October 1, 2008 CONGRESSIONAL RECORD — SENATE S10191 are confident we will be able to restore by the House of Representatives under If you look at this map—I will leave the circulatory system, if you will, and the leadership of HOWARD BERMAN, the it up for a good part of the day—you regain health for the economy—the chairman of the Foreign Affairs Com- will appreciate, aside from the agree- body, if you will—and get the problem mittee of that body. ment itself, the strategic importance fixed for the American people. I have a letter from the Secretary of of this relation for the United States. I said yesterday that we are going to State, as well as other supporting in- India has become a major actor in fix this problem this week. The Senate formation, that leads us to the conclu- the world, and it increasingly sees will speak tonight. We will send to the sion that this bill ought to be passed, itself in concert with other global pow- House a package that, if passed, will and passed, I hope, overwhelmingly by ers, rather than in opposition to them. address the issue. this body because of the message it Indian Prime Minister Singh, who We will have demonstrated to the would send not only to the people and visited Washington just last week, has American people that we can deal with the Government of India but others as devoted energy and political courage in the crisis in the most difficult of well about the direction we intend to forging this agreement, and in seeking times—right before an election, when take in the 21st century about this approval for it in India. Put simply, he the tendency to be the most partisan is matter. has placed himself and his political the greatest. But we are in the process I will share some opening comments, party on the line. of setting that aside, rising to the chal- and I will turn to my colleague, Sen- In India, the political symbolism of lenge—both Democrats and Repub- ator LUGAR, for any comments he has, the agreement is extremely important. licans—and doing what is right for the and then Senator DORGAN and Senator It addresses the most divisive and long- American people. BINGAMAN—at least two people I know standing issue between our two coun- I yield the floor. who have amendments they wish to tries dating back to 1974. Most impor- have offered. I know they have com- tant, the agreement addresses India as f ments and thoughts they have to share an equal—a point that looms large in RESERVATION OF LEADER TIME on this subject matter as well. India, where there are strong memories The ACTING PRESIDENT pro tem- In addition to Senator LUGAR and of a colonial past and of tensions with pore. Under the previous order the Senator BIDEN on the committee, there the United States during the Cold War. Some of the debate in India focused leadership time is reserved. are other Members as well who ex- pressed a strong interest in the subject on whether the agreement with the f matter—not necessarily an agreement United States would hamper India’s CORRECTION TO APPOINTMENT with this proposal but nonetheless nuclear weapons program. But much of should be recognized for their diligence the give-and-take was really about a Mr. DODD. Mr. President, I ask unan- in paying attention to the issue. Sen- more basic question—whether it was imous consent that action on the ap- ator FEINGOLD of Wisconsin and Sen- really time for India to work coopera- pointment of Rainier Spencer made ator BARBARA BOXER of California have tively with Western countries. Reach- yesterday be corrected to reflect that demonstrated a real interest and con- ing an accord on nuclear status has is an appointment made on behalf of cern about this issue. been wrenching for India, despite the the majority leader and that correction I want to speak for a few minutes favorable terms that some say India be printed in the RECORD. about Representative Henry Hyde. I obtained. The ACTING PRESIDENT pro tem- was elected with him in 1974 to the This agreement is indicative of a new pore. Without objection, it is so or- House of Representatives. He is no era in Indian foreign policy—an era in dered. longer with us, but nonetheless he which India will see all the world’s f made a remarkable contribution as a powers as potential partners in efforts Republican Member of the House of to address its own needs and the needs UNITED STATES-INDIA NUCLEAR of others. I believe that this new era COOPERATION APPROVAL AND Representatives, not the least of which was this one, on the Hyde amendment, will bring increased stability and NONPROLIFERATION ENHANCE- progress to South Asia. I see the bill MENT ACT which will be discussed, I presume, at some length today as we talk about before us as approving far more than The ACTING PRESIDENT pro tem- this bill, H.R. 7081, the United States- just a nuclear agreement. Among other pore. Under the previous order, the India Nuclear Cooperation Approval things, it will set the stage for a Senate will now proceed to the consid- and Nonproliferation Enhancement stronger U.S.-India relationship, which eration of H.R. 7081, which the clerk Agreement. will be of critical importance to our will report. I rise to urge passage of this bill, ap- country in the 21st century. The assistant legislative clerk read proving the United States-India peace- The Committee on Foreign Relations as follows: ful nuclear cooperation agreement. On held an in-depth hearing on the U.S.- A bill (H.R. 7081) to approve the United this past Saturday, the House of Rep- India agreement last month. The com- States-India Agreement for Cooperation on resentatives passed this bill by a mar- mittee, along with the House Com- Peaceful Uses of Nuclear Energy, and for gin of 298 to 116, a resounding vote in mittee on Foreign Affairs, worked other purposes. support for this agreement. closely with the administration to ad- The ACTING PRESIDENT pro tem- This agreement with India is as im- dress technical concerns expressed pore. The Senator from Connecticut is portant as it is historic. This bill en- about the agreement. This extraor- recognized. ables the United States and India to dinary consultation resulted in a bill Mr. DODD. Mr. President, I am chart a new course in relations be- that will improve U.S. implementation standing in today, my colleagues tween our two great democracies. of the accord and assure that nuclear should be aware, for Senator BIDEN, There are compelling geopolitical non-proliferation remains at the core who is the chairman of the Foreign Re- reasons to move forward with this rela- of U.S. foreign policy. Our committee lations Committee. As most of the tionship. India has become a major approved a bill identical to the House- world is aware, he is otherwise occu- actor in the world. passed bill by a vote of 19-to-2. I com- pied. Why don’t we put up this map. One of mend chairman HOWARD BERMAN in the As the ranking Democrat next to the things I thought I would do is put House and Senator LUGAR for his lead- him, I have been asked to assume the up a map. I know everyone knows ex- ership as well. responsibility of bringing this matter actly where these countries are lo- This agreement is not a partisan before the Senate. Senator BIDEN has cated, but I think sometimes it can be issue. President Clinton launched the spent a great deal of time on this issue, helpful to remind people of the tremen- initiative, and President Bush pushed along with his friend and colleague, the dous importance of India’s location in it to fruition. It had strong support on former chairman, Senator LUGAR, as Asia, sharing borders with many coun- both sides of the aisle in 2006, when we have other Members as well. tries—certainly China and Pakistan voted on the Henry J. Hyde Act, estab- Today we will talk about this issue, and in close proximity with Afghani- lishing the underlying principles and the importance of it, the action taken stan, a very fragile part of the world. requirements of this accord. Indeed, 85

VerDate Aug 31 2005 00:47 Oct 02, 2008 Jkt 079060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G01OC6.025 S01OCPT1 smartinez on PROD1PC64 with SENATE S10192 CONGRESSIONAL RECORD — SENATE October 1, 2008 members of the Senate supported the India will bring under IAEA safe- versation at the committee hearing on Hyde Act, and only 12 voted against it. guards over a dozen existing or planned this very matter, talking about the I believe the resulting agreement has nuclear facilities that were not pre- heavy water issue and what can be pro- strong support today. viously subject to safeguards. duced by that. I left the hearing con- I mentioned Henry Hyde arrived in The bill before the Senate provides fident that the administration intends Congress in 1975, along with some 74 of additional measures that guide the im- to pursue these matters very aggres- us elected in that fall of 1974. I had a plementation of the agreement, and sively. wonderful relationship with Henry they are worthy of note. The bill requires regular reporting on Hyde. We served together in the House This agreement reaffirms that our the executive branch progress in its ef- and then during our respective tenure approval of the agreement is based on forts on enrichment and reprocessing in that body, and then in this body. As U.S. interpretations of its terms. In limits and protecting against heavy I mentioned earlier, Henry Hyde was a other words, it reaffirms that Presi- water diversion. remarkable Member of Congress and dent Bush’s assurances about fuel sup- That is a lot to consume. I will be accomplished many things. He was con- plies are a political commitment—and happy to make this available to my troversial in some ways but a person of are not legally binding. colleagues to review—staff have deep conviction, deep personal convic- It requires the President to certify worked on this very diligently over the tions, and he brought that conviction that approving this agreement is con- last number of years—to respond to to everything he engaged in as a mat- sistent with our obligation under the any Member or staff member about any ter of public policy. Nuclear Non-Proliferation Treaty not of this. It is somewhat complicated We probably would not be in as to assist or encourage India to produce when you get into the issue of heavy strong a position today to talk about nuclear weapons. water and physics. Nonetheless, there this agreement had it not been for the Before the Nuclear Regulatory Com- are matters I want the Members to be Hyde Act. So I would be remiss this mission can issue any licenses under confident about when they consider morning in discussing this if we didn’t this agreement, India’s safeguards their vote on this very important bill. pay tribute to Henry Hyde and his con- agreement with the IAEA must first So, again, I wish to thank the admin- tribution to this very issue. I want the enter into force. In addition, India istration, and I will ask unanimous record to reflect my appreciation for must file a declaration of civilian nu- consent, if I may—this is a letter which the work this man did on behalf of all clear facilities under the safeguards we received from the State Depart- of us by drafting and supporting and agreement that is not ‘‘materially in- ment, from Secretary of State insisting upon the adopting of the Hyde consistent’’ with the separation plan Condoleezza Rice, expressing the Act. that India issued in 2006. We know that strong support of the administration Mr. President, throughout our work there will be some changes, because the for this agreement. on this agreement we have sought to 2006 plan envisioned safeguards begin- I ask unanimous consent that this address concerns expressed in the ning that year—rather than 2 years letter be printed in the RECORD. United States as well as in India. Some later. But this guards against a dec- The ACTING PRESIDENT pro tem- nuclear nonproliferation experts have laration that flatly contradicts India’s pore. Without objection, it is so or- voiced a fear that it would lead India— promises. dered. and then India’s neighbors—to increase The bill also requires prompt notifi- (See exhibit 1.) the production of nuclear weapons. cation of the Foreign Relations Com- Mr. DODD. As I mentioned earlier, of Some experts have warned that giving mittee if India should diverge from its course, I’d like to express my gratitude India the right of peaceful nuclear separation plan in implementing its to Senator BIDEN for his remarkable commerce, despite its refusal to sign safeguards agreement. work on this effort, along with Senator the Nuclear Non-Proliferation Treaty, The bill establishes a procedure for LUGAR. Obviously, this team who has could undermine the world’s willing- congressional review—and possible re- worked so closely together on so many ness to abide by that vital treaty and jection—of any ‘‘subsequent arrange- issues, but this one is of extreme im- to enforce compliance with it. We have ment’’ under the agreement that would portance. Again, I urge my colleagues been consistently vigilant to such allow India to reprocess spent nuclear to be supportive of it. We have a risks, and the Hyde Act and this bill fuel that was derived from U.S.-sup- chance to get this done. give us the tools to remain so in the fu- plied reactor fuel or produced with There are those who will argue for ture. U.S.-supplied equipment. Article 6 of delaying and waiting later, but I think The process that led to the U.S.-India the India agreement anticipates such a the moment is here. Again, this is an agreement was undertaken with an eye important message to send. As I men- to achieving progress on nonprolifera- subsequent arrangement if India builds tioned earlier, I am not sure my col- tion issues. Pursuant to a declaration a new reprocessing facility dedicated issued in July 2005 by President Bush to its civilian nuclear power sector. leagues are aware of this, but Prime and Prime Minister Singh, it is impor- Congress should have a special role in Minister Singh showed remarkable tant to note the following: this, because spent fuel reprocessing courage as the Prime Minister of that India has improved its export control can produce weapons-grade plutonium. country in forging this agreement. I law and regulations; This is an improvement over current think our response to it is important— India has moved to adhere to the law, which allows such arrangements not that we ought to sign on to it for guidelines of the Nuclear Suppliers to take effect 15 days after public no- that reason—but it is important, how Group and the Missile Technology Con- tice is given in the Federal Register. important this relationship is. trol Regime; The bill requires the President to Again, I draw the attention of my India has affirmed that it will not certify that it is U.S. policy to work in colleagues to this map behind me and transfer equipment or technology for the Nuclear Suppliers Group to achieve the central role, geographically, this uranium enrichment or spent fuel re- further restrictions on transfers of en- great and mature democracy holds in processing to any country that does richment and reprocessing equipment this part of the world, where in many not already have a full-scale, func- or technology. cases there is something far less than a tioning capability; The bill also directs the President to strong and mature democracy. To have India has reaffirmed, both to the seek international agreement on proce- a good, strong relationship with this United States and to the Nuclear Sup- dures to guard against the diversion of great country in this century will be of pliers Group, its unilateral moratorium heavy water from civilian to military critical importance, I believe, to our on nuclear testing; programs. The India agreement has safety as a nation and the safety of India has initialed, and intends to protections for heavy water that the mankind. sign, a safeguards agreement with the United States may supply, or that is So this agreement transcends a bilat- IAEA; produced with U.S.-supplied equip- eral relationship. It goes far deeper India has begun to negotiate an Addi- ment. We need to get supplier coun- than that, reaches far broader than the tional Protocol to that safeguards tries to adopt similar standards. This boundaries of two countries separated agreement; and was the subject of some lengthy con- by the great distance but allows us, for

VerDate Aug 31 2005 00:47 Oct 02, 2008 Jkt 079060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G01OC6.028 S01OCPT1 smartinez on PROD1PC64 with SENATE October 1, 2008 CONGRESSIONAL RECORD — SENATE S10193 the first time in some 35 years, to once with India. Congress and the Administration The benefits of this pact are designed again grow closer together as two greet have carefully addressed testing concerns in to be a lasting incentive for India to democracies. the Hyde Act, the U.S.-India 123 Agreement, abstain from further nuclear weapons and the testimony of Administration offi- The tension between our countries cials. tests and to cooperate closely with the has been there for these past 35 years. We have an unprecedented and historic op- United States in stopping proliferation. Tonight we will have an opportunity to portunity before us to help shape the 21st The 123 Agreement was submitted by put that behind us and to build a new century for the better. With this legislation President Bush on September 10, 2008. relationship. in its current form, the Senate can help en- Last week, the Foreign Relations Com- For that reason, this agreement also sure that the United States and India com- mittee voted 19 to 2 to report this bill, has great significance and import. plete the journey we began together three approving the agreement to the full years ago. You can also help ensure that U.S. THE SECRETARY OF STATE, industry—just like its international counter- Senate. The bill the House voted on Washington, October 1, 2008. parts—is able to engage with India in civil Saturday was almost identical to the Hon. HARRY REID, nuclear trade. bill approved by the Senate Foreign U.S. Senate. Sincerely, Relations Committee. DEAR SENATOR REID: I am writing to ex- CONDOLEEZZA RICE. Now, 2 years ago, the Senate voted 85 press support for the ‘‘United States-India The ACTING PRESIDENT pro tem- to 12 to approve legislation that set the Nuclear Cooperation Approval and Non- proliferation Enhancement Act’’ (H.R. 7081). pore. The Senator from Indiana. parameters for the 123 Agreement we I very much appreciate your consideration of Mr. LUGAR. Mr. President, I wish to are considering today. The House voted this important bill within such an extraor- congratulate Senator DODD for his 359 to 68 to approve companion legisla- dinary timeframe. We would not be asking leadership in the Foreign Relations tion. At the time, the Foreign Rela- for such exceptional action if we did not be- Committee as we took up this historic tions Committee undertook an exten- lieve it was necessary to complete an initia- agreement. He and I both congratulate sive review of the agreement and its tive on which both the Administration and Prime Minister Singh, our President, context. We held three public hearings Congress have worked very hard, and on a President Bush, and Secretary Rice for with testimony from 17 witnesses, in- thoroughly bipartisan basis, since 2005. their advocacy. cluding our Secretary of State, The U.S.-India nuclear agreement marks This is, indeed, a historic day and a the culmination of a decade-long process. Condoleezza Rice. Two successive Administrations have sought historic moment in the relationship be- We received a classified briefing from to improve U.S.-India relations and adapt tween the United States and India, a Under Secretaries of State Nick Burns American policy to India’s emergence on the very important partnership for world and Bob Joseph. Numerous briefings international stage. For the United States, peace. were held for staff with experts from passage of this legislation will clear the way Today we consider the United States- the Congressional Research Service, to deepen our strategic relationship with India Peaceful Nuclear Cooperation the State Department, the intelligence India, open significant opportunities for Agreement. This is one of the most im- community, and the National Security American firms, help meet India’s surging portant strategic diplomatic initia- energy requirements in an environmentally Council. tives undertaken in the last decade. By I submitted 174 written questions for friendly manner, and bring India into the concluding this pact, the United States global nuclear nonproliferation mainstream. the record to the Department of State I encourage you to pass H.R. 7081 without has embraced a long-term outlook that on details of the agreement, and I post- amendment. The current bill advances the will give us new diplomatic options and ed those answers on my Web site. The U.S.-India relationship while enhancing non- improved global stability. 2006 legislation set the rules for today’s The legislation we are considering proliferation efforts worldwide. Amendments consideration of the 123 Agreement be- approves the 123 Agreement that will would unnecessarily jeopardize the careful tween the United States and India. progress we have achieved with India at a allow the United States to engage in Unlike the administration’s original time when I believe it is important for us to peaceful nuclear cooperation with proposal, the Hyde Act neither re- seize the significant momentum we have cre- India, while protecting U.S. national stricted nor predetermined congres- ated in the U.S.-India relationship. security and nonproliferation efforts, I understand that some Senators have sional action on the 123 Agreement. as well as congressional prerogatives. questions about the impact of an India nu- We expect India to move quickly to It is an opportunity to build a stra- clear test on this initiative. We believe the negotiate a new safeguards agreement tegic partnership with a nation, India, Indian government intends to uphold the with the IAEA and then to seek con- that shares our democratic values and continuation of the nuclear testing morato- sensus from the Nuclear Suppliers rium it affirmed to the United States in 2005 will exert increasing influence on the Group in accordance with the Hyde and reiterated to the broader international world stage. community as recently as September 5, 2008. Last Saturday, September 27, the Act. Unfortunately, domestic political Let me reassure you that an Indian test, as House of Representatives voted 297 to divisions in India led to a delay of al- I have testified publicly, would result in 117 to approve this agreement. Senate most 2 years. most serious consequences. approval would be the capstone to Final action on these two tasks was Existing in U.S. law would require an auto- more than 3 years of efforts in the not completed until earlier this month. matic cut-off of cooperation, as well as a India engaged and obtained the ap- number of other sanctions, if India were to United States and India and around the world. proval of a new safeguards agreement test. After 60 continuous session days, the with the IAEA on August 1. Nuclear President could waive the termination of co- By embracing this agreement, India’s operation if he determined that the cut-off leaders are seeking to open a new chap- Suppliers Group consensus was re- would be ‘‘seriously prejudicial’’ to non- ter in the United States-India relations ceived on September 6. Since that proliferation objectives or ‘‘otherwise jeop- and reverse decades of fundamental time, the administration and both ardize the common defense and security.’’ disagreement over the nonproliferation Houses of Congress have worked dili- We believe existing law strikes the proper regime. India has created a new na- gently to evaluate the agreements, an- balance in responding to a nuclear test, and tional export control system; promised swer questions from Members of Con- it is consistent with the approach adopted by to maintain its unilateral nuclear test- gress, and move the process forward. the Nuclear Suppliers Group when it adopted The Hyde Act required the President the exception for India in early September. ing moratorium; pledged to work with Please allow me also to reiterate what I us to stop the spread of enrichment and to report to Congress on whether India told Congress on April 5, 2006, when this reprocessing technologies; proposed to had met seven determinations which same question arose: ‘‘We’ve been very clear separate its civilian and military fa- are as follows: India has provided the with the Indians . . . should India test, as it cilities and committed to place its ci- United States and the IAEA with a sep- has agreed not to do, or should India in any vilian facilities under IAEA safeguards. aration plan for its civilian and mili- way violate the IAEA safeguard[s] agree- If approved, an agreement will allow tary facilities and filed a declaration ments to which it would be adhering, the India to receive nuclear fuel tech- regarding civilian facilities with the deal, from our point of view, would at that nology and reactors from the United IAEA; India has concluded all legal point be off.’’ Encouraging India’s sustained commit- States, benefits that were previously steps prior to signature for its safe- ment to its moratorium on nuclear testing denied to India because of its status guards agreement in perpetuity with will be important to the strategic partner- outside the Nuclear Non-Proliferation the IAEA; India and the IAEA are mak- ship the United States now seeks to build Treaty. ing substantial progress in completing

VerDate Aug 31 2005 05:12 Oct 02, 2008 Jkt 079060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G01OC6.032 S01OCPT1 smartinez on PROD1PC64 with SENATE S10194 CONGRESSIONAL RECORD — SENATE October 1, 2008 an additional protocol; India is work- censes may not be issued by the Nu- The United States’ own energy prob- ing actively with the United States to clear Regulatory Commission for lems will be exacerbated if we do not conclude a fissile material cutoff trea- transfer of nuclear fuel, equipment and forge energy partnerships with India, ty; India is working with and sup- technology until after the President China, and other nations experiencing porting the United States to prevent determines and certifies to Congress rapid economic growth. This legisla- the spread of enrichment and reproc- that, one, the safeguards agreement ap- tion will promote much closer United essing technology; and, India is taking proved by the IAEA Board of Governors States-Indian relations while pre- the necessary steps to secure nuclear on August 1, 2008, has entered into serving the priority of our non- materials and technology; and, the Nu- force; and, two, India has filed a dec- proliferation efforts. We should surely clear Suppliers Group has decided by laration of facilities that is not materi- move forward now. consensus to permit supply to India of ally inconsistent with the facilities and I thank the Chair and yield the floor. nuclear items under an exception to schedules described in its separation The PRESIDING OFFICER (Mr. NEL- their guidelines. plan. SON of Nebraska). The Senator from Now, 2 weeks ago at a Foreign Rela- The second issue that required a new Connecticut. tions Committee hearing, Under Sec- provision in this legislation is India’s Mr. DODD. Mr. President, I yield retary of State for Political Affairs desire to reprocess spent nuclear fuel time to the Senator from North Da- Bill Burns, Acting Under Secretary burned in its reactors, including fuel kota. Joan Rood, and the lead U.S. Nego- from the United States. Reprocessing The PRESIDING OFFICER. The Sen- tiator, Richard Stratford, provided de- can result in the separation of pluto- ator from North Dakota. tailed analysis of the agreement. Mem- nium, which can be used in a nuclear Mr. DORGAN. Mr. President, the bers were able to examine the docu- weapon. tragedy of 9/11 is indelibly imprinted on ments accompanying the 123 Agree- The United States permits some NPT the minds of all of us. What is not so ment and ask questions of witnesses members with long histories of strong well understood or remembered was about the Hyde Act, the 123 Agree- compliance with the IAEA agreement that one month later, October 2001, ment’s text, the new safeguards agree- to reprocess U.S.-origin spent nuclear something else happened. Graham Alli- ment, and the Nuclear Suppliers Group fuel through a process called pro- son, someone who has worked on non- decision. grammatic consent. proliferation in the Clinton adminis- I am convinced the President has met During negotiations on the 123 Agree- tration, has written a book about it. all the required determinations under ment, India requested programmatic Time magazine wrote about it in the Hyde Act. However, the congres- consent and the United States agreed. March of 2002. sional review of the agreement dem- However, the United States made pro- Here is what they said: A month after onstrated that two issues required pro- grammatic consent contingent on India 9/11, for a few harrowing weeks, a group visions in the legislation before us. establishing a dedicated facility to First, India has not identified in the of U.S. officials believed the worst carry out the reprocessing and an nightmare of their lives—something text of its IAEA safeguards agreement agreement on reprocessing procedures those facilities it will place under safe- even more horrific than 9/11—was about in this new facility. to come true. In October of 2001, an in- guards. India has provided a plan for During the formulations hearings, I the separation of facilities from its nu- telligence report went out to a small asked Acting Under Secretary John number of government agencies, in- clear weapons program to the IAEA, Rood if the arrangement that would be but the plan is nonbinding and appears cluding the Energy Department’s top negotiated with India to permit reproc- secret nuclear emergency search team outdated. essing would be submitted to Congress This is not what Congress understood based in Nevada. for review. This is a Time report, but I have it would happen when we approved the Mr. Rood stated: ‘‘ . . . yes, that’s re- also in a book written by Graham Alli- Hyde Act. Indeed, in 2006, the adminis- quired under the Atomic Energy Act.’’ tration requested bill language calling Permitting spent nuclear fuel from son. on India to file ‘‘a declaration regard- the United States to be reprocessed in The report said that terrorists were ing its civil facilities with the IAEA.’’ India is a complex matter that requires thought to have obtained a 10-kiloton The safeguards agreement containing careful implementation. The bill before nuclear weapon from the Russian arse- that declaration was to enter into force us today does not block negotiations nal and that they planned to smuggle before submission of the 123 Agreement on such arrangements with India. How- it into New York City. The source of to Congress. ever, the bill does require a future ad- the report was a CIA agent named Under the Hyde Act, India and the ministration to submit such a ‘‘subse- Dragonfire. Dragonfire’s report actu- IAEA must conclude: quent arrangement’’ to Congress which ally was something that was claimed All legal steps required prior to signature would have the power to pass a resolu- to be undetermined in terms of reli- by the parties of an agreement requiring the tion of disapproval. ability. But it was something the CIA application of IAEA safeguards in perpetuity By addressing these two important agent named Dragonfire had picked up. in accordance with IAEA standards, prin- matters, I believe this legislation im- Dragonfire’s claim tracked with a re- ciples, and practices . . . to India’s civil nu- port from a Russian general who be- clear facilities, materials, and programs. . . . proves congressional oversight for fu- including materials used in or produced ture nuclear cooperation with India lieved his forces were missing a 10-kil- through the use of India’s civil nuclear fa- and corrects a problem related to the oton device. Since the mid-1990s, pro- cilities. new safeguards agreement India has liferation experts have wondered The purpose of this complex provi- with the IAEA. whether several portable nuclear de- sion was to secure the most complete In conclusion, I strongly urge my col- vices might be missing from the Rus- version possible of the safeguards leagues to approve the United States- sian stockpile. That made the agreement for congressional review. India agreement. The national security Dragonfire report all that more alarm- We intended that it be submitted as and economic future of the United ing. Detonation of a 10-kiloton nuclear part of the Presidential determination States will be enhanced by a strong weapon in downtown New York would and waiver report required by the Hyde and enduring bipartisan with India. kill about 100,000 civilians, irradiate Act. Unfortunately, by not naming the With a well-educated middle class 700,000 more, and flatten everything for facilities in the safeguards agreement, that is larger than the entire U.S. pop- a half a mile. there is an open question as to when ulation, India can be an anchor of sta- So the counterterrorist investigators India will act. This has legal implica- bility in Asia and an engine of global went on the highest alert, we are told. tions because the United States is pro- economic growth. The search team went to New York hibited by law and our NPT obligations Moreover, the United States has a City. It was kept secret so as not to from having nuclear trade with any fa- strong interest in expanding energy co- panic the people of New York. Mayor cility not named in India’s safeguards operation with India to develop new Giuliani was not informed. If terrorists agreement. technologies, cut greenhouse gas emis- had managed to smuggle a nuclear In response to this issue, Section 104 sions, and prepare for declining global weapon into New York City, the ques- of the bill before us requires that li- fossil fuel reserves. tion was, could they detonate it. About

VerDate Aug 31 2005 00:47 Oct 02, 2008 Jkt 079060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G01OC6.033 S01OCPT1 smartinez on PROD1PC64 with SENATE October 1, 2008 CONGRESSIONAL RECORD — SENATE S10195 a month later, after this report from a to sell the technology and the capa- strategic program. That means they CIA agent named Dragonfire of a nu- bility to develop nuclear powerplants— say the agreement is to not constrain clear weapon having been stolen by ter- we will allow you to do that, and we India’s ability to produce nuclear rorists, smuggled into New York City, will have the opportunity in this agree- weapons. That is what that means. about to be detonated, about to kill ment for you to put eight of your I am going to offer an amendment massive numbers of people, it was de- plants behind a curtain that will have today that the managers will oppose. termined that perhaps this was not a no international inspections, which is a The conferees believe there should be credible intelligence report. But in the green light to say, you may produce no ambiguity regarding the legal and postmortem evaluation, they deter- additional nuclear weapons. policy consequences of any future In- mined it is plausible to have believed a That is not just a supposition. Al- dian test of a nuclear explosive device. Russian nuclear weapon could have most everybody understands that is That is from a joint statement of the been stolen. It is plausible to believe, going to happen. This agreement does conference of the Hyde Act which having stolen it, terrorists could have not prohibit them from nuclear tests in passed the Congress. There should be smuggled it into New York City, and a way that would nullify the agree- no ambiguity. Here is what the Admin- plausible to believe they could have ment, if they do test. The Administra- istration says it thinks the agreement detonated it; one low-yield nuclear tion’s interpretation of this agreement provides: Should India detonate a nu- weapon. There are 25,000 of them on is very ambiguous about that. clear explosive device, the United this planet. Think of the apoplectic I want to go through a couple of States has the right to cease all nu- seizure that occurred in October of 2001 points. India would have unlimited clear cooperation. Well, we know we over a report by a CIA agent that he ability to import fuel for 14 civilian have the right. Are we going to do it? picked up some information about one powerplants under this agreement. No. That is deliberate ambiguity to say low-yield nuclear weapon being smug- That is what they want. They want to if India were to test a nuclear weapon, gled into New York City. There are produce additional power with nuclear there is nothing that will require us to 25,000 nuclear weapons on this Earth. plants. Then it says India could have decide to nullify this agreement. Our job is to provide the leadership eight other power reactors behind a Let me say again, the India Prime to begin to reduce the number of nu- curtain that we will not be able to in- Minister says the agreement does not clear weapons. The bill before us will spect. India can then divert its entire in any way affect India’s right to un- almost certainly expand the production domestic fuel supply to eight military dertake future nuclear tests, if nec- of nuclear weapons by India. reactors to produce additional nuclear essary. Here is what it says to India: Even as weapons. we take apart the basic architecture of What does that mean? It is our agree- This is a planet with 25,000 nuclear nonproliferation efforts, the nuclear ing that India, that has never signed weapons, tactical and strategic. The nonproliferation treaty, which India is the nonproliferation treaty and has suspected loss or stealing of one caused one of three countries that has never tested nuclear weapons and developed an apoplectic seizure in October of 2001. signed, even as we take that non- nuclear weapons in secret using our We have 25,000 of them. Our job as an proliferation architecture apart with technology, is now given an agreement international leader, a world leader, this bill, we have said to India, with that allows them to build more nuclear our job is to begin marching back from this agreement, you can misuse Amer- weapons. Their neighbor is Pakistan, the abyss; that is, to reduce the num- ican nuclear technology and secretly also possessing nuclear weapons. Paki- ber of nuclear weapons. Instead we are develop nuclear weapons. That is what stan warned the international commu- taking apart the basic architecture of they did. You can test those weapons. nity yesterday that a deal allowing nuclear nonproliferation that has That is what they did. You can build a India to import United States atomic served us for many decades. We are nuclear arsenal in defiance of United fuel and technology could accelerate saying to India, who has never signed Nations resolutions and international the nuclear arms race between India the nuclear nonproliferation treaty, it sanctions. After testing, 10 years later, and Pakistan. India and Pakistan have is OK if you produce additional nuclear all will be forgiven, and you will be fought three wars since independence weapons we can’t see and we don’t welcome into the club of nuclear pow- from Britain in 1947 and, through a know about. We are going to sign an ers without ever having signed the non- peace process, have stabilized relations agreement that allows you to do that. proliferation treaty. since 2004, but they remain deeply dis- That is almost unbelievable. Let’s understand what this does. trustful of each other. We have now India is a very important trading First, let me say that never has some- reached an agreement that says one of partner. India is a very important ally thing of such moment and such signifi- them may begin to produce additional for our country. I believe that. I accept cance and so much importance been de- nuclear weapons. that. But this administration and bated in such a short period and given UPI—Islamabad, Pakistan: Without those in the Congress who have agreed such short shrift: one very brief com- naming sources, the Press Trust re- to the measure before us today are mittee hearing in the Senate and a ported Wednesday that the Pakistani making a grievous mistake. We will total of a couple of hours here on the Prime Minister has reported construc- not have second chances with respect Senate floor today; pretty dis- tion of two nuclear powerplants with to this issue of nuclear weapons. If we appointing. Chinese assistance. The move appears don’t provide the world leadership to What this agreement says is, India aimed at counterbalancing a nuclear begin marching back from the prospect needs various kinds of equipment and fuel deal negotiated with India. The de- of terrorists using nuclear weapons, technology to produce and build nu- cision was made on September 19 in the prospect of nuclear weapons being clear powerplants. They need more Islamabad. The point is, we will allow stolen and developed by terrorist orga- power, and they want to get it from nu- you to put eight reactors behind a cur- nizations, we will one day wake up and clear powerplants. They have been pre- tain. We will allow you to produce ad- tragically read that a nuclear weapon vented from accessing the kind of ma- ditional nuclear weapons that we won’t was exploded in a major city on this terial and equipment to produce those know about. Is there a reaction to planet. This agreement marches in ex- plants because they have not signed that? Pakistan has a reaction, to en- actly the wrong direction. Do you the nonproliferation treaty, and they gage with the Chinese. think this agreement allowing India to developed nuclear weapons outside of The United States had agreed that produce additional nuclear weapons the purview of all of us, misusing the purpose of the agreement was not has no impact on Pakistan, has no im- American nuclear technology to se- to contain India’s strategic program pact on China, has no message to the cretly develop these weapons. Now we but to enable resumption of full civil rest of the world? The message is: You have said in an agreement with them, nuclear energy cooperation. So that is can misuse American nuclear tech- yes, we will allow big companies now the India separation plan. That is what nology and secretly develop nuclear to sell you this technology—this is all they say. They say the United States weapons. You can test those weapons. about big companies being able to ac- and India agreed the purpose of the You can build a nuclear arsenal in defi- cess a new marketplace for technology, agreement is not to constrain India’s ance of United Nations resolutions, and

VerDate Aug 31 2005 00:47 Oct 02, 2008 Jkt 079060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G01OC6.034 S01OCPT1 smartinez on PROD1PC64 with SENATE S10196 CONGRESSIONAL RECORD — SENATE October 1, 2008 you will be welcomed as someone ex- ator BINGAMAN will have 30 minutes. York to be detonated by terrorists— hibiting good behavior with an agree- Then apparently there is going to be a one nuclear weapon. There are 25,000 on ment with the United States. What response following that, and we will this Earth. One small weapon caused kind of message is that? What message conclude a portion of this debate. an apoplectic seizure about the pros- does that send to others who want to So, Mr. President, on the 30 minutes pect of hundreds of thousands of people join the nuclear club who say: You I now have available, let me read to my being killed. have nuclear weapons, we want some. colleagues something written by What does that have to do with this? If we don’t find a way to begin sys- Graham Allison. Graham Allison is Well, what it has to do with this is we tematically reducing the number of nu- someone who has been involved in nu- have struggled since the end of the Sec- clear weapons and stop the spread of clear nonproliferation with the Clinton ond World War to try to put a cap on nuclear weapons and try to find every administration. He wrote this in a the bottle here and make sure a nu- way to prevent a nuclear weapon from book, and this, by the way, is published clear weapon is never again exploded in ever again being exploded in anger on in an article. I want to read it. I will anger—not by a military power, not by this planet, one day we will ruefully re- quote it: a terrorist group. We have tried to pre- vent the spread of nuclear weapons. We gret what we have done here. One month after the terrorist assault on Again, let me close by saying that the World Trade Center and the Pentagon, have tried to see if we could find a way never in my life has such a large issue on October 11, 2001, President George W. to reduce the number of nuclear weap- been given such short shrift. This issue Bush faced a more terrifying prospect. At ons. We have created something called has great consequences for this coun- that morning’s presidential daily intel- the Nuclear Non-Proliferation Treaty, try, the world, and their respective fu- ligence briefing, George Tenet, the director the NPT. We have created something of central intelligence, informed the presi- called the Nuclear Test Ban Treaty, tures for that matter, and this admin- dent that a CIA agent codenamed which I regret to say our country has istration is, in my judgment, making a ‘‘Dragonfire’’ had reported that Al Qaeda not ratified. But we have tried to find very serious mistake. terrorists possessed a 10-kiloton nuclear ways to stop the spread of nuclear Mr. President, how much time re- bomb, evidently stolen from the Russian ar- weapons, stop the building of addi- mains? senal. According to Dragonfire, this nuclear weapon was in New York City. tional nuclear weapons. The PRESIDING OFFICER. All time One of three countries that did not has expired. Continuing to quote: sign the Nuclear Test Ban Treaty was Mr. DORGAN. Mr. President, I yield The government dispatched a top-secret India. They refused to sign it. In these the floor. nuclear emergency support team to the city. intervening years, what we have dis- The PRESIDING OFFICER. The Sen- Under a cloak of secrecy that excluded even covered about India—a respected ally Mayor Rudolph Giuliani, these nuclear ator from Connecticut. of ours, a trading partner of ours, a Mr. DODD. Mr. President, I inquire of ninjas searched for the bomb. On a normal workday, half a million people crowd the country we hold in high esteem—we my colleague from North Dakota, is it have discovered that they misused the intent of the Senator to offer an area within a half-mile radius of Times Square. A noon detonation in Midtown Man- American nuclear technology to se- amendment at this time or is it later hattan would kill them all instantly. Hun- cretly develop their own nuclear weap- this morning, or what is my colleague dreds of thousands of others would die from ons. We have discovered that they test- and friend’s plan? collapsing buildings, fire and fallout in the ed those nuclear weapons. They have Mr. DORGAN. Mr. President, I say to hours thereafter. defied the United Nations resolutions the Senator from Connecticut, I am Continuing to quote: and international sanctions. waiting for the Senator from New Mex- In the hours that followed, Condoleezza Now we have discovered that an ico to come to the floor. What we are Rice, then national security adviser, ana- agreement has been reached with the going to do is we are going to combine lyzed what strategists call the ‘‘problem Government of India that all will be our two amendments. from hell.’’ Unlike the Cold War, when the forgiven. We will sign a new agreement Mr. DODD. OK. US and the Soviet Union knew that an at- with you—that I believe unwinds and Mr. DORGAN. We will still wish to tack against the other would elicit a retalia- undoes the entire architecture of non- tory strike of greater measure, Al Qaeda— take the 30 minutes each, but we will proliferation of nuclear weapons. All combine the two amendments and have with no return address—had no such fear of reprisal. Even if the president were prepared will be forgiven. In fact, what we will a vote on one amendment, provided, of to negotiate, Al Qaeda has no phone number do is we will say to you that you can course, that meets unanimous consent. to call. create nuclear powerplants because But I will, in a few moments, be ready Again, continuing to quote: you need nuclear power, and our cor- to consume my half hour on this sub- Concerned that Al Qaeda could have smug- porations and international corpora- ject if that is your desire. I want to gled a nuclear weapon into Washington as tions can sell—this is about business, a wait for Senator BINGAMAN to come in well, the president ordered Vice President lot of business—can sell to you the order to consult. He should be here mo- DICK CHENEY to leave the capital for an ‘‘un- technology and the construction mate- mentarily. disclosed location,’’ where he would remain rials to produce nuclear powerplants. Mr. DODD. Mr. President, in his ab- for weeks to follow—standard procedure to And, oh, by the way, the agreement sence, why don’t we wait. My plan ensure ‘‘continuity of government’’. . . . also says you can have eight nuclear would be to have you do that and make Six months earlier the CIA’s Counterter- powerplants that are behind a curtain your statements, and I will respond to rorism Center had picked up chatter in Al Qaeda channels about an ‘‘American Hiro- that will never be inspected by inter- them at the appropriate time. shima.’’ The CIA knew that Osama bin national inspectors. That is where you So I suggest the absence of a quorum. Laden’s fascination with nuclear weapons can produce additional nuclear weap- The PRESIDING OFFICER. The went back at least to 1992, when he at- ons, which the Indian Government clerk will call the roll. tempted to buy highly enriched uranium wishes to do. The assistant legislative clerk pro- from South Africa. . . . This agreement is an unbelievable ceeded to call the roll. As CIA analysts examined Dragonfire’s re- mistake. At exactly the moment when Mr. DORGAN. Mr. President, I ask port and compared it with other bits of infor- this country should exhibit its leader- unanimous consent that the order for mation, they noted that the September at- ship, its world leadership that is re- the quorum call be rescinded. tack on the World Trade Center had set the bar higher for future terrorist attacks. . . . quired of this country to not only stop The PRESIDING OFFICER. Without As it turned out, Dragonfire’s report the spread of nuclear weapons but to objection, it is so ordered. proved to be a false alarm. But the central begin marching back to reduce the Mr. DORGAN. Mr. President, Senator takeaway from the case is this: The US gov- number of nuclear weapons, at this BINGAMAN and I will be combining our ernment had no grounds in science or logic exact time, this Government, this ad- amendments into a Dorgan-Bingaman to dismiss this possibility, nor could it do so ministration and this Congress, is say- amendment, with other cosponsors, today. ing to an ally: We will give you the and that is now being put together by Now, think of that. That is a discus- green light to produce more nuclear legislative counsel. So we will have sion about one low-yield 10 kiloton nu- weapons even though you have never that here briefly. But why don’t I pro- clear weapon allegedly stolen from the signed the nonproliferation treaty. ceed with my 30 minutes. I think Sen- Russian stockpile, smuggled into New That is almost unbelievable to me.

VerDate Aug 31 2005 00:47 Oct 02, 2008 Jkt 079060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G01OC6.035 S01OCPT1 smartinez on PROD1PC64 with SENATE October 1, 2008 CONGRESSIONAL RECORD — SENATE S10197 The nonproliferation treaty prohibits We know that terrorists are seeking nu- If anyone thinks this makes sense for peaceful nuclear assistance to so-called clear materials—enriched uranium or pluto- our country, I think there is something nonnuclear states unless they agree to nium—to build a nuclear weapon. We know wrong with that thinking. that if they get that material they can build Will it have a consequence with re- put all their facilities under inter- a nuclear weapon. We believe that if they national safeguards and give up the op- build such a weapon, they will use it. We spect to Pakistan? I expect so. Paki- tion of producing nuclear weapons. know terrorists are not likely to be deterred, stan warned the international commu- With this agreement, we say that does and that the more this nuclear material is nity in July that a deal allowing India not matter anymore. It does not mat- available, the higher the risks. to import United States atomic fuel ter. You do not have to subject these We know Osama bin Laden has been and technology could accelerate a nu- eight plants to international safe- seeking the opportunity and the mate- clear arms race between Delhi and guards. You do not have to give up the rials to build nuclear weapons since the Islamabad. They have fought substan- option of producing nuclear weapons. early 1990s. In 1998, Osama bin Laden tial wars before, as I said. The five traditional nuclear powers issued a statement titled ‘‘The Nuclear So what does Pakistan do? They go in the post-Second World War period— Bomb of Islam,’’ declaring: off and they will seek nuclear fuel as- Russia, the United States, Britain, It is the duty of Muslims to prepare as sistance from China to build 10 nuclear France, and China—all have signed the much force as possible to terrorize the en- powerplants. Will they be inspected? nonproliferation treaty. All other emies of God. The move appears aimed at countries are considered to be non- I described the book entitled ‘‘Nu- counterbalancing a nuclear fuel deal nuclear states according to the non- clear Terrorism’’ written by Graham negotiated this year between India and proliferation treaty. Allison, an official in the Clinton ad- Western suppliers. Article I of the NPT obligates the ministration who worked on these Paragraph 5 of the India separation recognized nuclear weapon states, in- issues: The potential stealing of one plan says: The United States and cluding the United States, ‘‘not in any low-yield weapon terrorizing the coun- India—this is India’s portion of the way to assist, encourage, or induce any try and a city. agreement—had agreed that the pur- non-nuclear weapons State to manufac- Nowhere is the threat of nuclear ter- pose of the agreement was not to con- ture or otherwise acquire nuclear rorism more imminent than in South strain India’s strategic program. weapons. . . .’’ With this agreement, Asia. It is home to al-Qaida, which is That is a fancy way of saying their we have decided that does not matter. seeking nuclear weapons. It is an area understanding is we are not con- We have no intention to pay attention where Pakistan and China and India straining their ability to produce addi- to Article I any longer. have always had tense relations. All tional nuclear weapons. Section 128 of the Atomic Energy Act three possess nuclear weapons. India Now, the Hyde Act passed the Con- requires all states other than the five I and China fought a border war in 1962. gress and allowed this negotiation to mentioned to have full-scope safe- India and Pakistan have fought three take place. I didn’t vote for it. I was guards as a prerequisite for receiving major wars and had two smaller scale one of a minority who didn’t vote for it U.S. civil nuclear exports. That does contests. Both detonated nuclear ex- because it had some huge holes in it, not matter anymore. plosions in 1998 and declared them- but here is what the conferees said: Section 129 of the Atomic Energy Act selves a nuclear power. After that, the The conferees believe there should be no requires the termination of nuclear ex- world held its breath while India and ambiguity regarding the legal and policy ports if a nonnuclear weapon state has, Pakistan fought a limited war in Kash- consequences of any future testing of a nu- among other things, tested nuclear mir. India is thought to have a modest clear explosive device by India. weapons after 1978. We have said that cache of nuclear weapons at this point. That is what they said. Here is how does not matter anymore. You can go to the journals and get esti- the Administration interprets the Section 102 of the Arms Export Con- mates of 25 to 50 or 60 nuclear weapons, agreement that is on the floor of the trol Act requires sanctions on any non- but India wants more. Senate: nuclear weapon state that has deto- It seems to me that to do this in the Should India detonate a nuclear explosive nated a nuclear device. That doesn’t absence of an understanding of what it device, the United States has the right to matter anymore. The United Nations means in the region, and in the absence cease all nuclear cooperation with India. Security Council resolution 1172 con- of what it means to unravel the regime We already have that right. But is demned India and Pakistan’s 1998 nu- by which we have tried to move toward that ambiguous? It surely is. The Ad- clear tests. The United States-India nonproliferation of nuclear weapons is ministration doesn’t say we are going agreement says that none of these pro- a dangerous step. to shut down or nullify this agreement; visions will be applicable to India any- I wish to describe something The it says we have the right to. more, even though it secretly used our New York Times wrote yesterday, and The proposition of the Hyde amend- technology to develop nuclear weapons I fully agree: President Bush and his ment that passed the Congress said it and then tested them. aides were so eager for a foreign policy should be unambiguous. No ambiguity. Now, a working nuclear bomb can be success they didn’t even try to get Yet the Administration is deliberately produced with as little as 35 pounds of India to limit its weapons program in being ambiguous so that if India tests uranium 235 or 9 pounds of plutonium the future. They got no promise from a nuclear weapon, that country may 239. I think nuclear terrorism and the India to stop producing bomb-making still not be subject to sanctions. threat of nuclear terrorists gaining ac- material, no promise not to expand its The BJP, which may be India’s next cess to nuclear weapons represent the arsenal, and no promise not to resume ruling party, says: gravest security threats to our Nation, nuclear testing. The Senate should The BJP would like to clearly reiterate bar none. postpone action until the next Con- that any compromise on India’s right to nu- Retired GEN Gene Habiger, who com- gress can figure out how to limit the clear test is wholly unacceptable. Finally, manded America’s nuclear forces, has damage from this deal. the agreement does not in any way affect In- said that nuclear terrorism ‘‘is not a I fully agree with that. I don’t have dia’s right to undertake future nuclear tests, matter of if; it is a matter of when.’’ any understanding why we are rush- if necessary. In 2006, Henry Kissinger wrote in the ing—with one short hearing before one This last statement was from the Washington Post: committee in this Congress—to a Prime Minister of India. Do we need to The world is faced with the nightmarish short, truncated version on the floor of say more about what might or might prospect that nuclear weapons will become a the Senate, and then agreement. not be here? standard part of national armament and Here is the agreement: India would Senator BINGAMAN and I are offering wind up in terrorist hands. have unlimited ability to import fuel an amendment, the Dorgan-Bingaman It will become a standard part of ar- for 14 civilian nuclear powerplants, and amendment, with a good number of co- mament for countries, because they it could then divert all of its current sponsors, that makes clear two things. want to possess it, and it will inevi- domestic fuel supply to 8 military reac- No. 1: If India would test, it would nul- tably end up in terrorist hands. tors which are used for nuclear weap- lify this agreement with respect to Former Senator Sam Nunn wrote in ons production, with no international United States cooperation. No. 2: Sen- the Wall Street Journal: inspection at all. ator BINGAMAN has added—and we are

VerDate Aug 31 2005 00:47 Oct 02, 2008 Jkt 079060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G01OC6.037 S01OCPT1 smartinez on PROD1PC64 with SENATE S10198 CONGRESSIONAL RECORD — SENATE October 1, 2008 putting them together—if India were to Mutually Assured Destruction, believ- clear weapons, that somehow, some test a nuclear weapon, the export con- ing that if either attacked the other, way, some day, somebody is not going trols we can enact to deal with other the retaliation would essentially de- to steal one and detonate it in a major suppliers around the world and their stroy both. The original attack would city—we have to be serious about this. dealings with India should be fully uti- inflict massive damage on the country India is a wonderful country. India is lized. that was attacked, but the country an ally of ours. It is an ally of the Let me go back to where I started for that was attacked would also retaliate United States. But that should not jus- a bit. Probably all of my colleagues in a manner that virtually obliterated tify our deciding to give a green light have been in the same discussions. I the attacking country. So that mutu- to India—a country which has never hear people say nuclear weapons are ally assured destruction represented a signed the nonproliferation treaty— like any other weapon. I hear people standoff during the Cold War with the give the green light to produce more say nuclear weapons are usable. I hear Soviet Union. nuclear weapons. That is exactly what people say we need to build new nu- In the meantime, other countries as- this agreement does. No one can stand clear weapons here in our country. We pired to become nuclear weapons pow- up in this discussion and say: This need to build bunker-buster weapons, ers, to obtain nuclear weapons, and to agreement doesn’t allow a country that nuclear weapons that can go under and this day not only do many countries has refused to sign the nonproliferation bust some caves; Earth-penetrating still desire these things, but now ter- treaty, this agreement does not allow bunker-buster weapons. Designer nu- rorists do as well. So the question is, them to produce more nuclear weap- clear weapons. We have all heard it. Who is going to step us back from this ons. It does on its face, and everybody This administration has wanted to cliff? We have a former Secretary of knows it. Everybody wants to pretend build new designer nuclear weapons. Defense who believes there is about a as though it doesn’t exist. Some believe a nuclear weapon is 50-percent chance that a nuclear weap- This is a horrible mistake. I am enor- like any other weapon. It is not. It can on—I believe he said a 50-percent mously surprised, after so many dec- never be used. To the extent and when chance—will be exploded in a major ades of people talking and thinking se- it is used, if it is used by a terrorist city within 10 years. I don’t doubt that riously about nuclear nonproliferation, group or country, nothing on this could be the prospect if we don’t use all that we reward those countries that Earth will be the same. of our energy and all of our leadership misuse nuclear technology in order to It was different in the 1940s. The last capability as a leading nuclear power secretly produce nuclear weapons and time a nuclear weapon was used in in this world—a nuclear weapons power secretly test nuclear weapons. We now anger, outside of tests, was to end the in this world—to try to march back say to them: By the way, here is your Second World War. Then virtually no from 25,000 nuclear weapons to far reward, an agreement by which you one else had nuclear weapons. Now we fewer nuclear weapons; to try to put up can continue to do it; an agreement have nuclear weapons spread around walls by which we will not allow people which is written in a way that says we will allow you to produce more nuclear this globe. This country has assumed or countries to proliferate nuclear weapons and, oh, by the way, if you the responsibility for many years—the weapons. mental responsibility to try to stop the We have a man in Pakistan who is test, we won’t even put in the agree- spread of nuclear weapons. It is a des- under house arrest, and has been for a ment that we will nullify it. An agree- perate attempt to say: You know what. long while, Mr. A. Q. Khan, who appar- ment we might nullify. We ought to The only way this planet is going to ently is a national hero of sorts in put in the agreement, ‘‘We will,’’ which continue is if we stop the spread of nu- Pakistan. He spread nuclear secrets all was promised in the conference report. So maybe I am not capable of under- clear weapons. Does anybody think if around the world for money. Our coun- standing the world view of some that people start lobbing nuclear weapons try has never even been able to inter- allowing an ally of the United States, back and forth, killing millions of peo- view him, to talk to him, to under- that has not signed the nonprolifera- ple, that this planet survives? I don’t. stand where these secrets went. As I tion treaty, to produce additional nu- We have 25,000 of them on this planet, said, he is not in prison, he is under and we are going to sign up to an clear weapons is somehow strength- house arrest. He is still considered a ening our country or the world or is agreement today that says let’s hero by some. good for us. Maybe I missed something, produce more? Not us, although we We have to get serious about this but I don’t think so. I think what is have people here who want to produce issue of the proliferation of nuclear missing is the logic and the commit- more in this country. This says let weapons. We are not getting serious ment to nonproliferation of those who India produce more in secret. What about an issue such as this by disman- negotiated this. What is missing is the does that mean to Pakistan? What does tling the very structure that has determination and the relentless effort that mean to China? What does that helped us now for some 60 years to pre- by this country to lead in the direction mean to that South Asian region? vent the spread of nuclear weapons or of reducing the number of nuclear What does it mean to the world? at least prevent the use of nuclear weapons and not allowing the produc- This is such a truncated debate and weapons. tion of more. such a shame. There are a lot of very In the Appropriations Committee Mr. President, I yield the remainder interesting, qualified, serious people hearing I described earlier, I said: We of my time. How much time do I have who ought to be weighing in on this to have been lucky, and someone said: remaining? describe what we are doing here today Well, it is much more than luck. I said: The PRESIDING OFFICER (Mr. in terms of the consequences to this I agree it is more than luck. It is a re- CASEY). Five minutes. planet. What are the consequences to gime, it is a structure of nonprolifera- Mr. DORGAN. I reserve the remain- the regime that has existed for many tion that we have worked on. Many ad- ing 5 minutes. years—five or six decades now—to try ministrations worked seriously in this The PRESIDING OFFICER. The Sen- to stop the spread of nuclear weapons? area. ator from Connecticut. I had a hearing one day in my appro- This administration, regrettably, ap- Mr. DODD. Mr. President, I have a priations subcommittee, because we pointed people to positions of author- consent agreement that would combine fund the nuclear weapons portion of ity on nuclear nonproliferation who the two amendments. I ask unanimous the appropriations process in the De- didn’t believe in the mission. They consent that the order with respect to partment of Energy. In that hearing, didn’t even believe in the mission. The H.R. 7081 be modified to provide that someone described the fact that the question for us now is: Is this the way the Dorgan and Bingaman amendments last time a nuclear weapon was used in forward, to take apart the structure? be combined into one amendment; that a conflict was in 1945, and it has been When I said we have been lucky, all debate time specified previously re- all of these decades—all of these dec- what I meant was that the structure main available and the amendment be ades—that we have constrained the use has certainly helped, but we are going subject to the 60-vote threshold, as pro- of nuclear weapons. The Soviets and to need more than that. We are going vided under the previous agreement. the U.S. built massive stockpiles of nu- to need some good fortune. If we think The PRESIDING OFFICER. Without clear weapons under a doctrine called we can live on a planet with 25,000 nu- objection, it is so ordered.

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