHANNON, JR., OF VIRGINIA, A CAREER resolution will expire at the end of that MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF time required for construction of a hy- week, as of December 8, and therefore MINISTER-COUNSELOR, TO BE A MEMBER OF THE BOARD droelectric project, and for other pur- OF DIRECTORS OF THE INTER-AMERICAN FOUNDATION we will need to work toward a conclu- FOR A TERM EXPIRING SEPTEMBER 20, 2012. poses, was considered, ordered to a sion on the appropriations process. As I JACK VAUGHN, OF TEXAS, TO BE A MEMBER OF THE third reading, read the third time, and BOARD OF DIRECTORS OF THE INTER-AMERICAN FOUN- announced earlier, our next vote will DATION FOR A TERM EXPIRING SEPTEMBER 20, 2012. (RE- passed. occur on Tuesday, December 5, around APPOINTMENT). f 5 p.m. IN THE NAVY VALLE VIDAL PROTECTION ACT I wish all of my colleagues a safe and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF 2005 pleasant Thanksgiving holiday. IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND The bill (H.R. 3817) to withdraw the f RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Valle Vidal Unit of the Carson Na- ADJOURNMENT UNTIL MONDAY, To be vice admiral tional Forest in New Mexico from loca- DECEMBER 4, 2006, AT 10 A.M. VICE ADM. ANN E. RONDEAU tion, entry, and patent under the min- Mr. FRIST. Mr. President, if there is ing laws, and for other purposes, was no further business to come before the IN THE ARMY considered, ordered to a third reading, Senate, I ask unanimous consent that THE FOLLOWING NAMED OFFICER FOR APPOINTMENT read the third time, and passed. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- the Senate stand in adjournment under CATED UNDER TITLE 10, U.S.C., SECTION 12203: f the provisions of H. Con. Res. 496. To be major general C. W. ‘‘BILL’’ JONES PUMPING There being no objection, the Senate, PLANT at 10:01 p.m., adjourned until Monday, BRIG. GEN. JAMES B. MALLORY III December 4, 2006, at 10 a.m. The bill (H.R. 2383) to redesignate the IN THE NAVY facility of the Bureau of Reclamation f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS VICE CHIEF OF NAVAL OPERATIONS, UNITED STATES located at 19550 Kelso Road in Byron, CONFIRMATIONS NAVY AND APPOINTMENT TO THE GRADE INDICATED California, as the ‘‘C.W. ‘Bill’ Jones Executive nominations confirmed by WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Pumping Plant’’, was considered, or- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 the Senate Thursday, November 16, AND 5035: dered to a third reading, read the third 2006: time, and passed. To be admiral FEDERAL COMMUNICATIONS COMMISSION f VICE ADM. PATRICK M. WALSH KEVIN J. MARTIN, OF NORTH CAROLINA, TO BE A MEM- ORDERS FOR MONDAY, DECEMBER BER OF THE FEDERAL COMMUNICATIONS COMMISSION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FOR A TERM OF FIVE YEARS FOM JULY 1, 2006. IN THE UNITED STATES NAVY TO THE GRADE INDICATED 4, 2006, AND TUESDAY, DECEM- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEPARTMENT OF JUSTICE BER 5, 2006 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: STEPHEN THOMAS CONBOY, OF VIRGINIA, TO BE Mr. FRIST. Mr. President, I ask UNITED STATES MARSHAL FOR THE SUPERIOR COURT OF To be Vice admiral THE DISTRICT OF COLUMBIA FOR THE TERM OF FOUR REAR ADM. THOMAS J. KILCLINE, JR. unanimous consent that when the Sen- YEARS. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT ate completes its business today, it IN THE AIR FORCE stand in adjournment under the provi- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY AIR FORCE NOMINATION OF THOMAS C. HANKINS TO BE sions of H. Con. Res. 496 until 10 a.m. CONSTITUTED COMMITTEE OF THE SENATE. COLONEL. on Monday, December 4. I further ask DEPARTMENT OF STATE AIR FORCE NOMINATIONS BEGINNING WITH JEFFERY C. CARSTENS AND ENDING WITH MARCIA WHEELER, WHICH consent that following the prayer and CRAIG ROBERTS STAPLETON, OF CONNECTICUT, TO NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- pledge, the morning hour be deemed SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- PEARED IN THE CONGRESSIONAL RECORD ON SEP- PENSATION AS AMBASSADOR EXTRAORDINARY AND TEMBER 29, 2006. expired, the Journal of proceedings be PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA approved to date, and the Senate then TO MONACO. IN THE ARMY RONALD SPOGLI, OF CALIFORNIA, TO SERVE CONCUR- automatically adjourn over until 12 RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS ARMY NOMINATIONS BEGINNING WITH ROBERT E. noon on Tuesday, December 5; provided AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY SUTER AND ENDING WITH DAWN HAROLD, WHICH NOMI- OF THE UNITED STATES OF AMERICA TO THE REPUBLIC NATIONS WERE RECEIVED BY THE SENATE AND AP- further that following the prayer and OF SAN MARINO. PEARED IN THE CONGRESSIONAL RECORD ON SEP- TEMBER 29, 2006. pledge, the morning hour be deemed INTER-AMERICAN FOUNDATION ARMY NOMINATION OF JOHN M. COTTEN TO BE LIEU- expired, the Journal of proceedings be JACK VAUGHN, OF TEXAS, TO BE A MEMBER OF THE TENANT COLONEL. approved to date, the time for the two BOARD OF DIRECTORS OF THE INTER-AMERICAN FOUN- ARMY NOMINATIONS BEGINNING WITH LAUREEN A. DATION FOR A TERM EXPIRING SEPTEMBER 20, 2006. OTTO AND ENDING WITH DEE A. PAOLI, WHICH NOMINA- leaders be reserved, and the Senate ADOLFO A. FRANCO, OF VIRGINIA, TO BE A MEMBER OF TIONS WERE RECEIVED BY THE SENATE AND APPEARED proceed to a period of morning business THE BOARD OF DIRECTORS OF THE INTER-AMERICAN IN THE CONGRESSIONAL RECORD ON SEPTEMBER 29, 2006. FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2008, ARMY NOMINATIONS BEGINNING WITH STEVEN F. WIL- until 2 p.m., with Senator DEWINE to TO WHICH POSITION HE WAS APPOINTED DURING THE LIAMS AND ENDING WITH JESSICA N. STANTON, WHICH speak for up to 2 hours. RECESS OF THE SENATE FROM JANUARY 6, 2005, TO JANU- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- The PRESIDING OFFICER. Without ARY 20, 2005. PEARED IN THE CONGRESSIONAL RECORD ON SEP- ROGER W. WALLACE, OF TEXAS, TO BE A MEMBER OF TEMBER 29, 2006. objection, it is so ordered. THE BOARD OF DIRECTORS OF THE INTER-AMERICAN ARMY NOMINATION OF LEE A. KNOX TO BE MAJOR.

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HIGHLIGHTS Senate passed S. 3709, United States-India Peaceful Atomic Energy Co- operation Act. Senate agreed to H. Con. Res. 496, Adjournment Resolution. Senate companion measure, after taking action on the fol- Chamber Action lowing amendments proposed thereto: Routine Proceedings, pages S10977–S11106 Pages S10982–S11034 Measures Introduced: Eighteen bills and seven res- Adopted: olutions were introduced, as follows: S. 4057–4074, Lugar Amendment No. 5168, in the nature of a and S. Res. 615–621. Pages S11057–58 substitute. (By unanimous consent, the amendment will be considered as original text for the purpose of Measures Reported: further amendment.) Pages S10984–85 Special Report entitled ‘‘Committee Activities of Lugar (for Obama) Amendment No. 5169, to clar- 108th Congress’’. (S. Rept. No. 109–360) ify United States policy in order to deter nuclear Report to accompany S. 3778, to reauthorize and testing by foreign governments. Page S10985 improve the Small Business Act and the Small Busi- Lugar (for Harkin) Amendment No. 5173, to ness Act of 1958. (S. Rept. No. 109–361) make the waiver authority of the President contin- S. 4046, to extend oversight and accountability gent upon a determination that India is fully and ac- related to United States reconstruction funds and ef- tively participating in United States and inter- forts in Iraq by extending the termination date of national efforts to dissuade, sanction, and contain the Office of the Special Inspector General for Iraq Iran for its nuclear program consistent with United Reconstruction. Page S11056 Nations Security Council resolutions. Pages S10996–98 Measures Passed: Lugar (for Bingaman) Amendment No. 5179, to require as part of the implementation and compli- Federal and District of Columbia Government ance report an estimate of uranium use and an anal- Real Property Act: Committee on Homeland Secu- ysis of the production rate of nuclear explosive de- rity and Governmental Affairs was discharged from vices. Pages S11002–03 further consideration of H.R. 3699, to provide for Lugar (for Bingaman/Domenici) Amendment No. the sale, acquisition, conveyance, and exchange of 5180, to establish a United States-India scientific co- certain real property in the District of Columbia to operative threat reduction program. Pages S11002–03 facilitate the utilization, development, and redevel- Rejected: opment of such property, which was referred to the By 26 yeas to 73 nays (Vote No. 265), Bingaman Committee on Energy and Natural Resources, was Amendment No. 5174, to limit the waiver authority discharged from further consideration of the bill, and of the President. Pages S10998–S11001, S11008–09 then passed, clearing the measure for the President. By 27 yeas to 71 nays (Vote No. 266), Dorgan Pages S10981–82 Modified Amendment No. 5178, to declare that it United States and India Nuclear Cooperation is the policy of the United States to continue to sup- Promotion Act: By 85 yeas to 12 nays (Vote No. port implementation of United Nations Security 270), Senate passed H.R. 5682, to exempt from cer- Council Resolution 1172 (1998). tain requirements of the Atomic Energy Act of 1954 Pages S11001, S11003–05, S11006, S11009 a proposed nuclear agreement for cooperation with Dorgan Amendment No. 5182, to require as a India, after striking all after the enacting clause and precondition to United States-India peaceful atomic inserting in lieu thereof, the text of S. 3709, Senate energy cooperation a determination by the President D1109

VerDate Aug 31 2005 07:25 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16NO6.REC D16NOPT1 jcorcoran on PRODPC62 with DIGEST D1110 CONGRESSIONAL RECORD — DAILY DIGEST November 16, 2006 that India has committed to certain basic provisions to the Lake Pontchartrain Basin, clearing the meas- consistent with United States non-proliferation goals ure for the President. Page S11096 and the obligations and political commitments un- National Forest System Land: Senate passed dertaken by State Parties to the Nuclear Non-Pro- H.R. 4559, to provide for the conveyance of certain liferation Treaty. Pages S11005–06, S11006–08, S11009 National Forest System land to the towns of Laona By 27 yeas to 71 nays (Vote No. 267), Ensign Amendment No. 5181, to ensure that IAEA inspec- and Wabeno, Wisconsin, clearing the measure for tion equipment is not used for espionage purposes. the President. Page S11096 Pages S11009–10 Konnarock Lutheran Girls School: Senate passed By 25 yeas to 71 nays (Vote No. 268), Feingold H.R. 5103, to provide for the conveyance of the Amendment No. 5183, to require as a precondition former Konnarock Lutheran Girls School in Smyth to United States-India peaceful atomic energy co- County, Virginia, which is currently owned by the operation determinations by the President that United States and administered by the Forest Serv- United States nuclear cooperation with India does ice, to facilitate the restoration and reuse of the nothing to assist, encourage, or induce India to man- property, clearing the measure for the President. ufacture or acquire nuclear weapons or other nuclear Page S11096 explosive devices. Pages S11010–16, S11020 By 38 yeas to 59 nays (Vote No. 269), Boxer Ouachita National Forest: Senate passed H.R. Amendment No. 5187, to make the waiver authority 5690, to adjust the boundaries of the Ouachita Na- of the President contingent upon a certification that tional Forest in the States of Oklahoma and Arkan- India has agreed to suspend military-to-military co- sas, clearing the measure for the President. operation with Iran, including training exercises, Page S11096 until such time as Iran is no longer designated as a Printing of House Document: Senate agreed to state sponsor of terrorism. Pages S11016–20, S11020–21 H. Con. Res. 423, authorizing the printing as a During consideration of this measure today, the House document of ‘‘A History, Committee on the Senate also took the following action: Judiciary, United States House of Representatives, A motion was made, in accordance with Rule 21 1813–2006’’. Page S11096 of the Standing Rules of the Senate, and the Senate Captain William Wylie Galt Readiness Center: met in a closed session. Page S11010 Senate insisted on its amendment, requested a Committee on Armed Services was discharged from conference with the House thereon, and the Chair further consideration of S. 3759, to name the Armed was authorized to appoint conferees on the part of Forces Readiness Center in Great Falls, Montana, in the Senate. honor of Captain William Wylie Galt, a recipient of S. 3709 was returned to the Senate calendar. the Congressional Medal of Honor, and the bill was then passed. Page S11096 Robert Silvey Department of Veterans Affairs Outpatient Clinic: Senate passed S. 4073, to des- Admission to NATO: Committee on Foreign Re- ignate the outpatient clinic of the Department of lations was discharged from further consideration of Veterans Affairs located in Farmington, Missouri, as S. 4014, to endorse further enlargement of the the ‘‘Robert Silvey Department of Veterans Affairs North Atlantic Treaty Organization (NATO) and to Outpatient Clinic’’. Page S11095 facilitate the timely admission of Albania, Croatia, Inauguration of Mexican President: Senate Georgia, and Macedonia to NATO, and the bill was agreed to S. Res. 616, authorizing the Majority then passed. Page S11096 Leader and one staff member to travel to Mexico for Child Abduction Prevention: Committee on Ju- the inauguration of the new President of Mexico diciary was discharged from further consideration of scheduled for December 2, 2006. Page S11095 S. 994, to authorize the Attorney General to make Paint Bank National Fish Hatchery and grants to improve the ability of State and local gov- Wytheville National Fish Hatchery: Senate passed ernments to prevent the abduction of children by H.R. 5061, to direct the Secretary of the Interior to family members, and the bill was then passed, after convey Paint Bank National Fish Hatchery and agreeing to the following amendment proposed Wytheville National Fish Hatchery to the State of thereto: Virginia, clearing the measure for the President. Frist (for Feinstein) Amendment No. 5192, to Page S11095 make technical changes. Pages S11096–97 Federal Water Pollution Control Act: Senate Lawrence Berkeley National Laboratory: Com- passed H.R. 6121, to amend the Federal Water Pol- mittee on Energy and Natural Resources was dis- lution Control Act to reauthorize a program relating charged from further consideration of S. Res. 595,

VerDate Aug 31 2005 07:25 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D16NO6.REC D16NOPT1 jcorcoran on PRODPC62 with DIGEST November 16, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D1111 recognizing the Lawrence Berkeley National Labora- ‘‘Feed America Day’’, and the resolution was then tory as 1 of the premier science and research institu- agreed to. Pages S11097–S11102 tions of the world, and the resolution was then Recognizing Britt Mayfield: Committee on Com- agreed to. Pages S11097–S11102 merce, Science, and Transportation was discharged National Firefighter Appreciation Day: Com- from further consideration of S. Res. 604, recog- mittee on the Judiciary was discharged from further nizing the work and accomplishments of Mr. Britt consideration of S. Res. 596, designating Tuesday, ‘‘Max’’ Mayfield, Director of the National Hurricane October 10, 2006, as ‘‘National Firefighter Appre- Center’s Tropical Prediction Center upon his retire- ciation Day’’ to honor and celebrate the firefighters ment, and the resolution was then agreed to. of the United States, and the resolution was then Pages S11097–S11102 agreed to. Pages S11097–S11102 Recognizing Contributions of Hispanic Serving National Hispanic Media Week: Committee on Institutions: Committee on Health, Education, the Judiciary was discharged from further consider- Labor, and Pensions was discharged from further ation of S. Res. 597, designating the period begin- consideration of S. Res. 608, recognizing the con- ning on October 8, 2006, and ending on October tributions of Hispanic Serving Institutions, and the 14, 2006, as ‘‘National Hispanic Media Week’’, in 20 years of educational endeavors provided by the honor of the Hispanic media of the United States, Hispanic Association of Colleges and Universities, and the resolution was then agreed to. and the resolution was then agreed to. Pages S11097–S11102 Pages S11097–S11102 Child Awareness Week: Committee on the Judi- National Character Counts Week: Committee on ciary was discharged from further consideration of S. the Judiciary was discharged from further consider- Res. 609, honoring the children’s charities, youth- ation of S. Res. 598, designating the week beginning serving organizations, and other nongovernmental October 15, 2006, as ‘‘National Character Counts organizations committed to enriching and bettering Week’’, and the resolution was then agreed to. the lives of children and designating the week of Pages S11097–S11102 September 24, 2006, as ‘‘Child Awareness Week’’, National Childhood Lead Poisoning Prevention and the resolution was then agreed to. Week: Committee on the Judiciary was discharged Pages S11097–S11102 from further consideration of S. Res. 599, desig- Supporting the Effort of the Independent Na- nating the week of October 23, 2006, through Octo- tional Electoral Commission of the Government of ber 27, 2006, as ‘‘National Childhood Lead Poi- Nigeria: Committee on Foreign Relations was dis- soning Prevention Week’’, and the resolution was charged from further consideration of S. Res. 611, then agreed to. Pages S11097–S11102 supporting the efforts of the Independent National National Alternative Fuel Vehicle Day: Com- Electoral Commission of the Government of Nigeria, mittee on the Judiciary was discharged from further political parties, civil society, religious organizations, consideration of S. Res. 600, designating October and the people of Nigeria from one civilian govern- 12, 2006, as ‘‘National Alternative Fuel Vehicle ment to another in the general elections to be held Day’’, and the resolution was then agreed to. in April 2007, and the resolution was then agreed Pages S11097–S11102 to. Pages S11097–S11102 Recognizing Outstanding Hispanic Scientists: Honoring Firefighters: Committee on the Judici- Committee on the Judiciary was discharged from ary was discharged from further consideration of S. further consideration of S. Res. 601, recognizing the Res. 614, honoring the firefighters and other public efforts and contributions of outstanding Hispanic servants who responded to the devastating Esperanza scientists in the United States, and the resolution Incident fire in southern California in October 2006, and the resolution was then agreed to. was then agreed to. Pages S11097–S11102 Pages S11097–S11102 Honoring Byron Nelson: Committee on the Judi- Recognizing Alpha Phi Alpha Fraternity, Incor- ciary was discharged from further consideration of S. porated: Committee on the Judiciary was discharged Res. 602, memorializing and honoring the contribu- from further consideration of H. Con. Res. 384, Rec- tions of Byron Nelson, and the resolution was then ognizing and honoring the 100th anniversary of the agreed to. Pages S11097–S11102 founding of the Alpha Phi Alpha Fraternity, Incor- Feed America Day: Committee on the Judiciary porated, the first intercollegiate Greek-letter frater- was discharged from further consideration of S. Res. nity established for African Americans, and the reso- 603, designating Thursday, November 16, 2006, as lution was then agreed to. Pages S11097–S11102

VerDate Aug 31 2005 07:25 Nov 17, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D16NO6.REC D16NOPT1 jcorcoran on PRODPC62 with DIGEST D1112 CONGRESSIONAL RECORD — DAILY DIGEST November 16, 2006 Farmers and Ranchers Cooperative Self-Help National Lung Cancer Awareness Month: Senate Efforts: Committee on Agriculture, Nutrition and agreed to S. Res. 620, designating November 2006 Forestry was discharged from further consideration of as ‘‘National Lung Cancer Awareness Month’’. S. Con. Res. 119, expressing the sense of Congress Page S11103 that public policy should continue to protect and National Teen Dating Violence Awareness and strengthen the ability of farmers and ranchers to join Prevention Week: Senate agreed to S. Res. 621, des- together in cooperative self-help efforts, and the reso- ignating the week of February 5 through February lution was then agreed to. Pages S11097–S11102 9, 2007, as ‘‘National Teen Dating Violence Aware- Recognizing Successes of the Adoption and Safe ness and Prevention Week’’. Page S11103 Families Act: Committee on Finance was discharged Adjournment: Senate agreed to H. Con. Res. 496, from further consideration of S. Res. 547, recog- providing for an adjournment or recess of the two nizing and supporting the successes of the Adoption and Safe Families Act of 1997 in increasing adop- Houses. Pages S11103–04 tion, observing the efforts that the Act has spurred, License Reinstatement: Senate passed S. 2028, to including National Adoption Day and National provide for the reinstatement of a license for a cer- Adoption Month, and encouraging citizens of the tain Federal Energy Regulatory Commission project, United States to consider adoption throughout the after agreeing to the Committee amendment. year, and the resolution was then agreed to. Page S11105 Pages S11097–S11102 Preservation of Historic Confinement Sites: Sen- Acknowledging African Descendants of the ate passed H.R. 1492, to provide for the preservation Transatlantic Slave Trade in All of the Americas: of the historic confinement sites where Japanese Committee on Foreign Relations was discharged Americans were detained during World War II, after from further consideration of H. Con. Res. 175, ac- agreeing to the Committee amendments. Page S11105 knowledging African descendants of the transatlantic Authorizations for the Secretary of the Interior: slave trade in all of the Americas with an emphasis Senate passed H.R. 4000, to authorize the Secretary on descendants in Latin America and the Caribbean, of the Interior to revise certain repayment contracts recognizing the injustices suffered by these African with the Bostwick Irrigation District in Nebraska, descendants, and recommending that the United the Kansas Bostwick Irrigation District No. 2, the States and the international community work to im- Frenchman-Cambridge Irrigation District, and the prove the situation of Afro-descendant communities Webster Irrigation District No. 4, all a part of the in Latin America and the Caribbean, and the resolu- Pick-Sloan Missouri Basin Program, clearing the tion was then agreed to. Pages S11097–S11102 measure for the President. Pages S11105–06 Condemning Repression in Iran: Committee on Time Extension: Senate passed H.R. 4377, to ex- Foreign Relations was discharged from further con- tend the time required for construction of a hydro- sideration of S. Con. Res. 101, condemning the re- electric project, clearing the measure for the Presi- pression of the Iranian Baha’i community and calling dent. Page S11106 for the emancipation of Iranian Baha’is, and the reso- lution was then agreed to, after agreeing to the fol- Valle Vidal Protection Act: Committee on En- lowing amendment proposed thereto: ergy and Natural Resources was discharged from fur- Pages S11097–S11102 ther consideration of H.R. 3817, to withdraw the Frist (for Reid) Amendment No. 5193, to make Valle Vidal Unit of the Carson National Forest in a clarification. Pages S11097–S11102 New Mexico from location, entry, and patent under the mining laws, and the bill was then passed, clear- Drive Safer Sunday: Senate agreed to S. Res. 618, designating November 26, 2006, as ‘‘Drive ing the measure for the President. Page S11106 Safer Sunday’’. Pages S11102–03 Designating the C.W. ‘‘Bill’’ Jones Pumping Honoring the Late Senator Paul Wellstone: Sen- Plant: Committee on Energy and Natural Resources ate agreed to S. Res. 619, expressing the sense of the was discharged from further consideration of H.R. Senate that Senator Paul Wellstone should be re- 2383, to redesignate the facility of the Bureau of membered for his compassion and leadership on so- Reclamation located at 19550 Kelso Road in Byron, cial issues and that Congress should act to end dis- California, as the ‘‘C.W. ‘Bill’ Jones Pumping crimination against citizens of the United States who Plant’’, and the bill was then passed, clearing the live with mental illness by making legislation relat- measure for the President. Page S11106 ing to mental health parity a priority for the 110th Agriculture Appropriations—Agreement: A Congress. Page S11103 unanimous-consent agreement was reached providing

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(Prior to this ac- culture, Nutrition, and Forestry, Senator Conrad be tion, Committee on Foreign Relations was dis- recognized to propose an amendment (1st degree) charged from further consideration.) and upon conclusion of his remarks, Senator Dorgan Thomas Joseph Dodd, of the District of Colum- be recognized to speak, and that following his re- bia, to be a Member of the Board of Directors of the marks, Senator Landrieu be recognized to speak up Inter-American Foundation for a term expiring June to 10 minutes. Page S11034 26, 2008. (Prior to this action, Committee on For- Signing Authority Agreement: A unanimous-con- eign Relations was discharged from further consider- sent agreement was reached providing that during ation.) this adjournment of the Senate, the Majority Leader, John P. Salazar, of New Mexico, to be a Member Senators Warner and Allen, be authorized to sign of the Board of Directors of the Inter-American duly enrolled bills or joint resolutions. Page S11104 Foundation for a term expiring September 20, 2012. Authorizing Leadership To Make Appoint- (Prior to this action, Committee on Foreign Rela- ments—Agreement: A unanimous-consent agree- tions was discharged from further consideration.) ment was reached providing that notwithstanding Thomas A. Shannon, Jr., of Virginia, to be a the adjournment of the Senate, the President of the Member of the Board of Directors of the Inter- Senate, the President Pro Tempore, and the Majority American Foundation for a term expiring September and Minority Leaders be authorized to make ap- 20, 2012. (Prior to this action, Committee on For- pointments to commissions, committees, boards, eign Relations was discharged from further consider- conferences, or interparliamentary conferences au- ation.) thorized by law, by concurrent action of the two Jack Vaughn, of Texas, to be a Member of the Houses, or by order of the Senate. Page S11104 Board of Directors of the Inter-American Foundation for a term expiring September 20, 2012. (Reappoint- Nominations Confirmed: Senate confirmed the fol- ment). (Prior to this action, Committee on Foreign lowing nominations: Relations was discharged from further consideration.) Jack Vaughn, of Texas, to be a Member of the Craig Roberts Stapleton, of Connecticut, to serve Board of Directors of the Inter-American Foundation concurrently and without additional compensation as for a term expiring September 20, 2006. (Prior to Ambassador to Monaco. (Prior to this action, Com- this action, Committee on Foreign Relations was dis- mittee on Foreign Relations was discharged from charged from further consideration.) further consideration.) Stephen Thomas Conboy, of Virginia, to be Ronald Spogli, of California, to serve concurrently United States Marshal for the Superior Court of the and without additional compensation as Ambassador District of Columbia for the term of four years. to the Republic of San Marino. (Prior to this action, Adolfo A. Franco, of Virginia, to be a Member of Committee on Foreign Relations was discharged the Board of Directors of the Inter-American Foun- from further consideration.) dation for a term expiring September 20, 2008 (Re- cess Appointment). (Prior to this action, Committee 1 Army nomination in the rank of general. on Foreign Relations was discharged from further 3 Navy nominations in the rank of admiral. consideration.) Routine lists in the Air Force, Army. Roger W. Wallace, of Texas, to be a Member of Pages S11104, S11106 the Board of Directors of the Inter-American Foun- Messages From the House: Page S11055 dation for a term expiring October 6, 2008 (Recess Measures Referred: Page S11055 Appointment). (Prior to this action, Committee on Foreign Relations was discharged from further con- Executive Communications: Pages S11055–56 sideration.) Executive Reports of Committees: Pages S11056–57 Kevin J. Martin, of North Carolina, to be a Mem- Additional Cosponsors: Page S11058 ber of the Federal Communications Commission for a term of five years from July 1, 2006. Statements on Introduced Bills/Resolutions: Kay Kelley Arnold, of Arkansas, to be a Member Pages S11058–77 of the Board of Directors of the Inter-American Additional Statements: Pages S11052–55

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Amendments Submitted: Pages S11077–86 NOMINATION Authorities for Committees to Meet: Committee on Energy and Natural Resources: Committee Pages S11086–87 concluded a hearing to examine the nomination of Privileges of the Floor: Pages S11087 Kevin M. Kolevar, of Michigan, to be Assistant Sec- retary of Energy for Electricity Delivery and Energy Record Votes: Six records vote were taken today. Reliability, after the nominee testified and answered (Total—270) questions in his own behalf. Pages S11009, S11010, S11020, S11021, S11028 PUBLIC LANDS Adjournment: Senate convened at 9:30 a.m., on Thursday, November 16, 2006, and adjourned pur- Committee on Energy and Natural Resources: Sub- suant to the provisions of H. Con. Res. 496, at committee on Public Lands and Forests concluded a 10:01 p.m, until 10 a.m., on Monday, December 4, hearing to examine S. 3636, to establish wilderness 2006. (For Senate’s program, see the remarks of the areas, promote conservation, improve public land, Majority Leader in today’s Record on page S11106.) and provide for high quality economic development in Washington County, Utah, and S. 3772, to estab- lish wilderness areas, promote conservation, improve Committee Meetings public land, and provide for high quality develop- ment in White Pine County, Nevada, after receiving (Committees not listed did not meet) testimony from Senators Bennett, Ensign, and Reid; Chad Calvert, Principal Deputy Assistant Secretary BUSINESS SYSTEMS MODERNIZATION of the Interior for Land and Minerals Management; Subcommittee on Readiness and Management Support: Joel Holtrop, Deputy Chief, National Forest System, Committee concluded a hearing to examine Depart- Forest Service, Department of Agriculture; Brent ment of Defense business systems modernization and Eldridge, White Pine County Board of County Com- financial management accountability efforts, after re- missioners, Ely, Nevada; Jerry Greenberg, Wilder- ceiving testimony from David M. Walker, Comp- ness Society, Madison, Wisconsin, on behalf of sun- troller General of the United States, Government dry organizations; Alan Gardner, Board of Commis- Accountability Office; John Argodale, Deputy As- sioners, Washington County, Utah; Peter Metcalf, sistant Secretary of the Army for Financial Oper- Black Diamond Equipment, Limited, Salt Lake City, ations; David M. Wennergren, Chief Information Of- Utah, on behalf of the Outdoor Industry Association. ficer, Department of the Navy; and John G. Vonglis, CHIP PROGRAM Acting Principal Deputy Assistant Secretary of the Air Force for Financial Management and Comp- Committee on Finance: Subcommittee on Health Care troller. held a hearing to examine the States’ perspective of the Children’s Health Insurance Program (CHIP), re- PIPELINE SAFETY PROGRAM ceiving testimony from Nathan Checketts, Utah De- partment of Health, Salt Lake City; Sharon L. Carte, Committee on Commerce, Science, and Transportation: West Virginia Children’s Health Insurance Agency, Committee concluded a hearing to examine the reau- Charleston; Ann C. Kohler, New Jersey Department thorization of the Pipeline Safety Program, focusing of Human Services, Trenton; Nina Owcharenko, The on safety concerns and the growing rate of construc- Heritage Foundation, Washington, D.C.; Lisa C. tion-related pipeline accidents driven by a growing Dubay, Johns Hopkins Bloomberg School of Public economy, including S. 3961, to provide for enhanced Health, , Maryland; and Tobi Drabczyk, safety in pipeline transportation, after receiving testi- Walkersville, Maryland. mony from Vice Admiral Thomas J. Barrett, USCG Hearings recessed subject to the call. (Ret.), Administrator, Pipeline and Hazardous Mate- rials Safety Administration, Department of Transpor- BUSINESS MEETING tation; Carl Weimer, Pipeline Safety Trust, Bel- Committee on Homeland Security and Governmental Af- lingham, Washington; Timothy Felt, Explorer Pipe- fairs: Committee ordered favorably reported the fol- line Company, Tulsa, Oklahoma, on behalf of the lowing business items: Association of Oil Pipe Lines and the American Pe- S. 4046, to extend oversight and accountability troleum Institute; Terry Boss, Interstate Natural Gas related to United States reconstruction funds and ef- Association of America, Washington, D.C.; and E. forts in Iraq by extending the termination date of Frank Bender, Baltimore Gas and Electric Company, the Office of the Special Inspector General for Iraq Baltimore, Maryland, on behalf of the American Gas Reconstruction; and Association and the American Public Gas Associa- The nominations of James H. Bilbray, of Nevada, tion. and Thurgood Marshall, Jr., of Virginia, both to be

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a Governor of the United States Postal Service, Dan Diane E. Thompson, Elizabeth Glaser Pediatric G. Blair, to be Chairman, Postal Rate Commission, AIDS Foundation, and Greg Simon, FasterCures, all and Stephen Thomas Conboy, of Virginia, to be of Washington, D.C.; Steven E. Nissen, Cleveland United States Marshal for the Superior Court of the Clinic Foundation, Cleveland, Ohio; Adrian Thomas, District of Columbia. Johnson and Johnson Pharmaceutical Research and DOD TRAVEL SYSTEM Development, LLC, Horsham, Pennsylvania; and Jim Guest, Consumers Union, Yonkers, New York. Committee on Homeland Security and Governmental Af- fairs: Permanent Subcommittee on Investigations CIVIL RIGHTS concluded hearings to examine Department of De- Committee on the Judiciary: Committee concluded an fense travel policies and practices, focusing on the cost benefit analysis of the Defense Travel System, oversight hearing to examine the Civil Rights Divi- after receiving testimony from Thomas F. Gimble, sion of the Department of Justice, after receiving tes- Acting Inspector General, and David S.C. Chu, timony from Wan J. Kim, Assistant Attorney Gen- Under Secretary for Personnel and Readiness, both of eral, Civil Rights Division, Department of Justice; the Department of Defense; and McCoy Williams, Michael A. Carvin, Jones Day, Robert N. Driscoll, Director, Financial Management and Assurance, Alston and Bird, LLP, and Joseph Rich, Lawyers’ Government Accountability Office. Committee for Civil Rights Under Law, all of Wash- ington, D.C.; and Theodore M. Shaw, NAACP Legal DRUG SAFETY AND INNOVATION Defense and Educational Fund, Inc., New York, Committee on Health, Education, Labor, and Pensions: New York. Committee concluded a hearing to examine proposals to improve drug safety and innovation, and S. 3807, INTELLIGENCE to amend the Public Health Service Act and the Select Committee on Intelligence: Committee met in Federal Food, Drug, and Cosmetic Act to improve closed session to receive a briefing on certain intel- drug safety and oversight, after receiving testimony ligence matters from officials of the intelligence from Sheila P. Burke, the National Academies, community. h House of Representatives ters. The Committee was briefed by Michael V. Chamber Action Hayden, Director, CIA. The House was not in session today. The House f is scheduled to meet at 1:30 p.m. on Friday, No- vember 17, 2006, unless it sooner has received a COMMITTEE MEETINGS FOR FRIDAY, message from the Senate transmitting its adoption of H. Con. Res. 496, in which case the House shall NOVEMBER 17, 2006 stand adjourned pursuant to that concurrent resolu- (Committee meetings are open unless otherwise indicated) tion until 10 a.m. on Tuesday, December 5, 2006. Senate Committee Meetings No meetings/hearings scheduled. BRIEFING—INTELLIGENCE MATTERS House Permanent Select Committee on Intelligence: Met in execu- No committee meetings are scheduled. tive session to receive a briefing on Intelligence Mat-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Monday, December 4 10 a.m., Tuesday, December 5

Senate Chamber House Chamber Program for Monday: Senate will automatically adjourn Program for Tuesday: To be announced. until 12 noon on Tuesday, December 5, 2006.

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

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