23506 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 17 October 1, 2008 We include tax extenders to lower way they set it up. Members of the markets, and a way of thinking of it is taxes for middle-class families, busi- House of Representatives are elected like this: You could think of our whole nesses, and for private sector entre- for 2-year terms, we have 6-year terms, economy as the human body, but the preneurs and producing clean, renew- and a lot of the time there is envy and credit markets are the circulatory sys- able, alternative energy sources. These jealousy as to how we do what in each tem. Right now, as the distinguished tax cuts will create hundreds of thou- body. But in the end, we need to work majority leader pointed out, the credit sands of jobs here in America, spark in- together. We get a lot of stuff from the markets are frozen, so the circulatory vestment in the economy by small House that we don’t like in the way system is not working as it should. If businesses and large businesses, and they have written it, but that is who the circulatory system doesn’t work, it help chart our course away from im- they are. They do not like what we begins to choke off the body—the econ- ported oil toward the homegrown fuels send them, and they probably think omy. With the step we take tonight, we of tomorrow. they could do a better job than we are confident we will be able to restore There are a few people in the House have—and maybe they could have—but the circulatory system, if you will, and who would rather we did this some this is what we are going to send them. regain health for the economy—the other way, and we have tried other I hope, as soon as the House can body, if you will—and get the problem ways. I say to my friends in the House move, they will move quickly—maybe fixed for the American people. of Representatives, we have to get this tomorrow—so that by this weekend I said yesterday that we are going to done. We cannot leave Washington rolling around we will have done what fix this problem this week. The Senate without doing the financial rescue we need to do for the American people. will speak tonight. We will send to the package and this tax extenders bill. I repeat, this isn’t for Lower Manhat- House a package that, if passed, will People are waiting. People have been tan, this is for people in Elkhorn, NV, address the issue. laid off. in Reno, NV, and in Las Vegas, NV. We will have demonstrated to the Senator DURBIN and I had a man This is so people can keep their jobs American people that we can deal with come to us—an immigrant from the and be able to buy cars and get a loan the crisis in the most difficult of Ukraine—who has been extremely suc- to take care of that car. It is so a car times—right before an election, when cessful in America. He is an American dealer will be able to do as they have the tendency to be the most partisan is citizen, of course. He came to us and done for decades and borrow money to the greatest. But we are in the process said: If you don’t pass the tax extend- buy cars so they have cars to sell. of setting that aside, rising to the chal- ers, I am going to lose my business; Right now, they can’t do that. I got a lenge—both Democrats and Repub- people will be laid off. Hundreds of peo- call yesterday from a car dealer in Las licans—and doing what is right for the ple will be laid off. He had loans for de- Vegas saying that he can’t buy any American people. veloping these businesses, and if the cars and that he needs to have inven- I yield the floor. tax extenders did not come forward, tory. He said if somebody tries to buy f they wouldn’t loan him the money. a car, most people can’t get a loan. And They would call back the loans, is what it is going to get worse, not better, un- RESERVATION OF LEADER TIME less we do something. he told us. The ACTING PRESIDENT pro tem- f So legislation is never perfect, but we pore. Under the previous order the have done our best, and these tax ex- RECOGNITION OF THE MINORITY leadership time is reserved. tenders are so important for the Amer- LEADER ican people. It would not be good for us f The ACTING PRESIDENT pro tem- to leave here—it would be a blight on pore. The Republican leader is recog- CORRECTION TO APPOINTMENT this Congress—and not pass these tax nized. extenders. These aren’t for the Mr. DODD. Mr. President, I ask unan- wealthy, they are for people who are f imous consent that action on the ap- working for a living and trying to keep ECONOMIC RESCUE pointment of Rainier Spencer made yesterday be corrected to reflect that a job. And jobs will be created. I re- Mr. MCCONNELL. Mr. President, peat, tens of thousands of jobs will be is an appointment made on behalf of after Monday’s vote in the House, the the majority leader and that correction created. question is not how we got here but I believe every part of this bill enjoys be printed in the RECORD. how we get out and how to get our The ACTING PRESIDENT pro tem- bipartisan support. Every part is aimed economy back on its feet. So after ex- directly at the heart of our financial pore. Without objection, it is so or- tensive consultation between the ma- dered. crisis. No one is happy about paying for jority leader and myself and the lead- this dramatic and expensive step with ers in both parties here in the Senate, f the bailout. No one is glad we have we believe we have crafted a way to go reached this critical point. Senator UNITED STATES-INDIA NUCLEAR forward and to get us back on track. COOPERATION APPROVAL AND OBAMA said yesterday that there will This is the only way to get the right be plenty of time to assign blame. Now NONPROLIFERATION ENHANCE- kind of solution for the American peo- MENT ACT is our time to work—not as Democrats, ple. Both Senator OBAMA and Senator not as Republicans, but as guardians of MCCAIN are coming back tonight to The ACTING PRESIDENT pro tem- the public trust—to forge a better way embrace this effort and to help us reas- pore. Under the previous order, the ahead. sure the American people that we are Senate will now proceed to the consid- So I am hopeful that tonight we will going to fix this problem. eration of H.R. 7081, which the clerk see a strong vote in support of this No one is happy with the situation will report. plan and that the bipartisanship shown we are in, but it is a situation that we The assistant legislative clerk read here in the Senate today will spark the have. And the American people didn’t as follows: House of Representatives to do the send us here just to do easy things; A bill (H.R. 7081) to approve the United same. they expect us to rise to big challenges States-India Agreement for Cooperation on Mr. President, the Founding Fathers and to put aside differences and to Peaceful Uses of Nuclear Energy, and for were very visionary in setting up this work on their behalf. So tonight the other purposes. unique system we have here—the legis- Senate will vote on an economic rescue The ACTING PRESIDENT pro tem- lative system. We have three separate plan designed to shield millions of pore. The Senator from Connecticut is but equal branches of Government. But Americans from shockwaves of a prob- recognized. the legislative branch was set up by lem they didn’t create. Mr. DODD. Mr. President, I am our Founding Fathers so that there We have two problems. We have the standing in today, my colleagues would be internal strife. That is the equity markets and we have the credit should be aware, for Senator BIDEN,

VerDate Mar 15 2010 12:31 Apr 14, 2011 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR08\S01OC8.000 S01OC8 erowe on DSK5CLS3C1PROD with BOUND RECORD October 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 17 23507 who is the chairman of the Foreign Re- chart a new course in relations be- dress technical concerns expressed lations Committee. As most of the tween our two great democracies. about the agreement. This extraor- world is aware, he is otherwise occu- There are compelling geopolitical dinary consultation resulted in a bill pied. reasons to move forward with this rela- that will improve U.S. implementation As the ranking Democrat next to tionship. India has become a major of the accord and assure that nuclear him, I have been asked to assume the actor in the world. non-proliferation remains at the core responsibility of bringing this matter Why don’t we put up this map. One of of U.S. foreign policy. Our committee before the Senate. Senator BIDEN has the things I thought I would do is put approved a bill identical to the House- spent a great deal of time on this issue, up a map. I know everyone knows ex- passed bill by a vote of 19-to-2. I com- along with his friend and colleague, the actly where these countries are lo- mend chairman HOWARD BERMAN in the former chairman, Senator LUGAR, as cated, but I think sometimes it can be House and Senator LUGAR for his lead- have other Members as well. helpful to remind people of the tremen- ership as well. Today we will talk about this issue, dous importance of India’s location in This agreement is not a partisan the importance of it, the action taken Asia, sharing borders with many coun- issue. President Clinton launched the by the House of Representatives under tries—certainly China and Pakistan initiative, and President Bush pushed the leadership of HOWARD BERMAN, the and in close proximity with Afghani- it to fruition. It had strong support on chairman of the Foreign Affairs Com- stan, a very fragile part of the world. both sides of the aisle in 2006, when we mittee of that body. If you look at this map—I will leave voted on the Henry J. Hyde Act, estab- I have a letter from the Secretary of it up for a good part of the day—you lishing the underlying principles and State, as well as other supporting in- will appreciate, aside from the agree- requirements of this accord. Indeed, 85 formation, that leads us to the conclu- ment itself, the strategic importance members of the Senate supported the sion that this bill ought to be passed, of this relation for the United States. Hyde Act, and only 12 voted against it. and passed, I hope, overwhelmingly by India has become a major actor in I believe the resulting agreement has this body because of the message it the world, and it increasingly sees strong support today. would send not only to the people and itself in concert with other global pow- I mentioned Henry Hyde arrived in the Government of India but others as ers, rather than in opposition to them. Congress in 1975, along with some 74 of well about the direction we intend to Indian Prime Minister Singh, who us elected in that fall of 1974. I had a take in the 21st century about this visited Washington just last week, has wonderful relationship with Henry matter. devoted energy and political courage in Hyde. We served together in the House I will share some opening comments, forging this agreement, and in seeking and then during our respective tenure and I will turn to my colleague, Sen- approval for it in India. Put simply, he in that body, and then in this body. As ator LUGAR, for any comments he has, has placed himself and his political I mentioned earlier, Henry Hyde was a and then Senator DORGAN and Senator party on the line. remarkable Member of Congress and BINGAMAN—at least two people I know In India, the political symbolism of accomplished many things. He was con- who have amendments they wish to the agreement is extremely important. troversial in some ways but a person of have offered. I know they have com- It addresses the most divisive and long- deep conviction, deep personal convic- ments and thoughts they have to share standing issue between our two coun- tions, and he brought that conviction on this subject matter as well. tries dating back to 1974. Most impor- to everything he engaged in as a mat- In addition to Senator LUGAR and tant, the agreement addresses India as ter of public policy. Senator BIDEN on the committee, there an equal—a point that looms large in We probably would not be in as are other Members as well who ex- India, where there are strong memories strong a position today to talk about pressed a strong interest in the subject of a colonial past and of tensions with this agreement had it not been for the matter—not necessarily an agreement the United States during the Cold War. Hyde Act. So I would be remiss this with this proposal but nonetheless Some of the debate in India focused morning in discussing this if we didn’t should be recognized for their diligence on whether the agreement with the pay tribute to Henry Hyde and his con- in paying attention to the issue. Sen- United States would hamper India’s tribution to this very issue. I want the ator FEINGOLD of Wisconsin and Sen- nuclear weapons program. But much of record to reflect my appreciation for ator BARBARA BOXER of California have the give-and-take was really about a the work this man did on behalf of all demonstrated a real interest and con- more basic question—whether it was of us by drafting and supporting and cern about this issue. really time for India to work coopera- insisting upon the adopting of the Hyde I want to speak for a few minutes tively with Western countries. Reach- Act. about Representative Henry Hyde. I ing an accord on nuclear status has Mr. President, throughout our work was elected with him in 1974 to the been wrenching for India, despite the on this agreement we have sought to House of Representatives. He is no favorable terms that some say India address concerns expressed in the longer with us, but nonetheless he obtained. United States as well as in India. Some made a remarkable contribution as a This agreement is indicative of a new nuclear nonproliferation experts have Republican Member of the House of era in Indian foreign policy—an era in voiced a fear that it would lead India— Representatives, not the least of which which India will see all the world’s and then India’s neighbors—to increase was this one, on the Hyde amendment, powers as potential partners in efforts the production of nuclear weapons. which will be discussed, I presume, at to address its own needs and the needs Some experts have warned that giving some length today as we talk about of others. I believe that this new era India the right of peaceful nuclear this bill, H.R. 7081, the United States- will bring increased stability and commerce, despite its refusal to sign India Nuclear Cooperation Approval progress to South Asia. I see the bill the Nuclear Non-Proliferation Treaty, and Nonproliferation Enhancement before us as approving far more than could undermine the world’s willing- Agreement. just a nuclear agreement. Among other ness to abide by that vital treaty and I rise to urge passage of this bill, ap- things, it will set the stage for a to enforce compliance with it. We have proving the United States-India peace- stronger U.S.-India relationship, which been consistently vigilant to such ful nuclear cooperation agreement. On will be of critical importance to our risks, and the Hyde Act and this bill this past Saturday, the House of Rep- country in the 21st century. give us the tools to remain so in the fu- resentatives passed this bill by a mar- The Committee on Foreign Relations ture. gin of 298 to 116, a resounding vote in held an in-depth hearing on the U.S.- The process that led to the U.S.-India support for this agreement. India agreement last month. The com- agreement was undertaken with an eye This agreement with India is as im- mittee, along with the House Com- to achieving progress on nonprolifera- portant as it is historic. This bill en- mittee on Foreign Affairs, worked tion issues. Pursuant to a declaration ables the United States and India to closely with the administration to ad- issued in July 2005 by President Bush

VerDate Mar 15 2010 12:31 Apr 14, 2011 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR08\S01OC8.000 S01OC8 erowe on DSK5CLS3C1PROD with BOUND RECORD 23508 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 17 October 1, 2008 and Prime Minister Singh, it is impor- subsequent arrangement if India builds There are those who will argue for tant to note the following: a new reprocessing facility dedicated delaying and waiting later, but I think India has improved its export control to its civilian nuclear power sector. the moment is here. Again, this is an law and regulations; Congress should have a special role in important message to send. As I men- India has moved to adhere to the this, because spent fuel reprocessing tioned earlier, I am not sure my col- guidelines of the Nuclear Suppliers can produce weapons-grade plutonium. leagues are aware of this, but Prime Group and the Missile Technology Con- This is an improvement over current Minister Singh showed remarkable trol Regime; law, which allows such arrangements courage as the Prime Minister of that India has affirmed that it will not to take effect 15 days after public no- country in forging this agreement. I transfer equipment or technology for tice is given in the Federal Register. think our response to it is important— uranium enrichment or spent fuel re- The bill requires the President to not that we ought to sign on to it for processing to any country that does certify that it is U.S. policy to work in that reason—but it is important, how not already have a full-scale, func- the Nuclear Suppliers Group to achieve important this relationship is. tioning capability; further restrictions on transfers of en- Again, I draw the attention of my India has reaffirmed, both to the richment and reprocessing equipment colleagues to this map behind me and United States and to the Nuclear Sup- or technology. the central role, geographically, this pliers Group, its unilateral moratorium The bill also directs the President to great and mature democracy holds in on nuclear testing; seek international agreement on proce- this part of the world, where in many India has initialed, and intends to dures to guard against the diversion of cases there is something far less than a sign, a safeguards agreement with the heavy water from civilian to military strong and mature democracy. To have IAEA; programs. The India agreement has a good, strong relationship with this India has begun to negotiate an Addi- protections for heavy water that the great country in this century will be of critical importance, I believe, to our tional Protocol to that safeguards United States may supply, or that is safety as a nation and the safety of agreement; and produced with U.S.-supplied equip- India will bring under IAEA safe- mankind. ment. We need to get supplier coun- So this agreement transcends a bilat- guards over a dozen existing or planned tries to adopt similar standards. This eral relationship. It goes far deeper nuclear facilities that were not pre- was the subject of some lengthy con- than that, reaches far broader than the viously subject to safeguards. versation at the committee hearing on boundaries of two countries separated The bill before the Senate provides this very matter, talking about the by the great distance but allows us, for additional measures that guide the im- heavy water issue and what can be pro- the first time in some 35 years, to once plementation of the agreement, and duced by that. I left the hearing con- again grow closer together as two greet they are worthy of note. fident that the administration intends democracies. This agreement reaffirms that our to pursue these matters very aggres- The tension between our countries approval of the agreement is based on sively. has been there for these past 35 years. U.S. interpretations of its terms. In The bill requires regular reporting on Tonight we will have an opportunity to other words, it reaffirms that Presi- the executive branch progress in its ef- put that behind us and to build a new dent Bush’s assurances about fuel sup- forts on enrichment and reprocessing relationship. plies are a political commitment—and limits and protecting against heavy For that reason, this agreement also are not legally binding. water diversion. has great significance and import. It requires the President to certify That is a lot to consume. I will be THE SECRETARY OF STATE, that approving this agreement is con- happy to make this available to my Washington, October 1, 2008. sistent with our obligation under the colleagues to review—staff have Hon. HARRY REID, Nuclear Non-Proliferation Treaty not worked on this very diligently over the U.S. Senate. to assist or encourage India to produce last number of years—to respond to DEAR SENATOR REID: I am writing to ex- nuclear weapons. press support for the ‘‘United States-India any Member or staff member about any Nuclear Cooperation Approval and Non- Before the Nuclear Regulatory Com- of this. It is somewhat complicated proliferation Enhancement Act’’ (H.R. 7081). mission can issue any licenses under when you get into the issue of heavy I very much appreciate your consideration of this agreement, India’s safeguards water and physics. Nonetheless, there this important bill within such an extraor- agreement with the IAEA must first are matters I want the Members to be dinary timeframe. We would not be asking enter into force. In addition, India confident about when they consider for such exceptional action if we did not be- must file a declaration of civilian nu- their vote on this very important bill. lieve it was necessary to complete an initia- tive on which both the Administration and clear facilities under the safeguards So, again, I wish to thank the admin- Congress have worked very hard, and on a agreement that is not ‘‘materially in- istration, and I will ask unanimous thoroughly bipartisan basis, since 2005. consistent’’ with the separation plan consent, if I may—this is a letter which The U.S.-India nuclear agreement marks that India issued in 2006. We know that we received from the State Depart- the culmination of a decade-long process. there will be some changes, because the ment, from Secretary of State Two successive Administrations have sought 2006 plan envisioned safeguards begin- Condoleezza Rice, expressing the to improve U.S.-India relations and adapt ning that year—rather than 2 years American policy to India’s emergence on the strong support of the administration international stage. For the United States, later. But this guards against a dec- for this agreement. passage of this legislation will clear the way laration that flatly contradicts India’s I ask unanimous consent that this to deepen our strategic relationship with promises. letter be printed in the RECORD. India, open significant opportunities for The bill also requires prompt notifi- The ACTING PRESIDENT pro tem- American firms, help meet India’s surging cation of the Foreign Relations Com- pore. Without objection, it is so or- energy requirements in an environmentally mittee if India should diverge from its dered. friendly manner, and bring India into the global nuclear nonproliferation mainstream. separation plan in implementing its (See exhibit 1.) I encourage you to pass H.R. 7081 without safeguards agreement. Mr. DODD. As I mentioned earlier, of amendment. The current bill advances the The bill establishes a procedure for course, I’d like to express my gratitude U.S.-India relationship while enhancing non- congressional review—and possible re- to Senator BIDEN for his remarkable proliferation efforts worldwide. Amendments jection—of any ‘‘subsequent arrange- work on this effort, along with Senator would unnecessarily jeopardize the careful ment’’ under the agreement that would LUGAR. Obviously, this team who has progress we have achieved with India at a allow India to reprocess spent nuclear worked so closely together on so many time when I believe it is important for us to fuel that was derived from U.S.-sup- issues, but this one is of extreme im- seize the significant momentum we have cre- ated in the U.S.-India relationship. plied reactor fuel or produced with portance. Again, I urge my colleagues I understand that some Senators have U.S.-supplied equipment. Article 6 of to be supportive of it. We have a questions about the impact of an India nu- the India agreement anticipates such a chance to get this done. clear test on this initiative. We believe the

VerDate Mar 15 2010 12:31 Apr 14, 2011 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR08\S01OC8.000 S01OC8 erowe on DSK5CLS3C1PROD with BOUND RECORD October 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 17 23509 Indian government intends to uphold the security and nonproliferation efforts, Unlike the administration’s original continuation of the nuclear testing morato- as well as congressional prerogatives. proposal, the Hyde Act neither re- rium it affirmed to the United States in 2005 It is an opportunity to build a stra- stricted nor predetermined congres- and reiterated to the broader international tegic partnership with a nation, India, sional action on the 123 Agreement. community as recently as September 5, 2008. that shares our democratic values and We expect India to move quickly to Let me reassure you that an Indian test, as I have testified publicly, would result in will exert increasing influence on the negotiate a new safeguards agreement most serious consequences. world stage. with the IAEA and then to seek con- Existing in U.S. law would require an auto- Last Saturday, September 27, the sensus from the Nuclear Suppliers matic cut-off of cooperation, as well as a House of Representatives voted 297 to Group in accordance with the Hyde number of other sanctions, if India were to 117 to approve this agreement. Senate Act. Unfortunately, domestic political test. After 60 continuous session days, the approval would be the capstone to divisions in India led to a delay of al- President could waive the termination of co- more than 3 years of efforts in the most 2 years. operation if he determined that the cut-off United States and India and around the Final action on these two tasks was would be ‘‘seriously prejudicial’’ to non- world. not completed until earlier this month. proliferation objectives or ‘‘otherwise jeop- By embracing this agreement, India’s ardize the common defense and security.’’ India engaged and obtained the ap- We believe existing law strikes the proper leaders are seeking to open a new chap- proval of a new safeguards agreement balance in responding to a nuclear test, and ter in the United States-India relations with the IAEA on August 1. Nuclear it is consistent with the approach adopted by and reverse decades of fundamental Suppliers Group consensus was re- the Nuclear Suppliers Group when it adopted disagreement over the nonproliferation ceived on September 6. Since that the exception for India in early September. regime. India has created a new na- time, the administration and both Please allow me also to reiterate what I tional export control system; promised Houses of Congress have worked dili- told Congress on April 5, 2006, when this to maintain its unilateral nuclear test- gently to evaluate the agreements, an- same question arose: ‘‘We’ve been very clear ing moratorium; pledged to work with with the Indians . . . should India test, as it swer questions from Members of Con- has agreed not to do, or should India in any us to stop the spread of enrichment and gress, and move the process forward. way violate the IAEA safeguard[s] agree- reprocessing technologies; proposed to The Hyde Act required the President ments to which it would be adhering, the separate its civilian and military fa- to report to Congress on whether India deal, from our point of view, would at that cilities and committed to place its ci- had met seven determinations which point be off.’’ vilian facilities under IAEA safeguards. are as follows: India has provided the Encouraging India’s sustained commit- If approved, an agreement will allow United States and the IAEA with a sep- ment to its moratorium on nuclear testing India to receive nuclear fuel tech- aration plan for its civilian and mili- will be important to the strategic partner- nology and reactors from the United tary facilities and filed a declaration ship the United States now seeks to build with India. Congress and the Administration States, benefits that were previously regarding civilian facilities with the have carefully addressed testing concerns in denied to India because of its status IAEA; India has concluded all legal the Hyde Act, the U.S.-India 123 Agreement, outside the Nuclear Non-Proliferation steps prior to signature for its safe- and the testimony of Administration offi- Treaty. guards agreement in perpetuity with cials. The benefits of this pact are designed the IAEA; India and the IAEA are mak- We have an unprecedented and historic op- to be a lasting incentive for India to ing substantial progress in completing portunity before us to help shape the 21st abstain from further nuclear weapons an additional protocol; India is work- century for the better. With this legislation tests and to cooperate closely with the ing actively with the United States to in its current form, the Senate can help en- United States in stopping proliferation. conclude a fissile material cutoff trea- sure that the United States and India com- The 123 Agreement was submitted by plete the journey we began together three ty; India is working with and sup- years ago. You can also help ensure that U.S. President Bush on September 10, 2008. porting the United States to prevent industry—just like its international counter- Last week, the Foreign Relations Com- the spread of enrichment and reproc- parts—is able to engage with India in civil mittee voted 19 to 2 to report this bill, essing technology; and, India is taking nuclear trade. approving the agreement to the full the necessary steps to secure nuclear Sincerely, Senate. The bill the House voted on materials and technology; and, the Nu- CONDOLEEZZA RICE. Saturday was almost identical to the clear Suppliers Group has decided by The ACTING PRESIDENT pro tem- bill approved by the Senate Foreign consensus to permit supply to India of pore. The Senator from Indiana. Relations Committee. nuclear items under an exception to Mr. LUGAR. Mr. President, I wish to Now, 2 years ago, the Senate voted 85 their guidelines. congratulate Senator DODD for his to 12 to approve legislation that set the Now, 2 weeks ago at a Foreign Rela- leadership in the Foreign Relations parameters for the 123 Agreement we tions Committee hearing, Under Sec- Committee as we took up this historic are considering today. The House voted retary of State for Political Affairs agreement. He and I both congratulate 359 to 68 to approve companion legisla- Bill Burns, Acting Under Secretary Prime Minister Singh, our President, tion. At the time, the Foreign Rela- Joan Rood, and the lead U.S. Nego- President Bush, and Secretary Rice for tions Committee undertook an exten- tiator, Richard Stratford, provided de- their advocacy. sive review of the agreement and its tailed analysis of the agreement. Mem- This is, indeed, a historic day and a context. We held three public hearings bers were able to examine the docu- historic moment in the relationship be- with testimony from 17 witnesses, in- ments accompanying the 123 Agree- tween the United States and India, a cluding our Secretary of State, ment and ask questions of witnesses very important partnership for world Condoleezza Rice. about the Hyde Act, the 123 Agree- peace. We received a classified briefing from ment’s text, the new safeguards agree- Today we consider the United States- Under Secretaries of State Nick Burns ment, and the Nuclear Suppliers Group India Peaceful Nuclear Cooperation and Bob Joseph. Numerous briefings decision. Agreement. This is one of the most im- were held for staff with experts from I am convinced the President has met portant strategic diplomatic initia- the Congressional Research Service, all the required determinations under tives undertaken in the last decade. By the State Department, the intelligence the Hyde Act. However, the congres- concluding this pact, the United States community, and the National Security sional review of the agreement dem- has embraced a long-term outlook that Council. onstrated that two issues required pro- will give us new diplomatic options and I submitted 174 written questions for visions in the legislation before us. improved global stability. the record to the Department of State First, India has not identified in the The legislation we are considering on details of the agreement, and I post- text of its IAEA safeguards agreement approves the 123 Agreement that will ed those answers on my Web site. The those facilities it will place under safe- allow the United States to engage in 2006 legislation set the rules for today’s guards. India has provided a plan for peaceful nuclear cooperation with consideration of the 123 Agreement be- the separation of facilities from its nu- India, while protecting U.S. national tween the United States and India. clear weapons program to the IAEA,

VerDate Mar 15 2010 12:31 Apr 14, 2011 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR08\S01OC8.000 S01OC8 erowe on DSK5CLS3C1PROD with BOUND RECORD 23510 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 17 October 1, 2008 but the plan is nonbinding and appears During the formulations hearings, I of U.S. officials believed the worst outdated. asked Acting Under Secretary John nightmare of their lives—something This is not what Congress understood Rood if the arrangement that would be even more horrific than 9/11—was about would happen when we approved the negotiated with India to permit reproc- to come true. In October of 2001, an in- Hyde Act. Indeed, in 2006, the adminis- essing would be submitted to Congress telligence report went out to a small tration requested bill language calling for review. number of government agencies, in- on India to file ‘‘a declaration regard- Mr. Rood stated: ‘‘ . . . yes, that’s re- cluding the Energy Department’s top ing its civil facilities with the IAEA.’’ quired under the Atomic Energy Act.’’ secret nuclear emergency search team The safeguards agreement containing Permitting spent nuclear fuel from based in Nevada. that declaration was to enter into force the United States to be reprocessed in This is a Time report, but I have it before submission of the 123 Agreement India is a complex matter that requires also in a book written by Graham Alli- to Congress. careful implementation. The bill before son. Under the Hyde Act, India and the us today does not block negotiations The report said that terrorists were IAEA must conclude: on such arrangements with India. How- thought to have obtained a 10-kiloton All legal steps required prior to signature ever, the bill does require a future ad- nuclear weapon from the Russian arse- by the parties of an agreement requiring the nal and that they planned to smuggle application of IAEA safeguards in perpetuity ministration to submit such a ‘‘subse- in accordance with IAEA standards, prin- quent arrangement’’ to Congress which it into New York City. The source of ciples, and practices . . . to India’s civil nu- would have the power to pass a resolu- the report was a CIA agent named clear facilities, materials, and programs. . . . tion of disapproval. Dragonfire. Dragonfire’s report actu- including materials used in or produced By addressing these two important ally was something that was claimed through the use of India’s civil nuclear fa- matters, I believe this legislation im- to be undetermined in terms of reli- cilities. proves congressional oversight for fu- ability. But it was something the CIA The purpose of this complex provi- ture nuclear cooperation with India agent named Dragonfire had picked up. sion was to secure the most complete and corrects a problem related to the Dragonfire’s claim tracked with a re- version possible of the safeguards new safeguards agreement India has port from a Russian general who be- agreement for congressional review. with the IAEA. lieved his forces were missing a 10-kil- We intended that it be submitted as In conclusion, I strongly urge my col- oton device. Since the mid-1990s, pro- part of the Presidential determination leagues to approve the United States- liferation experts have wondered and waiver report required by the Hyde India agreement. The national security whether several portable nuclear de- Act. Unfortunately, by not naming the and economic future of the United vices might be missing from the Rus- facilities in the safeguards agreement, States will be enhanced by a strong sian stockpile. That made the there is an open question as to when and enduring bipartisan with India. Dragonfire report all that more alarm- India will act. This has legal implica- With a well-educated middle class ing. Detonation of a 10-kiloton nuclear tions because the United States is pro- that is larger than the entire U.S. pop- weapon in downtown New York would hibited by law and our NPT obligations ulation, India can be an anchor of sta- kill about 100,000 civilians, irradiate from having nuclear trade with any fa- bility in Asia and an engine of global 700,000 more, and flatten everything for cility not named in India’s safeguards economic growth. a half a mile. agreement. Moreover, the United States has a So the counterterrorist investigators In response to this issue, Section 104 strong interest in expanding energy co- went on the highest alert, we are told. of the bill before us requires that li- operation with India to develop new The search team went to New York censes may not be issued by the Nu- technologies, cut greenhouse gas emis- City. It was kept secret so as not to clear Regulatory Commission for sions, and prepare for declining global panic the people of New York. Mayor transfer of nuclear fuel, equipment and Giuliani was not informed. If terrorists technology until after the President fossil fuel reserves. The United States’ own energy prob- had managed to smuggle a nuclear determines and certifies to Congress weapon into New York City, the ques- that, one, the safeguards agreement ap- lems will be exacerbated if we do not tion was, could they detonate it. About proved by the IAEA Board of Governors forge energy partnerships with India, a month later, after this report from a on August 1, 2008, has entered into China, and other nations experiencing CIA agent named Dragonfire of a nu- force; and, two, India has filed a dec- rapid economic growth. This legisla- laration of facilities that is not materi- tion will promote much closer United clear weapon having been stolen by ter- ally inconsistent with the facilities and States-Indian relations while pre- rorists, smuggled into New York City, schedules described in its separation serving the priority of our non- about to be detonated, about to kill plan. proliferation efforts. We should surely massive numbers of people, it was de- The second issue that required a new move forward now. termined that perhaps this was not a provision in this legislation is India’s I thank the Chair and yield the floor. credible intelligence report. But in the desire to reprocess spent nuclear fuel The PRESIDING OFFICER (Mr. NEL- postmortem evaluation, they deter- burned in its reactors, including fuel SON of Nebraska). The Senator from mined it is plausible to have believed a from the United States. Reprocessing Connecticut. Russian nuclear weapon could have can result in the separation of pluto- Mr. DODD. Mr. President, I yield been stolen. It is plausible to believe, nium, which can be used in a nuclear time to the Senator from North Da- having stolen it, terrorists could have weapon. kota. smuggled it into New York City, and The United States permits some NPT The PRESIDING OFFICER. The Sen- plausible to believe they could have members with long histories of strong ator from North Dakota. detonated it; one low-yield nuclear compliance with the IAEA agreement Mr. DORGAN. Mr. President, the weapon. There are 25,000 of them on to reprocess U.S.-origin spent nuclear tragedy of 9/11 is indelibly imprinted on this planet. Think of the apoplectic fuel through a process called pro- the minds of all of us. What is not so seizure that occurred in October of 2001 grammatic consent. well understood or remembered was over a report by a CIA agent that he During negotiations on the 123 Agree- that one month later, October 2001, picked up some information about one ment, India requested programmatic something else happened. Graham Alli- low-yield nuclear weapon being smug- consent and the United States agreed. son, someone who has worked on non- gled into New York City. There are However, the United States made pro- proliferation in the Clinton adminis- 25,000 nuclear weapons on this Earth. grammatic consent contingent on India tration, has written a book about it. Our job is to provide the leadership establishing a dedicated facility to Time magazine wrote about it in to begin to reduce the number of nu- carry out the reprocessing and an March of 2002. clear weapons. The bill before us will agreement on reprocessing procedures Here is what they said: A month after almost certainly expand the production in this new facility. 9/11, for a few harrowing weeks, a group of nuclear weapons by India.

VerDate Mar 15 2010 12:31 Apr 14, 2011 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR08\S01OC8.000 S01OC8 erowe on DSK5CLS3C1PROD with BOUND RECORD October 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 17 23511 Here is what it says to India: Even as spect. India can then divert its entire Let me say again, the India Prime we take apart the basic architecture of domestic fuel supply to eight military Minister says the agreement does not nonproliferation efforts, the nuclear reactors to produce additional nuclear in any way affect India’s right to un- nonproliferation treaty, which India is weapons. dertake future nuclear tests, if nec- one of three countries that has never What does that mean? It is our agree- essary. signed, even as we take that non- ing that India, that has never signed This is a planet with 25,000 nuclear proliferation architecture apart with the nonproliferation treaty and has weapons, tactical and strategic. The this bill, we have said to India, with tested nuclear weapons and developed suspected loss or stealing of one caused this agreement, you can misuse Amer- nuclear weapons in secret using our an apoplectic seizure in October of 2001. ican nuclear technology and secretly technology, is now given an agreement We have 25,000 of them. Our job as an develop nuclear weapons. That is what that allows them to build more nuclear international leader, a world leader, they did. You can test those weapons. weapons. Their neighbor is Pakistan, our job is to begin marching back from That is what they did. You can build a also possessing nuclear weapons. Paki- the abyss; that is, to reduce the num- nuclear arsenal in defiance of United stan warned the international commu- ber of nuclear weapons. Instead we are Nations resolutions and international nity yesterday that a deal allowing taking apart the basic architecture of sanctions. After testing, 10 years later, India to import United States atomic nuclear nonproliferation that has all will be forgiven, and you will be fuel and technology could accelerate served us for many decades. We are welcome into the club of nuclear pow- the nuclear arms race between India saying to India, who has never signed and Pakistan. India and Pakistan have the nuclear nonproliferation treaty, it ers without ever having signed the non- fought three wars since independence is OK if you produce additional nuclear proliferation treaty. Let’s understand what this does. from Britain in 1947 and, through a weapons we can’t see and we don’t First, let me say that never has some- peace process, have stabilized relations know about. We are going to sign an thing of such moment and such signifi- since 2004, but they remain deeply dis- agreement that allows you to do that. cance and so much importance been de- trustful of each other. We have now That is almost unbelievable. India is a very important trading bated in such a short period and given reached an agreement that says one of them may begin to produce additional partner. India is a very important ally such short shrift: one very brief com- nuclear weapons. for our country. I believe that. I accept mittee hearing in the Senate and a UPI—Islamabad, Pakistan: Without that. But this administration and total of a couple of hours here on the naming sources, the Press Trust re- those in the Congress who have agreed Senate floor today; pretty dis- ported Wednesday that the Pakistani to the measure before us today are appointing. Prime Minister has reported construc- making a grievous mistake. We will What this agreement says is, India tion of two nuclear powerplants with not have second chances with respect needs various kinds of equipment and Chinese assistance. The move appears to this issue of nuclear weapons. If we technology to produce and build nu- aimed at counterbalancing a nuclear don’t provide the world leadership to clear powerplants. They need more fuel deal negotiated with India. The de- begin marching back from the prospect power, and they want to get it from nu- cision was made on September 19 in of terrorists using nuclear weapons, clear powerplants. They have been pre- Islamabad. The point is, we will allow the prospect of nuclear weapons being vented from accessing the kind of ma- you to put eight reactors behind a cur- stolen and developed by terrorist orga- terial and equipment to produce those tain. We will allow you to produce ad- nizations, we will one day wake up and plants because they have not signed ditional nuclear weapons that we won’t tragically read that a nuclear weapon the nonproliferation treaty, and they know about. Is there a reaction to was exploded in a major city on this developed nuclear weapons outside of that? Pakistan has a reaction, to en- planet. This agreement marches in ex- the purview of all of us, misusing gage with the Chinese. actly the wrong direction. Do you American nuclear technology to se- The United States had agreed that think this agreement allowing India to cretly develop these weapons. Now we the purpose of the agreement was not produce additional nuclear weapons have said in an agreement with them, to contain India’s strategic program has no impact on Pakistan, has no im- yes, we will allow big companies now but to enable resumption of full civil pact on China, has no message to the to sell you this technology—this is all nuclear energy cooperation. So that is rest of the world? The message is: You about big companies being able to ac- the India separation plan. That is what can misuse American nuclear tech- cess a new marketplace for technology, they say. They say the United States nology and secretly develop nuclear to sell the technology and the capa- and India agreed the purpose of the weapons. You can test those weapons. bility to develop nuclear powerplants— agreement is not to constrain India’s You can build a nuclear arsenal in defi- we will allow you to do that, and we strategic program. That means they ance of United Nations resolutions, and will have the opportunity in this agree- say the agreement is to not constrain you will be welcomed as someone ex- ment for you to put eight of your India’s ability to produce nuclear hibiting good behavior with an agree- plants behind a curtain that will have weapons. That is what that means. ment with the United States. What no international inspections, which is a I am going to offer an amendment kind of message is that? What message green light to say, you may produce today that the managers will oppose. does that send to others who want to additional nuclear weapons. The conferees believe there should be join the nuclear club who say: You That is not just a supposition. Al- no ambiguity regarding the legal and have nuclear weapons, we want some. most everybody understands that is policy consequences of any future In- If we don’t find a way to begin sys- going to happen. This agreement does dian test of a nuclear explosive device. tematically reducing the number of nu- not prohibit them from nuclear tests in That is from a joint statement of the clear weapons and stop the spread of a way that would nullify the agree- conference of the Hyde Act which nuclear weapons and try to find every ment, if they do test. The Administra- passed the Congress. There should be way to prevent a nuclear weapon from tion’s interpretation of this agreement no ambiguity. Here is what the Admin- ever again being exploded in anger on is very ambiguous about that. istration says it thinks the agreement this planet, one day we will ruefully re- I want to go through a couple of provides: Should India detonate a nu- gret what we have done here. points. India would have unlimited clear explosive device, the United Again, let me close by saying that ability to import fuel for 14 civilian States has the right to cease all nu- never in my life has such a large issue powerplants under this agreement. clear cooperation. Well, we know we been given such short shrift. This issue That is what they want. They want to have the right. Are we going to do it? has great consequences for this coun- produce additional power with nuclear No. That is deliberate ambiguity to say try, the world, and their respective fu- plants. Then it says India could have if India were to test a nuclear weapon, tures for that matter, and this admin- eight other power reactors behind a there is nothing that will require us to istration is, in my judgment, making a curtain that we will not be able to in- decide to nullify this agreement. very serious mistake.

VerDate Mar 15 2010 12:31 Apr 14, 2011 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR08\S01OC8.000 S01OC8 erowe on DSK5CLS3C1PROD with BOUND RECORD 23512 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 17 October 1, 2008 Mr. President, how much time re- dent that a CIA agent codenamed the Nuclear Non-Proliferation Treaty, mains? ‘‘Dragonfire’’ had reported that Al Qaeda the NPT. We have created something The PRESIDING OFFICER. All time terrorists possessed a 10-kiloton nuclear called the Nuclear Test Ban Treaty, has expired. bomb, evidently stolen from the Russian ar- which I regret to say our country has Mr. DORGAN. Mr. President, I yield senal. According to Dragonfire, this nuclear weapon was in New York City. not ratified. But we have tried to find the floor. ways to stop the spread of nuclear Continuing to quote: The PRESIDING OFFICER. The Sen- weapons, stop the building of addi- The government dispatched a top-secret ator from Connecticut. tional nuclear weapons. Mr. DODD. Mr. President, I inquire of nuclear emergency support team to the city. Under a cloak of secrecy that excluded even One of three countries that did not my colleague from North Dakota, is it Mayor Rudolph Giuliani, these nuclear sign the Nuclear Test Ban Treaty was the intent of the Senator to offer an ninjas searched for the bomb. On a normal India. They refused to sign it. In these amendment at this time or is it later workday, half a million people crowd the intervening years, what we have dis- this morning, or what is my colleague area within a half-mile radius of Times covered about India—a respected ally and friend’s plan? Square. A noon detonation in Midtown Man- of ours, a trading partner of ours, a Mr. DORGAN. Mr. President, I say to hattan would kill them all instantly. Hun- country we hold in high esteem—we the Senator from Connecticut, I am dreds of thousands of others would die from have discovered that they misused waiting for the Senator from New Mex- collapsing buildings, fire and fallout in the hours thereafter. American nuclear technology to se- ico to come to the floor. What we are cretly develop their own nuclear weap- Continuing to quote: going to do is we are going to combine ons. We have discovered that they test- our two amendments. In the hours that followed, Condoleezza ed those nuclear weapons. They have Rice, then national security adviser, ana- Mr. DODD. OK. defied the United Nations resolutions Mr. DORGAN. We will still wish to lyzed what strategists call the ‘‘problem from hell.’’ Unlike the Cold War, when the and international sanctions. take the 30 minutes each, but we will US and the Soviet Union knew that an at- Now we have discovered that an combine the two amendments and have tack against the other would elicit a retalia- agreement has been reached with the a vote on one amendment, provided, of tory strike of greater measure, Al Qaeda— Government of India that all will be course, that meets unanimous consent. with no return address—had no such fear of forgiven. We will sign a new agreement But I will, in a few moments, be ready reprisal. Even if the president were prepared with you—that I believe unwinds and to consume my half hour on this sub- to negotiate, Al Qaeda has no phone number undoes the entire architecture of non- to call. ject if that is your desire. I want to proliferation of nuclear weapons. All wait for Senator BINGAMAN to come in Again, continuing to quote: will be forgiven. In fact, what we will order to consult. He should be here mo- Concerned that Al Qaeda could have smug- do is we will say to you that you can mentarily. gled a nuclear weapon into Washington as create nuclear powerplants because well, the president ordered Vice President Mr. DODD. Mr. President, in his ab- you need nuclear power, and our cor- DICK CHENEY to leave the capital for an ‘‘un- sence, why don’t we wait. My plan porations and international corpora- would be to have you do that and make disclosed location,’’ where he would remain for weeks to follow—standard procedure to tions can sell—this is about business, a your statements, and I will respond to ensure ‘‘continuity of government’’. . . . lot of business—can sell to you the them at the appropriate time. Six months earlier the CIA’s Counterter- technology and the construction mate- So I suggest the absence of a quorum. rorism Center had picked up chatter in Al rials to produce nuclear powerplants. The PRESIDING OFFICER. The Qaeda channels about an ‘‘American Hiro- And, oh, by the way, the agreement shima.’’ The CIA knew that Osama bin clerk will call the roll. also says you can have eight nuclear The assistant legislative clerk pro- Laden’s fascination with nuclear weapons went back at least to 1992, when he at- powerplants that are behind a curtain ceeded to call the roll. that will never be inspected by inter- Mr. DORGAN. Mr. President, I ask tempted to buy highly enriched uranium national inspectors. That is where you unanimous consent that the order for from South Africa. . . . As CIA analysts examined Dragonfire’s re- can produce additional nuclear weap- the quorum call be rescinded. port and compared it with other bits of infor- ons, which the Indian Government The PRESIDING OFFICER. Without mation, they noted that the September at- wishes to do. objection, it is so ordered. tack on the World Trade Center had set the This agreement is an unbelievable Mr. DORGAN. Mr. President, Senator bar higher for future terrorist attacks. . . . mistake. At exactly the moment when BINGAMAN and I will be combining our As it turned out, Dragonfire’s report this country should exhibit its leader- amendments into a Dorgan-Bingaman proved to be a false alarm. But the central ship, its world leadership that is re- amendment, with other cosponsors, takeaway from the case is this: The US gov- ernment had no grounds in science or logic quired of this country to not only stop and that is now being put together by to dismiss this possibility, nor could it do so the spread of nuclear weapons but to legislative counsel. So we will have today. begin marching back to reduce the that here briefly. But why don’t I pro- Now, think of that. That is a discus- number of nuclear weapons, at this ceed with my 30 minutes. I think Sen- sion about one low-yield 10 kiloton nu- exact time, this Government, this ad- ator BINGAMAN will have 30 minutes. clear weapon allegedly stolen from the ministration and this Congress, is say- Then apparently there is going to be a Russian stockpile, smuggled into New ing to an ally: We will give you the response following that, and we will York to be detonated by terrorists— green light to produce more nuclear conclude a portion of this debate. one nuclear weapon. There are 25,000 on weapons even though you have never So, Mr. President, on the 30 minutes this Earth. One small weapon caused signed the nonproliferation treaty. I now have available, let me read to my an apoplectic seizure about the pros- That is almost unbelievable to me. colleagues something written by pect of hundreds of thousands of people The nonproliferation treaty prohibits Graham Allison. Graham Allison is being killed. peaceful nuclear assistance to so-called someone who has been involved in nu- What does that have to do with this? nonnuclear states unless they agree to clear nonproliferation with the Clinton Well, what it has to do with this is we put all their facilities under inter- administration. He wrote this in a have struggled since the end of the Sec- national safeguards and give up the op- book, and this, by the way, is published ond World War to try to put a cap on tion of producing nuclear weapons. in an article. I want to read it. I will the bottle here and make sure a nu- With this agreement, we say that does quote it: clear weapon is never again exploded in not matter anymore. It does not mat- One month after the terrorist assault on anger—not by a military power, not by ter. You do not have to subject these the World Trade Center and the Pentagon, a terrorist group. We have tried to pre- on October 11, 2001, President George W. eight plants to international safe- Bush faced a more terrifying prospect. At vent the spread of nuclear weapons. We guards. You do not have to give up the that morning’s presidential daily intel- have tried to see if we could find a way option of producing nuclear weapons. ligence briefing, George Tenet, the director to reduce the number of nuclear weap- The five traditional nuclear powers of central intelligence, informed the presi- ons. We have created something called in the post-Second World War period—

VerDate Mar 15 2010 12:31 Apr 14, 2011 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR08\S01OC8.000 S01OC8 erowe on DSK5CLS3C1PROD with BOUND RECORD October 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 17 23513 Russia, the United States, Britain, rials to build nuclear weapons since the nity in July that a deal allowing India France, and China—all have signed the early 1990s. In 1998, Osama bin Laden to import United States atomic fuel nonproliferation treaty. All other issued a statement titled ‘‘The Nuclear and technology could accelerate a nu- countries are considered to be non- Bomb of Islam,’’ declaring: clear arms race between Delhi and nuclear states according to the non- It is the duty of Muslims to prepare as Islamabad. They have fought substan- proliferation treaty. much force as possible to terrorize the en- tial wars before, as I said. Article I of the NPT obligates the emies of God. So what does Pakistan do? They go recognized nuclear weapon states, in- I described the book entitled ‘‘Nu- off and they will seek nuclear fuel as- cluding the United States, ‘‘not in any clear Terrorism’’ written by Graham sistance from China to build 10 nuclear way to assist, encourage, or induce any Allison, an official in the Clinton ad- powerplants. Will they be inspected? non-nuclear weapons State to manufac- ministration who worked on these The move appears aimed at counterbal- ture or otherwise acquire nuclear issues: The potential stealing of one ancing a nuclear fuel deal negotiated weapons. . . .’’ With this agreement, low-yield weapon terrorizing the coun- this year between India and Western we have decided that does not matter. try and a city. suppliers. We have no intention to pay attention Nowhere is the threat of nuclear ter- Paragraph 5 of the India separation to Article I any longer. rorism more imminent than in South plan says: The United States and Section 128 of the Atomic Energy Act Asia. It is home to al-Qaida, which is India—this is India’s portion of the requires all states other than the five I seeking nuclear weapons. It is an area agreement—had agreed that the pur- mentioned to have full-scope safe- where Pakistan and China and India pose of the agreement was not to con- guards as a prerequisite for receiving have always had tense relations. All strain India’s strategic program. U.S. civil nuclear exports. That does three possess nuclear weapons. India That is a fancy way of saying their not matter anymore. and China fought a border war in 1962. understanding is we are not con- Section 129 of the Atomic Energy Act India and Pakistan have fought three straining their ability to produce addi- requires the termination of nuclear ex- major wars and had two smaller scale tional nuclear weapons. ports if a nonnuclear weapon state has, contests. Both detonated nuclear ex- Now, the Hyde Act passed the Con- among other things, tested nuclear plosions in 1998 and declared them- gress and allowed this negotiation to weapons after 1978. We have said that selves a nuclear power. After that, the take place. I didn’t vote for it. I was does not matter anymore. world held its breath while India and one of a minority who didn’t vote for it Section 102 of the Arms Export Con- Pakistan fought a limited war in Kash- because it had some huge holes in it, trol Act requires sanctions on any non- mir. India is thought to have a modest but here is what the conferees said: nuclear weapon state that has deto- cache of nuclear weapons at this point. The conferees believe there should be no nated a nuclear device. That doesn’t You can go to the journals and get esti- ambiguity regarding the legal and policy matter anymore. The United Nations consequences of any future testing of a nu- mates of 25 to 50 or 60 nuclear weapons, clear explosive device by India. Security Council resolution 1172 con- but India wants more. That is what they said. Here is how demned India and Pakistan’s 1998 nu- It seems to me that to do this in the the Administration interprets the clear tests. The United States-India absence of an understanding of what it agreement that is on the floor of the agreement says that none of these pro- means in the region, and in the absence Senate: visions will be applicable to India any- of what it means to unravel the regime more, even though it secretly used our by which we have tried to move toward Should India detonate a nuclear explosive technology to develop nuclear weapons device, the United States has the right to nonproliferation of nuclear weapons is cease all nuclear cooperation with India. and then tested them. a dangerous step. We already have that right. But is Now, a working nuclear bomb can be I wish to describe something The that ambiguous? It surely is. The Ad- produced with as little as 35 pounds of New York Times wrote yesterday, and ministration doesn’t say we are going uranium 235 or 9 pounds of plutonium I fully agree: President Bush and his to shut down or nullify this agreement; 239. I think nuclear terrorism and the aides were so eager for a foreign policy it says we have the right to. threat of nuclear terrorists gaining ac- success they didn’t even try to get cess to nuclear weapons represent the The proposition of the Hyde amend- India to limit its weapons program in ment that passed the Congress said it gravest security threats to our Nation, the future. They got no promise from bar none. should be unambiguous. No ambiguity. India to stop producing bomb-making Yet the Administration is deliberately Retired GEN Gene Habiger, who com- material, no promise not to expand its manded America’s nuclear forces, has being ambiguous so that if India tests arsenal, and no promise not to resume a nuclear weapon, that country may said that nuclear terrorism ‘‘is not a nuclear testing. The Senate should matter of if; it is a matter of when.’’ still not be subject to sanctions. postpone action until the next Con- The BJP, which may be India’s next In 2006, Henry Kissinger wrote in the gress can figure out how to limit the Washington Post: ruling party, says: damage from this deal. The BJP would like to clearly reiterate The world is faced with the nightmarish I fully agree with that. I don’t have that any compromise on India’s right to nu- prospect that nuclear weapons will become a any understanding why we are rush- clear test is wholly unacceptable. Finally, standard part of national armament and ing—with one short hearing before one the agreement does not in any way affect In- wind up in terrorist hands. committee in this Congress—to a dia’s right to undertake future nuclear tests, It will become a standard part of ar- short, truncated version on the floor of if necessary. mament for countries, because they the Senate, and then agreement. This last statement was from the want to possess it, and it will inevi- Here is the agreement: India would Prime Minister of India. Do we need to tably end up in terrorist hands. have unlimited ability to import fuel say more about what might or might Former Senator Sam Nunn wrote in for 14 civilian nuclear powerplants, and not be here? the Wall Street Journal: it could then divert all of its current Senator BINGAMAN and I are offering We know that terrorists are seeking nu- domestic fuel supply to 8 military reac- an amendment, the Dorgan-Bingaman clear materials—enriched uranium or pluto- tors which are used for nuclear weap- amendment, with a good number of co- nium—to build a nuclear weapon. We know that if they get that material they can build ons production, with no international sponsors, that makes clear two things. a nuclear weapon. We believe that if they inspection at all. No. 1: If India would test, it would nul- build such a weapon, they will use it. We If anyone thinks this makes sense for lify this agreement with respect to know terrorists are not likely to be deterred, our country, I think there is something United States cooperation. No. 2: Sen- and that the more this nuclear material is wrong with that thinking. ator BINGAMAN has added—and we are available, the higher the risks. Will it have a consequence with re- putting them together—if India were to We know Osama bin Laden has been spect to Pakistan? I expect so. Paki- test a nuclear weapon, the export con- seeking the opportunity and the mate- stan warned the international commu- trols we can enact to deal with other

VerDate Mar 15 2010 12:31 Apr 14, 2011 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR08\S01OC8.000 S01OC8 erowe on DSK5CLS3C1PROD with BOUND RECORD 23514 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 17 October 1, 2008 suppliers around the world and their Mutually Assured Destruction, believ- to need more than that. We are going dealings with India should be fully uti- ing that if either attacked the other, to need some good fortune. If we think lized. the retaliation would essentially de- we can live on a planet with 25,000 nu- Let me go back to where I started for stroy both. The original attack would clear weapons, that somehow, some a bit. Probably all of my colleagues inflict massive damage on the country way, some day, somebody is not going have been in the same discussions. I that was attacked, but the country to steal one and detonate it in a major hear people say nuclear weapons are that was attacked would also retaliate city—we have to be serious about this. like any other weapon. I hear people in a manner that virtually obliterated India is a wonderful country. India is say nuclear weapons are usable. I hear the attacking country. So that mutu- an ally of ours. It is an ally of the people say we need to build new nu- ally assured destruction represented a United States. But that should not jus- clear weapons here in our country. We standoff during the Cold War with the tify our deciding to give a green light need to build bunker-buster weapons, Soviet Union. to India—a country which has never nuclear weapons that can go under and In the meantime, other countries as- signed the nonproliferation treaty— bust some caves; Earth-penetrating pired to become nuclear weapons pow- give the green light to produce more bunker-buster weapons. Designer nu- ers, to obtain nuclear weapons, and to nuclear weapons. That is exactly what clear weapons. We have all heard it. this day not only do many countries this agreement does. No one can stand This administration has wanted to still desire these things, but now ter- up in this discussion and say: This build new designer nuclear weapons. rorists do as well. So the question is, agreement doesn’t allow a country that Some believe a nuclear weapon is Who is going to step us back from this has refused to sign the nonproliferation like any other weapon. It is not. It can cliff? We have a former Secretary of treaty, this agreement does not allow never be used. To the extent and when Defense who believes there is about a them to produce more nuclear weap- it is used, if it is used by a terrorist 50-percent chance that a nuclear weap- ons. It does on its face, and everybody group or country, nothing on this on—I believe he said a 50-percent knows it. Everybody wants to pretend Earth will be the same. chance—will be exploded in a major as though it doesn’t exist. It was different in the 1940s. The last city within 10 years. I don’t doubt that This is a horrible mistake. I am enor- time a nuclear weapon was used in could be the prospect if we don’t use all mously surprised, after so many dec- anger, outside of tests, was to end the of our energy and all of our leadership ades of people talking and thinking se- Second World War. Then virtually no capability as a leading nuclear power riously about nuclear nonproliferation, one else had nuclear weapons. Now we in this world—a nuclear weapons power that we reward those countries that have nuclear weapons spread around in this world—to try to march back misuse nuclear technology in order to this globe. This country has assumed from 25,000 nuclear weapons to far secretly produce nuclear weapons and the responsibility for many years—the fewer nuclear weapons; to try to put up secretly test nuclear weapons. We now mental responsibility to try to stop the walls by which we will not allow people say to them: By the way, here is your spread of nuclear weapons. It is a des- or countries to proliferate nuclear reward, an agreement by which you perate attempt to say: You know what. weapons. can continue to do it; an agreement The only way this planet is going to We have a man in Pakistan who is which is written in a way that says we continue is if we stop the spread of nu- under house arrest, and has been for a will allow you to produce more nuclear clear weapons. Does anybody think if long while, Mr. A. Q. Khan, who appar- weapons and, oh, by the way, if you people start lobbing nuclear weapons ently is a national hero of sorts in test, we won’t even put in the agree- back and forth, killing millions of peo- Pakistan. He spread nuclear secrets all ment that we will nullify it. An agree- ple, that this planet survives? I don’t. around the world for money. Our coun- ment we might nullify. We ought to We have 25,000 of them on this planet, try has never even been able to inter- put in the agreement, ‘‘We will,’’ which and we are going to sign up to an view him, to talk to him, to under- was promised in the conference report. agreement today that says let’s stand where these secrets went. As I So maybe I am not capable of under- produce more? Not us, although we said, he is not in prison, he is under standing the world view of some that have people here who want to produce house arrest. He is still considered a allowing an ally of the United States, more in this country. This says let hero by some. that has not signed the nonprolifera- India produce more in secret. What We have to get serious about this tion treaty, to produce additional nu- does that mean to Pakistan? What does issue of the proliferation of nuclear clear weapons is somehow strength- that mean to China? What does that weapons. We are not getting serious ening our country or the world or is mean to that South Asian region? about an issue such as this by disman- good for us. Maybe I missed something, What does it mean to the world? tling the very structure that has but I don’t think so. I think what is This is such a truncated debate and helped us now for some 60 years to pre- missing is the logic and the commit- such a shame. There are a lot of very vent the spread of nuclear weapons or ment to nonproliferation of those who interesting, qualified, serious people at least prevent the use of nuclear negotiated this. What is missing is the who ought to be weighing in on this to weapons. determination and the relentless effort describe what we are doing here today In the Appropriations Committee by this country to lead in the direction in terms of the consequences to this hearing I described earlier, I said: We of reducing the number of nuclear planet. What are the consequences to have been lucky, and someone said: weapons and not allowing the produc- the regime that has existed for many Well, it is much more than luck. I said: tion of more. years—five or six decades now—to try I agree it is more than luck. It is a re- Mr. President, I yield the remainder to stop the spread of nuclear weapons? gime, it is a structure of nonprolifera- of my time. How much time do I have I had a hearing one day in my appro- tion that we have worked on. Many ad- remaining? priations subcommittee, because we ministrations worked seriously in this The PRESIDING OFFICER (Mr. fund the nuclear weapons portion of area. CASEY). Five minutes. the appropriations process in the De- This administration, regrettably, ap- Mr. DORGAN. I reserve the remain- partment of Energy. In that hearing, pointed people to positions of author- ing 5 minutes. someone described the fact that the ity on nuclear nonproliferation who The PRESIDING OFFICER. The Sen- last time a nuclear weapon was used in didn’t believe in the mission. They ator from Connecticut. a conflict was in 1945, and it has been didn’t even believe in the mission. The Mr. DODD. Mr. President, I have a all of these decades—all of these dec- question for us now is: Is this the way consent agreement that would combine ades—that we have constrained the use forward, to take apart the structure? the two amendments. I ask unanimous of nuclear weapons. The Soviets and When I said we have been lucky, consent that the order with respect to the U.S. built massive stockpiles of nu- what I meant was that the structure H.R. 7081 be modified to provide that clear weapons under a doctrine called has certainly helped, but we are going the Dorgan and Bingaman amendments

VerDate Mar 15 2010 12:31 Apr 14, 2011 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR08\S01OC8.000 S01OC8 erowe on DSK5CLS3C1PROD with BOUND RECORD October 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 17 23515 be combined into one amendment; that (1) may be appropriate across a wide variety parents to develop responsible attitudes and all debate time specified previously re- of distribution platforms, including wired, wire- behavior in their children. main available and the amendment be less, and Internet platforms; (4) The average American child watches 4 subject to the 60-vote threshold, as pro- (2) may be appropriate across a wide variety hours of television each day. of devices capable of transmitting or receiving (5) 99.9 percent of all consumer complaints vided under the previous agreement. video or audio programming, including tele- logged by the Federal Communications Com- The PRESIDING OFFICER. Without vision sets, DVD players, VCRs, cable set top mission in the first quarter of 2006 regarding objection, it is so ordered. boxes, satellite receivers, and wireless devices; radio and television broadcasting were be- f (3) can filter language based upon informa- cause of obscenity, indecency, and profanity. tion in closed captioning; (6) There is a compelling government in- CHILD SAFE VIEWING ACT OF 2007 (4) operate independently of ratings pre-as- terest in empowering parents to limit their Mr. DODD. Mr. President, I ask unan- signed by the creator of such video or audio pro- children’s exposure to harmful television imous consent that the Senate proceed gramming; and content. (5) may be effective in enhancing the ability (7) Section 1 of the Communications Act of to the immediate consideration of Cal- of a parent to protect his or her child from inde- endar No. 588, S. 602. 1934 requires the Federal Communications cent or objectionable programming, as deter- Commission to promote the safety of life and The PRESIDING OFFICER. The mined by such parent. property through the use of wire and radio clerk will report. (c) REPORTING.—Not later than 270 days after communications. The legislative clerk read as follows: the enactment of this Act, the Commission shall (8) In the Telecommunications Act of 1996, A bill (S. 602) to develop the next genera- issue a report to Congress detailing any findings Congress authorized Parental Choice in Tele- tion of parental control technology. resulting from the inquiry required under sub- vision Programming and the V-Chip. Con- section (a). There being no objection, the Senate gress further directed action on alternative (d) DEFINITION.—In this section, the term blocking technology as new video technology proceeded to consider the bill, which ‘‘advanced blocking technologies’’ means tech- advanced. had been reported from the Committee nologies that can improve or enhance the ability on Commerce, Science, and Transpor- of a parent to protect his or her child from any SEC. 3. EXAMINATION OF ADVANCED BLOCKING indecent or objectionable video or audio pro- TECHNOLOGIES AND EXISTING PA- tation, with an amendment to strike RENTAL EMPOWERMENT TOOLS. all after the enacting clause and insert gramming, as determined by such parent, that is in lieu thereof the following: transmitted through the use of wire, wireless, or (a) INQUIRY REQUIRED.—Not later than 90 radio communication. days after the date of enactment of this Act, SECTION 1. SHORT TITLE. the Federal Communications Commission This Act may be cited as the ‘‘Child Safe Mr. DODD. Mr. President, I ask unan- Viewing Act of 2007’’. imous consent that a Pryor amend- shall initiate a notice of inquiry to consider measures to examine— SEC. 2. FINDINGS. ment, which is at the desk, be agreed to, the committee-reported substitute, (1) the existence and availability of ad- Congress finds the following: vanced blocking technologies that are com- (1) Video programming has a direct impact on as amended, be agreed to, the bill, as amended, be read a third time and patible with various communications devices a child’s perception of safe and reasonable be- or platforms; havior. passed; the motions to reconsider be (2) methods of encouraging the develop- (2) Children may imitate actions they witness laid upon the table, with no inter- ment, deployment, and use of such tech- on video programming, including language, vening action or debate, and any state- nology by parents that do not affect the drug use, and sexual conduct. ments be printed in the RECORD. packaging or pricing of a content provider’s (3) Studies suggest that the strong appeal of The PRESIDING OFFICER. Without offering; and video programming erodes the ability of parents (3) the existence, availability, and use of to develop responsible attitudes and behavior in objection, it is so ordered. The amendment (No. 5684) was agreed parental empowerment tools and initiatives their children. already in the market. (4) The average American child watches 4 to, as follows: hours of television each day. On page 6, beginning in line 4, strike (b) CONTENT OF PROCEEDING.—In con- (5) 99.9 percent of all consumer complaints ‘‘TECHNOLOGIES.’’ and insert ‘‘TECH- ducting the inquiry required under sub- logged by the Federal Communications Commis- NOLOGIES AND EXISTING PARENTAL EM- section (a), the Commission shall consider sion in the first quarter of 2006 regarding radio POWERMENT TOOLS.’’. advanced blocking technologies that— and television broadcasting were because of ob- On page 6, line 12, strike ‘‘and’’. (1) may be appropriate across a wide vari- scenity, indecency, and profanity. On page 6, line 16, strike ‘‘offering.’’ and ety of distribution platforms, including (6) There is a compelling government interest insert ‘‘offering; and’’. wired, wireless, and Internet platforms; in empowering parents to limit their children’s On page 6, between 16 and 17, insert the fol- (2) may be appropriate across a wide vari- exposure to harmful television content. lowing: ety of devices capable of transmitting or re- (7) Section 1 of the Communications Act of ‘‘(3) the existence, availability, and use of ceiving video or audio programming, includ- 1934 requires the Federal Communications Com- parental empowerment tools and initiatives ing television sets, DVD players, VCRs, cable mission to promote the safety of life and prop- already in the market.’’. set top boxes, satellite receivers, and wire- erty through the use of wire and radio commu- The committee amendment in the less devices; nications. nature of a substitute, as amended, was (3) can filter language based upon informa- (8) In the Telecommunications Act of 1996, tion in closed captioning; Congress authorized Parental Choice in Tele- agreed to. (4) operate independently of ratings pre-as- vision Programming and the V-Chip. Congress The bill (S. 602), as amended, was or- signed by the creator of such video or audio further directed action on alternative blocking dered to be engrossed for a third read- programming; and technology as new video technology advanced. ing, was read the third time, and (5) may be effective in enhancing the abil- SEC. 3. EXAMINATION OF ADVANCED BLOCKING passed, as follows: ity of a parent to protect his or her child TECHNOLOGIES. S. 602 from indecent or objectionable program- (a) INQUIRY REQUIRED.—Not later than 90 ming, as determined by such parent. Be it enacted by the Senate and House of Rep- days after the date of enactment of this Act, the resentatives of the United States of America in (c) REPORTING.—Not later than 270 days Federal Communications Commission shall ini- Congress assembled, after the enactment of this Act, the Commis- tiate a notice of inquiry to consider measures to examine— SECTION 1. SHORT TITLE. sion shall issue a report to Congress detail- (1) the existence and availability of advanced This Act may be cited as the ‘‘Child Safe ing any findings resulting from the inquiry blocking technologies that are compatible with Viewing Act of 2007’’. required under subsection (a). various communications devices or platforms; SEC. 2. FINDINGS. (d) DEFINITION.—In this section, the term and Congress finds the following: ‘‘advanced blocking technologies’’ means (2) methods of encouraging the development, (1) Video programming has a direct impact technologies that can improve or enhance deployment, and use of such technology by par- on a child’s perception of safe and reasonable the ability of a parent to protect his or her ents that do not affect the packaging or pricing behavior. of a content provider’s offering. (2) Children may imitate actions they wit- child from any indecent or objectionable (b) CONTENT OF PROCEEDING.—In conducting ness on video programming, including lan- video or audio programming, as determined the inquiry required under subsection (a), the guage, drug use, and sexual conduct. by such parent, that is transmitted through Commission shall consider advanced blocking (3) Studies suggest that the strong appeal the use of wire, wireless, or radio commu- technologies that— of video programming erodes the ability of nication.

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