[Congressional Record (Bound Edition), Volume 152 (2006), Part 17]
[Issue]
[Pages 22120-22256]
[From the U.S. Government Publishing Office, www.gpo.gov]




[[Page 22120]]

                   SENATE--Thursday, November 16, 2006

  The Senate met at 9:30 a.m. and was called to order by the Honorable 
John E. Sununu, a Senator from the State of New Hampshire.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  Almighty God, give us Your wisdom when our vision fails, our 
understanding is darkened, and the ways of life seem difficult. Deepen 
our faith when our sight is dim. Guide our thoughts when we lack 
understanding.
  Bless our Senators. Infuse them with quiet confidence and patient 
trust in You. Reinforce their courage with the knowledge of Your loving 
providence. When they are frustrated, remind them that You are still 
holding things together.
  We pray in Your holy Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable John E. Sununu led the Pledge of Allegiance as follows:

       I pledge allegiance to the Flag of the United States of 
     America and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Stevens).
  The legislative clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                Washington, DC, November 16, 2006.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     John E. Sununu, a Senator from the State of New Hampshire, to 
     perform the duties of the Chair.
                                                      Ted Stevens,
                                            President pro tempore.

  Mr. SUNUNU thereupon assumed the chair as Acting President pro 
tempore.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The ACTING PRESIDENT pro tempore. The majority leader is recognized.

                          ____________________




                                SCHEDULE

  Mr. FRIST. Mr. President, I again want to congratulate the new 
leadership in the Senate for the 110th Congress. Democrats 2 days ago 
elected their leadership and the Republicans yesterday elected our 
leadership. A lot of planning is underway for the 110th Congress. As 
everyone knows, we have before us the objective of finishing the 
business of the 109th Congress, both over the course of today and 
possibly tomorrow, and then in a period that will begin the week of 
December 4, and possibly continue into the week following that. Both 
the Democratic leader and I have outlined what we have to accomplish. 
It is still a very long list in terms of appropriations bills, in terms 
of the United States-India nuclear agreement, in terms of potentially 
other trade agreements. We have tax extenders and a whole range of 
issues.
  The Democratic leader and I will go into a quorum call very shortly 
and we will finalize the plan for today. But as we stated yesterday, 
before we leave this week--either tomorrow or we could finish later 
tonight--we do need to finish the United States-India nuclear 
agreement. We talked yesterday in our own conference about the 
importance of that particular piece of legislation, legislation that 
all our colleagues are familiar with, and we have a unanimous consent 
agreement to proceed to that with a fixed number of amendments. If you 
look at the amendments, it is clear that we won't have to do all of 
those amendments on that legislation. So I am confident that we can and 
we will finish that bill before we leave.
  We do have an understanding that we will go to the agriculture 
appropriations bill as well. At some point I want to be able to do that 
and hopefully we can work out the details on how we can accomplish at 
least starting that particular bill, with the objective of finishing 
the United States-India nuclear agreement before we leave. So in the 
next few minutes we will be coming back with an announcement of that 
schedule as agreed to, but we will finish that bill before we leave.

                          ____________________




                  RECOGNITION OF THE DEMOCRATIC LEADER

  The ACTING PRESIDENT pro tempore. The Democratic leader is 
recognized.

                          ____________________




                 UNITED STATES-INDIA NUCLEAR AGREEMENT

  Mr. REID. Mr. President, I think it is so important that we do 
whatever we can to pass this nuclear agreement that has been negotiated 
with India. India is the largest democracy in the world and we have had 
such tremendous relations with them over the last number of years. I 
think it would send a great sign to the rest of the world that we are 
able to work on issues of this importance and actually get it done. I 
surely hope we can do this. I feel confident we can. There are 
amendments and people can debate them. When the managers of the bill 
have heard enough, if necessary they can move to table, or whatever it 
takes to move these along. Senator Biden on Tuesday said there are a 
lot of these amendments he is aware of that they could work out or 
accept.
  So I am hopeful we can finish today, tonight, or tomorrow, and there 
is no reason we shouldn't be able to. We have a number of amendments 
that have been locked in and there is no way this matter should not be 
completed. I think it is very important that we go into the 
Thanksgiving period with knowing that we have been able to work out 
something between two great democracies.
  Mr. FRIST. Mr. President, I will be back with the plans here shortly 
after I talk to the Democratic leader, and in the meantime we will be 
in a period of morning business. Again, the United States-India nuclear 
agreement is something we will complete before we leave and is the 
order of the day. We should be able to go to that very early this 
morning, maybe as soon as 20 minutes from now. That will be the plan, 
to proceed through those amendments. There is one amendment we may have 
to go into a closed session to debate, and the details will be 
announced for that as well.
  Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. CARPER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                       RESERVATION OF LEADER TIME

  The ACTING PRESIDENT pro tempore. Under the previous order, 
leadership time is reserved.

                          ____________________




                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will be a period for the transaction of

[[Page 22121]]

morning business with Senators permitted to speak for up to 10 minutes 
each.
  The Senator from Delaware is recognized.

                          ____________________




                           ORDER OF PROCEDURE

  Mr. CARPER. Mr. President, the Senator from Minnesota, Mr. Coleman, 
and I would ask unanimous consent for each of us to sort of pool our 10 
minutes apiece and take maybe the next 20 minutes to share--and some of 
our colleagues who are going to come by and talk as well--about the 
role our faith plays in the work we do here. If that might be 
acceptable, I would ask unanimous consent.
  The ACTING PRESIDENT pro tempore. Is there objection? Without 
objection, it is so ordered.

                          ____________________




                          NATIONAL BIBLE WEEK

  Mr. CARPER. Mr. President, the elections are behind us now and we are 
looking forward to the next Congress which will be seated on January 
4--the 110th Congress. We have in town a number of newly elected 
Senators and their spouses. A number of us--Senator Alexander, Senator 
Voinovich, Senator Pryor, and myself--have been involved, along with 
the Secretary of the Senate, in holding orientation for new Senators 
and their spouses. On Tuesday night we were over at the National 
Archives and we had the opportunity to have a reception there and a 
dinner. The reception turned out to be a tour of the National Archives 
and the opportunity to see firsthand original copies of the 
Constitution, the Bill of Rights, handwritten letters from George 
Washington to all kinds of people, and from Abraham Lincoln to all 
kinds of people. We actually looked at the original Bill of Rights 
where we found that there were actually 12 amendments proposed to the 
Constitution, not 10. Two were not actually adopted. It was interesting 
to see and to go back over 200 years to the history and formation of 
our country, to focus on it and to think about it and reflect on it.
  When the Constitutional Convention was held, just up the Delaware 
River from where I live in Wilmington, DE, and up in Philadelphia, 
whenever the Founding Fathers were getting into a tough time trying to 
come to consensus or agreement on one issue or the other that they were 
grappling with, a lot of times they would take a break and pray about 
it. When the inauguration of President Washington occurred in New York 
City, when they finished the inauguration, they didn't go off and hold 
big parties and balls, but they actually went to a church and prayed 
together and had a worship service. In fact, I am told over in the 
House of Representatives, when our country was young, President 
Jefferson was participating in worship services held there. Even now, 
207 years later, we still begin each day's session here in the Senate, 
as they do in the House, with a prayer. We have Bible study groups that 
meet on Thursday with the Senate Chaplain, Barry Black. We have done 
that for a number of years. Senator Coleman, who has been one of our 
leaders in a Wednesday morning prayer breakfast, and Mark Pryor from 
Arkansas have led that for a number of years.
  So faith, from the beginning of our foundation as a country, has been 
important to us, to guide us as a nation, and to guide us today in our 
own personal lives.
  When the Constitution was written and the Bill of Rights was written, 
the idea was not to establish an organized religion; the idea was to 
make sure people were free to practice whatever faith they wanted, and 
to be respectful of people of different faiths and the fact that people 
can worship as they see fit or choose not to worship at all. One of the 
strengths of our Nation is our faith, but another of the strengths of 
our Nation is the respect we have for people of different faiths. We 
have people in this body who are Protestant, Catholic, and Jewish. We 
worship the same God, just a bit differently.
  One of the things we try to do during the course of the week is to 
use our faith. Whether we happen to be Presbyterian, Mormon, or Jewish, 
how do we use that faith to help guide us in the policies we adopt for 
our country and for the people we represent? I feel fortunate to live 
in a country where we are free to worship God as we see fit. I think 
there is a real opportunity here for us in the Senate as we try to put 
our country back together and begin to work together after a rough-and-
tumble election to find ways that we can use our faith to figure out 
our path, and to better ensure the people in this country have health 
care, that folks have decent jobs, that folks get a good education, and 
that we can bind the wounds we have opened over the last several months 
and to move forward as a nation.
  I say how pleased I am to have a chance to work with Senator Coleman 
from Minnesota and how much I appreciate the great leadership he has 
shown in bringing a bunch of us together on Wednesday mornings. I 
usually can't get here on Wednesday morning. I go back and forth on the 
train to Delaware almost every night, so I can't be there for many 
Wednesday mornings for that type of fellowship. But I oftentimes join 
my colleagues, including Senator Lincoln of Arkansas and others, on 
Thursday right down the hall here for a Bible study group that is a 
little bit like an adult Sunday school class with the Senate Chaplain, 
affording us the opportunity to read scripture together, reflect 
together, to pray for one another, and to be nourished spiritually.
  I am delighted to be here with Senator Coleman today, and I thank him 
for his leadership.
  Mr. COLEMAN. Mr. President, I thank Senator Carper for his 
leadership. Next week is actually National Bible Week. I think it has 
been celebrated since 1941. The Senator from Delaware is one of the 
cochairs of that. Part of what I think is the purpose of it and the 
importance of it is to reflect a little bit on the value, the 
importance of the Bible and of faith in our lives. And we do bring 
different faith perspectives and different historical perspectives. I 
have a great sense of almost envy a little bit about being from a State 
that goes back to the very beginning, to the time of the Founders. The 
Minnesota journey has been a little briefer journey, a challenging 
journey when the early settlers were coming out and landing. It was 
pretty cold in the winter and it could be blistering hot in the summer. 
You kind of reflect on your own mortality. To this day, we stand now in 
the 21st century, and one of the things faith does--and we heard it 
from the Chaplain, if you listened to the Chaplain's intonation when 
the prayer began, calling upon God for wisdom, in a sense humility, 
that even in this august Chamber it is important for us and our 
colleagues to have. I think faith gives you that, requires that of you. 
Alvin Toffler, in ``Future Shock,'' talked about the geometric rate of 
change--everything is moving so quickly, and reflected in that is the 
importance of some island of stability. One of the things that faith 
does for those of us in this body is, in a sea of change, it provides 
us with stability. It is an island. Everything else is moving very 
quickly around us, but if you look into the Bible, look into the Hebrew 
Torah, you find those kinds of rooted values--the social compact, the 
necessity to help the poor, the necessity to raise your voices on 
behalf of those who are oppressed, in bondage. All those values are 
rooted in these books that we still, then, reflect on and study today. 
I think it is important for us to do that.
  One of the things, by the way, we have been doing is we have a 
National Prayer Breakfast. Senator Pryor and I got to chair that this 
year. I recntly put into the Congressional Record the entire program, 
the transcript. I urge my colleagues to read it, take a look at it. 
There are fascinating reflections from King Abdallah from Jordan. The 
rock star Bono was the chief speaker. He said he is not a man of the 
cloth, unless your cloth is leather, but then he went on to talk about 
his own faith journey. He went on to say he used to wake up all the 
time and pray that God blessed a certain thing that he did. Now what he 
talks about is looking at and kind of putting his efforts into the 
things that God wants

[[Page 22122]]

done, that He has already blessed, trying to figure out what is the 
right thing to do.
  At a time when the partisan divide is so great--we see it on C-SPAN--
what I think our faith has done, what it does for my colleagues and for 
me in fellowship with my colleagues is, for those brief--those moments, 
I would not say brief moments; actually, they are extended moments--it 
allows us to get past that and recognize what is in the heart of a 
colleague.
  In the end, I hope it is a mitigating factor, something that then 
lessens the divide that we see so often played out on the screen and 
played out on TV. The things that bind us are so much more powerful 
than the things that separate us. We do it, I believe, with a sense of 
humility.
  I was the mayor of Saint Paul, MN, the capital city. We say Saint 
Paul is the city of two cathedral domes. There is the dome of the State 
capitol and then the dome of the magnificent Cathedral of Saint Paul. 
The dome of the cathedral is on the highest plane of the city, and I 
say it is a reflection of who is in charge, and it is not the Governor 
or State legislature, if we reflect on that in a positive way.
  There are mad men who use religion and holy books to do terrible 
things, but those are mad men. That is not what faith is all about. At 
a time of great change and the world moving so quickly, I know for me, 
personally, and my colleagues, we find refuge, we find solace, we find 
a sense of peace in reflecting upon the traditions that brought us to 
this floor, to this moment, and hopefully that allows us to operate in 
a way in which we do those good things--those good things that we see 
ourselves.
  One of my favorite quotes is from Maimonides, who says each of us 
must act as if the world were held in balance and any single act of 
goodness on our part could tip the scale. I believe that every day of 
my life. That is what faith brings to me and brings to us.
  I see my colleague from Arkansas is here. Yesterday, we were visiting 
the new Senators, our new colleagues, and kind of moving them to this 
family. I will, again, say to my new colleagues that I urge them, on 
the floor of the Senate, to participate in the National Prayer 
Breakfast. The President is there, the Joint Chiefs of Staff and 
members of the Supreme Court and leaders from 170-something countries. 
This is not just a Senate thing or a U.S. thing, this is a global thing 
of great importance, as we saw in our last prayer breakfast, where you 
have King Abdallah, a direct descendant of Mohammed, Norm Coleman, a 
Jewish boy from Minnesota, and Mark Pryor, a Christian from Arkansas, 
coming together on the platform. I hope that has meaning beyond that 
single day.
  With that, I see my colleague from Arkansas and yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Arkansas.
  Mrs. LINCOLN. Mr. President, I am so proud to join my colleagues this 
morning, and I especially thank my colleague from Delaware for his 
service as the Senate chairperson of the National Bible Week this year 
and for preserving time this morning for our observance of this annual 
celebration. I also want to say a very special thanks to my colleague, 
Norm Coleman, the Senator from Minnesota, who does a tremendous job. We 
work together on so many different things, but yesterday it was great 
to be able to sit down and visit with the new Members, the new Senators 
coming into this body and talk to them about how to keep their life 
rich; not just to do their jobs as Senators but to take care of 
themselves and to make sure that their journey in life stays strong. We 
all know, in this journey that we all share on this Earth, this 
incredible blessing we have been given to live this journey here on 
Earth, if we keep that journey strong, then we will always be better 
Senators.
  I could not have found a better partner in communicating that than my 
good colleague from Minnesota, and I appreciate him so much for that.
  I am very grateful to be here to speak about the Bible, in 
recognition of this annual National Bible Week and certainly its 
importance in my life, what it has meant to me. In my family, growing 
up in east Arkansas, my dad was a farmer. We are a seventh-generation 
Arkansas farm family. We go back to our roots there along the 
Mississippi River. Actually, the first Lambert, which is my maiden 
name, who came to Arkansas was a Presbyterian minister who was sent as 
a missionary to the Native Americans who lived in that area. It was 
long before Arkansas was a State, and again it is a huge part of my 
heritage where, as a Presbyterian minister and a Christian, Rev. Jordan 
B. Lambert came across the border as a missionary to carry his faith 
into the West.
  In my family, we were all introduced to the Bible at a very early 
age, and we were taught how to turn to its teachings early and often 
for guidance in our daily lives and what we needed to make this 
journey, our journey, each of us, our individual journey on this Earth, 
a full one, one that not only was fulfilling for us but, more 
importantly, fulfilling to our fellow man.
  I can remember, as a young teenager, coming to Sunday school on 
Sunday mornings. I remember one of my Sunday school teachers who would 
take us every Sunday into our Sunday school room, and we made this huge 
Bible village out of clay and papier-mache. It was wonderful because it 
taught us so much of the times, of the Old Testament and the New 
Testament. It was incredible how we built this.
  I realize now, later in life, that that was a time to reflect, 
reflect on the writings and the times that the Bible brings to us 
because, as we sat there, very curiously and very diligently creating 
out of clay and papier-mache this Bible village, we talked. We talked 
to each other. We talked to the Sunday school teacher, the adult who 
was there to help guide us. As she read Scripture to us and we made 
these things, we talked about our experiences as young teenagers. We 
talked about what we were going through in school, the cruel words that 
others may have presented to us or the new student who had come to 
class and who was not being well received or someone whose family was 
ill or had a tremendous tragedy. We talked about these things as we 
created this village, and then we realized, through those Bible 
teachings and through those stories that we, too, were living that 
word--hopefully--and learning how better to live that word in our 
teenage years and in our adult years.
  Without question, for me, the Bible is the most profound book in 
life, and there is no doubt that its lessons shape the type of person I 
am; the type of person I strive to become each and every day, working 
hard to do my best; the type of parent I want as an example for my 
children as they grow up and they learn these stories; and the type of 
Senator I want to be to help lead this country.
  It is no secret to any of us that the Members of this incredible body 
are very blessed and fortunate in so many different ways. But what does 
that mean, exactly, and particularly to those who are scholars of 
Bible? I am not a Bible scholar, I wish I were, but I do look to the 
Bible for that guidance and as a part of my faith, as the Senator from 
Delaware said, it is a light. It is a lamp unto my feet. But the Bible 
teaches me: To whom much is given, much is required. If you look around 
throughout this body and realize how blessed we truly are, our devotion 
to public service, hopefully, comes from a desire to live by the types 
of teachings that the Bible gives us and that is to help the least 
among us. It doesn't just teach us to clothe those who are naked. It 
doesn't just teach us to feed those who are hungry. Those are the 
important parts. But I never shall forget a lesson I learned in person 
working in a soup kitchen in downtown Washington, cleaning up tables 
after we, our Bible study group, had served a breakfast, which we did 
on a monthly basis. I was cleaning up those tables and moving to what 
was the next thing in life, which was heading off to work, there was a 
man sitting at the last table and, as I began to break it down, I asked 
him:

       Are you still hungry? Is there something more that you 
     would like?
       No, just 10 minutes of your time. Could you just please sit 
     and visit with me for 10 minutes?


[[Page 22123]]


  I realized it was not just the nourishment that he needed. He needed 
his soul to be fed as well.
  If I think about all of the most important teachings in the Bible, I 
think about how important it is for us to nourish one another, 
Democrats to nourish Republicans and Republicans to nourish Democrats; 
how important it is in this body that we feed one another's souls with 
the kind of loving care that we are taught about in the Bible.
  As a Senator, I thoroughly believe that government can be a weapon of 
good, if we adhere to and follow the basic message of the Bible's 
teaching of love. I think that is, without a doubt, the most clear 
message that comes there--love, care, and respect for our fellow man.
  Perhaps my favorite Bible lesson proclaims: Let us not love in word 
but in deed and in truth. In an environment that gets way too 
political, and so often it does, it is so incredibly important for all 
of us to look to that lesson.
  I thank you, Mr. President, and especially thank my colleagues, for 
coming here to recognize what an important role the Bible does play in 
so many of our lives and what a wonderful opportunity it gives us to 
nourish each other's soul on a daily basis.
  I yield to the Senator from Delaware.
  Mr. CARPER. Mr. President, how much time do we have on our 20 
minutes?
  The ACTING PRESIDENT pro tempore. The Senator has 55 seconds.
  Mr. REID. Will the Senator yield for a unanimous consent request?
  Mr. CARPER. Of course.

                          ____________________




                 UNANIMOUS-CONSENT AGREEMENT--H.R. 5384

  Mr. FRIST. Mr. President, I ask unanimous consent that 
notwithstanding the unanimous consent for consideration of the United 
States-India legislation, that during the session of the Senate on 
Thursday, September 16, the Senate proceed to consideration of the 
Agriculture appropriations bill, at a time to be determined by the 
majority leader after consultation with the Democratic leader; provided 
further that following the statements of the Chairman and ranking 
member, Senator Conrad be recognized in order to offer a first-degree 
amendment.
  The ACTING PRESIDENT pro tempore. Is there objection? The Senator 
from North Dakota is recognized.
  Mr. DORGAN. Mr. President, reserving the right to object, I shall not 
object, Senator Conrad is not on the floor. I am certain this will be 
acceptable to him. His amendment will modify the disaster aid amendment 
that was put in the Senate appropriations bill in the Senate committee. 
I wish to be recognized following Senator Conrad's statement on this 
introduction, to be part of that discussion.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. FRIST. What this means is, to clarify, in a few minutes we will 
be going to the United States-India legislation. At some point over the 
course of the day, following getting on that bill, the amendments in 
that bill, we will have the opportunity to proceed to the Ag bill.
  Let me restate our intentions to complete the United States-India 
legislation either today or tomorrow. We will complete that 
legislation. We have a whole list of amendments that were by unanimous 
consent listed. I think we can condense those amendments down on that 
legislation. We will be able to do that, I believe. If we do that, we 
should be able to address all those amendments and have that 
legislation completed.
  I urge all of our colleagues to keep their statements fairly brief on 
that legislation. Let's get to the amendment process in order to 
complete that bill tonight so that we will not have to be back 
tomorrow.
  The ACTING PRESIDENT pro tempore. The Senator from Delaware.
  Mr. CARPER. How much time do we have?
  The ACTING PRESIDENT pro tempore. The Senator from Delaware has a 
minute remaining in morning business.

                          ____________________




                         SHOWING FAITH BY DEEDS

  Mr. CARPER. Let me close by saying a special thanks to my friend from 
Arkansas, Blanche Lincoln, and to our colleague, Norm Coleman from 
Minnesota, for talking with us for a few minutes today about their 
faith. One of my favorite verses of Scripture comes out of the little 
Book of James, near the end of the New Testament, where we read: Show 
me your faith by your words and I will show you my faith by my deeds.
  The most important thing is not how high we jump up in church but 
what we do when our feet hit the ground, and our feet hit the ground 
here every day of the week at about 9:30.
  As we go forward, none of us is perfect. All of us make mistakes--God 
knows I do. But I would just remind us all it is important not just to 
talk about our faith but that we try to show our faith by our deeds.
  Having said that, I yield the floor. I suggest the absence of a 
quorum.
  The PRESIDING OFFICER (Ms. Murkowski). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DORGAN. Madam President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                       AGRICULTURE APPROPRIATIONS

  Mr. DORGAN. Madam President, at some point today following the debate 
with respect to the India security agreement, we will by unanimous 
consent have an opportunity to have the agriculture appropriations bill 
on the floor. My colleague Senator Conrad will offer an amendment to 
that bill which will amend a provision that I added to the bill in the 
Senate Appropriations Committee.
  My colleague Senator Burns and I added a farm disaster amendment. My 
colleague Senator Conrad has been working on an amendment that will 
expand that to include the 2007 disaster legislation. Because we are 
going to have an agriculture appropriations bill on the floor today at 
some point, I thought it was interesting to call attention to a story 
that was in today's newspaper.
  Our family farmers--many of whom got hurt badly with the devastating 
droughts and some of whom have been hurt by floods and so on--as I said 
yesterday are the economic all-stars of this country. They get up in 
the morning and do chores. They take showers afterwards--not before. 
They risk everything they have, hoping their crops will grow. They 
produce foodstuff for a hungry world. They are the economic all-stars 
in this country.
  But let me point out that in this morning's newspaper the U.S. 
Department of Agriculture has said they are going to eliminate 
``hunger''--actually eliminate the word ``hungry.'' The U.S. Government 
has vowed that Americans will never be hungry again, but they may 
experience ``very low food security.'' The U.S. Department of 
Agriculture has decided they are not going to use the term ``hungry'' 
as they define that number of people in this country who do not have 
enough to eat and are hungry.
  There is something called ``an ache in your belly.'' There are hunger 
pangs for people who do not have enough to eat. Apparently that is not 
going to be called ``hunger'' anymore. Those folks who can't find 
anything to eat and are suffering the pangs of hunger and the ravage to 
their body because of not having food are going to be called people 
with ``very low food security.''
  If you don't have anything to eat, that is a ``very low food 
security,'' but it doesn't describe in English what is happening. In 
English, these are people who are hungry.
  I don't understand sometimes the bureaucracy. I was here years ago 
when ketchup was described as a vegetable, a part of a daily meal. Of 
course, that was never very right. It is not a vegetable. Now they are 
going to eliminate ``hunger.''
  Throughout the years I have been here, I have served on the hunger 
committee when I was in the U.S. House, and I toured much of the 
world--going

[[Page 22124]]

to refugee camps, been around parts of this country. I have seen 
hunger. I have seen devastating hunger.
  I would desire to eliminate hunger, if we can. Our farmers are part 
of being able to do that at some point with the prodigious quantities 
of good food which they produce. We are not going to eliminate hunger 
by taking ``hunger'' out of the lexicon of the Department and replacing 
it with ``very low food security.'' I think it is not about the 
terminology; it is about the will. Do we have the will to decide in a 
country such as ours to address the issue of hunger and make sure they 
have enough to eat.
  We have programs in this country such as food stamps and the WIC 
Program and other programs to try to address some of these issues. Now 
apparently we have some folks in the bureaucracy who will address it by 
changing the words to ``very low food security.''
  Remember that when we later today talk about family farmers and the 
plight many of them have. They are the ones planting the seed and 
growing the crops--or at least trying to do that, except during the 
years where there is a disaster when they have serious problems.
  We have a hungry world. The fact is in this world we circle the Sun. 
Our little planet has 6.3 billion neighbors. Half of them have never 
made a telephone call and live on less than $2 a day. There is plenty 
of hunger in this country and the world. Eliminating the word 
``hunger'' from the lexicon of the U.S. Department of Agriculture is 
not addressing the issue of hunger.
  I yield the floor. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. CONRAD. Madam President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                           ORDER OF BUSINESS

  Mr. CONRAD. Madam President, we have had a flurry of phone calls and 
consultations this morning about the dispute that has gone on over the 
last several days about getting to the agriculture appropriations bill 
so we might consider disaster relief for farmers and ranchers hard hit 
by drought across the country, the third worst drought in our Nation's 
history.
  My understanding of the agreement is that we will go to the India 
nuclear matter but that at some time today we will turn our attention 
to the agriculture appropriations bill and I will have the chance to 
offer the first amendment to that bill. Is that a correct understanding 
of the agreement that has been entered?
  The PRESIDING OFFICER. The Senator is correct in that under the 
unanimous consent entered into earlier we will move to the United 
States-India legislation, after which the agriculture appropriations 
bill will be taken up. It provides under that agreement for Senator 
Conrad to be recognized in order to offer a first-degree amendment 
following the statement of the chairman.
  Mr. CONRAD. Very good. That is my understanding. I appreciate the 
Chair confirming that.
  There are 26 cosponsors of the legislation. It is wholly bipartisan--
many Republicans and many Democrats. I want to alert my colleagues that 
at some point we will go to this issue today. It is not specified when, 
as I understand it. Is that correct?
  The PRESIDING OFFICER. That is correct.
  Mr. CONRAD. It is specified that sometime today we will go to it, and 
after statements of the Chair and ranking member I will be given an 
opportunity to offer an amendment.
  The PRESIDING OFFICER. The Senator is correct.
  Mr. CONRAD. I thank the Chair and yield the floor. I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LUGAR. Madam President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The PRESIDING OFFICER. The Senator from Indiana.

                          ____________________




 FEDERAL AND DISTRICT OF COLUMBIA GOVERNMENT REAL PROPERTY ACT OF 2006

  Mr. LUGAR. Madam President, I ask unanimous consent that the Homeland 
Security and Governmental Affairs Committee be discharged from further 
consideration of H.R. 3699, that it then be referred to the Energy and 
Natural Resources Committee and immediately discharged, and that the 
Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 3699) to provide for the sale, acquisition, 
     conveyance, and exchange of certain real property in the 
     District of Columbia to facilitate the utilization, 
     development, and redevelopment of such property, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Ms. LANDRIEU. Madam President, I take the opportunity to thank the 
Governmental Affairs Committee for bringing H.R. 3699 to the floor for 
passage today. The Federal and District of Columbia Government Real 
Property Act of 2005 is a unique proposal to reevaluate the significant 
Federal property in DC and make some land available to redevelopment by 
the city. This redevelopment will broaden the District's tax base and 
will eventually add strength to the city economy. As the ranking 
Democratic member of the Senate Appropriations Subcommittee on the 
District of Columbia I am tasked with my friends on the Government 
Affairs Committee to provide appropriate oversight of the District and 
ensure a strong financial condition.
  The Federal property that will be transferred to the District through 
this bill will provide for a variety of new projects and there is a 
great deal of potential. Reservation 13 is envisioned as a mixed-use 
new community that will include new housing and businesses, and improve 
access to existing healthcare facilities. That property also includes 
the Court Services and Offender Services Agency, CSOSA, a Federal 
entity providing offender and defendant oversight in the District. I 
commend my colleagues for including a provision in this bill to ensure 
the CSOSA will remain on reservation 13 in a facility which the Federal 
government has provided significant resources to renovate. They are 
doing a tremendous job to ensure that offenders returning to the city 
are prepared for the challenges that face them and should continue that 
good work.
  In addition, I emphasize my strong support for youth recreation and 
education opportunities in this bill. Properties all along the 
Anacostia River and elsewhere will now be under the District's control 
to develop and I strongly encourage them to commit to reserving a 
portion of each property for youth recreation. We all know the health 
benefits to children being outdoors, whether in organized sports or the 
chance to learn about the environment. There are many tremendous youth 
sports organizations in DC that boost kids' self-esteem and oftentimes 
provide educational support or mentoring at no cost to low income 
children. Particularly in an urban area where space is limited it is 
critical that the District commit to providing opportunities for youth 
to be outdoors.
  I recognize the important need for outreach to the poorest and most 
vulnerable children in DC. I strongly urge the Anacostia Waterfront 
Corporation to form a partnership with a DC-based organization whose 
mission is to provide environmental education to children in natural 
and historic settings, and particularly to underserved populations. In 
my work with the District I have always encouraged partnerships with 
community organizations who know the need and how best to meet it and 
this is a perfect opportunity to create new vibrant partnerships to 
benefit the community.

[[Page 22125]]

  I thank Senators Collins, Voinovich, Lieberman, and Akaka for their 
hard work on this legislation over the past year. The base of the bill 
was proposed by the administration in 2005 and we have worked 
collaboratively with the District government and the Federal agencies 
holding property in the city to develop a sensible approach. I support 
the goals of this bill to rationalize property in the District and I 
encourage city leaders to ensure youth have a place to play in their 
plans for the property. I urge passage of H.R. 3699 and thank the 
authorizing committee for their work.
  Mr. LUGAR. Madam President, I further ask unanimous consent that the 
bill be read three times and passed, the motion to reconsider be laid 
upon the table with no intervening action or debate, and that 
statements relating to the measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 3699) was ordered to a third reading, was read the 
third time, and passed.

                          ____________________




       UNITED STATES-INDIA PEACEFUL ATOMIC ENERGY COOPERATION ACT

  Mr. LUGAR. Madam President, I ask that the bill S. 3709, the United 
States-India Peaceful Atomic Energy Cooperation Act, be called up and 
be the pending business.
  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of S. 3709, which the clerk will report.
  The clerk will report the bill by title.
  The legislation clerk read as follows:

       A bill (S. 3709) to exempt from certain requirements of the 
     Atomic Energy Act of 1954 United States exports of nuclear 
     materials, equipment, and technology to India, and to 
     implement the United States Additional Protocol.

  The PRESIDING OFFICER. The Senator from Indiana is recognized.
  Mr. LUGAR. Madam President, today the Senate begins consideration of 
legislation on the U.S.-India Civilian Nuclear Agreement. This 
agreement is the most important strategic diplomatic initiative 
undertaken by President Bush. By concluding this pact and the far-
reaching set of cooperative agreements that accompany it, the President 
has embraced a long-term outlook that seeks to enhance the core 
strength of our foreign policy in a way that will give us new 
diplomatic options and improve global stability.
  The Committee on Foreign Relations undertook an extensive review of 
this agreement. We held four public hearings with testimony from 17 
witnesses, including Secretary of State Condoleezza Rice. We received a 
classified briefing from Undersecretaries of State Nick Burns and Bob 
Joseph. Numerous briefings were held for staff with experts from the 
Congressional Research Service, the State Department, and the National 
Security Council. I submitted 174 written questions for the record to 
the Department of State on details of the agreement and posted the 
answers on the committee web site.
  The agreement allows India to receive nuclear fuel, technology, and 
reactors from the United States--benefits that were previously denied 
to India because of its status outside the Nuclear Non-proliferation 
Treaty--NPT. This pact is a lasting incentive for India to abstain from 
further nuclear weapons tests and to cooperate closely with the United 
States in stopping proliferation.
  The bill before us is an important step toward implementing the 
nuclear agreement with India, but we should understand that it is not 
the final step in the process. This legislation sets the rules for 
subsequent congressional consideration of a so-called 123 Agreement 
between the U.S. and India. A 123 Agreement is the term for a peaceful 
nuclear cooperation pact with a foreign country under the conditions 
outlined in section 123 of the Atomic Energy Act.
  Our legislation does not restrict nor does it predetermine 
congressional action on the forthcoming 123 Agreement. Unlike the 
adminisiration's original legislative proposal, this bill preserves 
congressional prerogatives with regard to consideration of a future 123 
Agreement. Under the administration's original proposal, the 123 
Agreement would have entered into force 90 days after submission unless 
both houses of congress voted against it, and with majorities that 
could overcome a likely Presidential veto. I am pleased the 
administration changed course on this matter and agreed to submit the 
123 Agreement with India to Congress under normal procedures. This 
means that both the House and the Senate must cast a positive vote of 
support before the 123 Agreement can enter into force.
  In our view, this better protects Congress's role in the process and 
ensures congressional views will be taken into consideration.
  I thank Senator Biden for his close cooperation on developing this 
important bill. It reflects our shared views and concerns. He and his 
staff were valuable partners in the drafting of this legislation, and 
the final product is much improved because of their efforts. Together, 
we have constructed a bill that allows the U.S. to seize an important 
strategic opportunity, while ensuring a strong congressional oversight 
role, reinforcing U.S. nonproliferation efforts, and maintaining our 
responsibilities under the NPT. I also want to thank all members of the 
Foreign Relations Committee for their support, and the work of their 
staffs, in crafting a bill that received the overwhelming support of 
the committee last June.
  For the benefit of Senators, I offer the following section by section 
analysis.
  Section 101 identifies the bill as the U.S.-India Peaceful Atomic 
Energy and U.S. Additional Protocol Implementation Act. Sections 102 
and 103 of the Lugar-Biden bill include sense of the Congress 
provisions on U.S.-India relations and policy declarations. These 
provisions give voice to a set of important policy issues involving 
bilateral relations, democratic values, nuclear non-proliferation 
regimes, fissile material production in South Asia, and support for 
IAEA safeguards and the Nuclear Suppliers Group. All of these concerns 
are reinforced by the bill's comprehensive reporting requirements.
  Section 104 provides waiver authority from provisions in the Atomic 
Energy Act and removes the prohibition on cooperating with India due to 
its 1998 weapons tests and its existing weapons program. At the same 
time, section 129 of the Atomic Energy Act, which is preserved under 
the Lugar-Biden bill, terminates nuclear cooperation if India conducts 
a nuclear test, proliferates nuclear weapons or materials, or breaks 
its agreements with the IAEA or the United States.
  Section 105 of our proposal adopts all of the administration's 
requirements to ensure that India is meeting its nonproliferation 
commitments. In addition, we require that decisions in the Nuclear 
Suppliers Group enabling nuclear trade with India are made by consensus 
and consistent with its rules. Our aim is to ensure that this 
multilateral organization will continue to play a vital role in global 
nonproliferation efforts.
  Section 106 prohibits exports of equipment, materials or technology 
related to the enrichment of uranium, the reprocessing of spent nuclear 
fuel, or the production of heavy water. The provision allows narrow 
exceptions for the export of these items from the United States to 
India if they are for proliferation-resistant activities that involve 
the United States or have the sponsorship of a recognized international 
body such as the IAEA. This provision is consistent with the 
administration's policy regarding such transfers. It would allow 
cooperation in sensitive nuclear areas only if such cooperation could 
be implemented with no risk of proliferation.
  Section 107 requires the creation of a system to ensure that no items 
exported to India are diverted to any uses that are not peaceful. This 
section seeks to ensure U.S. compliance with our NPT obligations.
  Section 108 requires annual Presidential certifications that India is 
meeting its commitments under the July 2005 Joint Statement, its 
Separation Plan, New Delhi's Safeguards

[[Page 22126]]

Agreement and additional protocol with the IAEA, the 123 Agreement, and 
applicable U.S. laws regarding U.S. exports to India. The President 
must also certify on an annual basis that U.S. trade with India in 
these areas remains in the national security interests of the United 
States.
  Section 109 requires that no action be undertaken under this act that 
could violate any U.S. obligation under the NPT. Section 110 explicitly 
stipulates that if India conducts a nuclear test, U.S.-India civilian 
nuclear cooperation is terminated. Finally, sections 111 and 112 
clarify India's Missile Technology Control Regime status under U.S. law 
and various terms used in the bill.
  The U.S.-Indian agreement resulted from a delicately balanced 
negotiation. Neither side got everything it wanted. Nevertheless, the 
Bush administration and the Indian government came to the conclusion 
that the agreement was in the national security interest of both 
countries. I urge Senators to vote in favor of this legislation without 
conditions that would kill the agreement.
  I would also note that Senator Biden and I included an important 
piece of nonproliferation legislation in the bill as title II. In 2004, 
the Senate ratified the IAEA Additional Protocol, but Congress did not 
pass implementing legislation that is required for the treaty to go 
into effect. President Bush has called on the Senate to act on this 
important matter, and the committee voted unanimously in favor of this 
bill in March.
  The Committee approved this legislation with a bipartisan vote of 16 
to 2. Furthermore 15 members of the committee asked to be named as 
original cosponsors. Since that time, additional Senators have 
requested to be added as cosponsors.
  Due to the fact that the legislation was an original bill, the 
Parliamentarian ruled that cosponsors were not permitted. This is 
unfortunate because the amount of support our legislation has received 
is impressive. I appreciate the strong support of Senators Biden, 
Hagel, Chafee, Allen, Coleman, Voinovich, Alexander, Sununu, Murkowski, 
Martinez, Dodd, Kerry, Nelson, Obama, Cornyn, Bayh, Hutchison, DeWine, 
and Lott.
  During our markup, the committee rejected an amendment offered by 
Senator Feingold. Under the amendment, the President would have had to 
determine with absolute certainty that no U.S. nuclear fuel exports to 
India could increase its production of fissile materials for weapons. 
New Delhi would rightly see this as moving the goalposts--an 
unacceptable unilateral alteration of the pact. If the Feingold 
amendment or others like it are included in the final legislation, they 
would effectively kill the U.S.-India Agreement.
  I would have preferred that the U.S.-India Agreement had included a 
commitment by New Delhi to stop making nuclear bomb materials, but 
negotiations did not yield that result. Instead, the Bush 
administration won an important commitment to negotiate a Fissile 
Material Cutoff Treaty. Such a multilateral approach is the best way to 
reduce nuclear tensions and threats associated with an arms race in 
South Asia.
  The Lugar-Biden bill declares it the policy of the United States to 
achieve as quickly as possible a cessation of the production of fissile 
materials for nuclear weapons by India and Pakistan. Our bill also 
includes an annual reporting requirement detailing:

       United States efforts to promote national or regional 
     progress by India and Pakistan in disclosing, securing, 
     capping, and reducing their fissile material stockpiles, 
     pending creation of a world-wide fissile material cut-off 
     regime, including the institution of a Fissile Material Cut-
     off Treaty.

  I will oppose amendments that delay or impose additional conditions 
on the agreement before it can enter into force. The Senate will not 
advance U.S. national security in this case by making the perfect the 
enemy of the good. We should not hold up the significant 
nonproliferation gains afforded by this initiative in order to seek a 
fissile material cap that India has indicated it will not consider 
absent similar commitments by Pakistan and China.
  The United States and India have engaged in initial discussions on a 
multilateral Fissile Material Cutoff Treaty, FMCT, to be negotiated in 
the conference on disarmament. We should press for rapid progress in 
that context. 
  The Indian government has expressed concern about section 106 of our 
bill. This section prohibits the export of any equipment, materials or 
technology related to the enrichment of uranium, the reprocessing of 
spent fuel, or the production of heavy water. These technologies are 
not purely civilian in nature. They are considered critical elements to 
a modern nuclear weapons program.
  This provision in our bill is entirely consistent with President 
Bush's policy announcement on this matter at the National Defense 
University on February 11, 2004. In his speech, the President said:

       The 40 nations of the Nuclear Suppliers Group should refuse 
     to sell enrichment and reprocessing equipment and 
     technologies to any state that does not already possess full-
     scale, functioning enrichment and reprocessing plants. This 
     step will prevent new states from developing the means to 
     produce fissile material for nuclear bombs. Proliferators 
     must not be allowed to cynically manipulate the NPT to 
     acquire the material and infrastructure necessary for 
     manufacturing illegal weapons.

  President Bush also said that ``enrichment and reprocessing are not 
necessary for nations seeking to harness nuclear energy for peaceful 
purposes.''
  In response to questions for the record that I submitted, Under 
Secretaries of State Bob Joseph and Nick Burns amplified this 
administration policy as it applies to the nuclear agreement with 
India. They said:

       For the United States, ``full civil nuclear cooperation'' 
     with India means trade in most civil nuclear technologies, 
     including fuel and reactors. But we do not intend to provide 
     enrichment or reprocessing technology to India. As the 
     President said in February 2004, ``enrichment and 
     reprocessing are not necessary for nations seeking to harness 
     nuclear energy for peaceful purposes.'' We do not currently 
     provide enrichment or reprocessing equipment to any country. 
     We will also need to ensure that any cooperation is fully 
     consistent with U.S. obligations under the NPT not to in any 
     way assist India's nuclear weapons program, and with 
     provisions of U.S. law.

  Under Secretaries Burns and Joseph also answered that:

       We do not export enrichment or reprocessing technology to 
     any state. Therefore, full civil nuclear cooperation with 
     India will not include enrichment or reprocessing technology.

  This answer is especially significant, since the phrase ``full civil 
nuclear energy cooperation'' is the phrase taken directly from the July 
2005 joint statement.
  In response to a question for the record that I submitted to 
Secretary Rice, she responded:

       The U.S. does not foresee transferring heavy water 
     production equipment or technology to India, and the draft 
     bilateral peaceful nuclear cooperation agreement accordingly 
     makes no provisions for such transfers.

  Our committee bill, S. 3709, does not break any new ground in this 
area. This is not a new subject. The answers to these questions have 
been on the committee's Web site for months. Nothing in this bill 
deviates from the President's policy, and we even go one step further 
by allowing the flexibility to export those items from the United 
States for proliferation-resistant activities with the U.S. or under 
international cooperation. I support section 106, and I think it is 
important that we take the strong and definitive statements made by 
President Bush, Secretary Rice, Under Secretary of State Nick Burns, 
and Under Secretary of State Robert Joseph and put them into law.
  The Indian government has also expressed concern about section 107, 
which requires an end-use monitoring program to be carried out with 
respect to U.S. exports and re-exports of nuclear materials, equipment, 
and technology sold or leased to India. Some have argued that this 
provision is not needed because IAEA safeguards would verify the use of 
any U.S. exports to India. IAEA safeguards only apply, however, to 
nuclear materials, not to nuclear technology. Sensitive technology of 
the kind the United States might export to India that can be used

[[Page 22127]]

in India's civilian nuclear program could also advance India's nuclear 
weapons program.
  This type of end-use system is not without precedent, as Congress 
required similar recordkeeping for nuclear cooperation with China.
  An end-use monitoring program can provide increased confidence in 
India's separation of its civilian and military nuclear programs. It 
also would further ensure United States compliance with article I of 
the Nuclear Non-Proliferation Treaty.
  The provision is not intended to cast doubt on the sincerity of 
India's July 18 Joint Statement commitments or its March and May 2006 
separation documents. Rather, the committee believes that by building 
and establishing a special program with India, the resulting 
coordination between India and U.S. regulatory agencies can provide a 
basis for even greater cooperation and commerce between the two 
nations.
  Section 107 would confirm that only authorized recipients are 
receiving nuclear technology; that the nuclear technology identified 
for transfer will be used only for peaceful safeguarded nuclear 
activities; that the nuclear technology identified for transfer will 
not be retransferred without the prior consent of the United States; 
and that facilities, equipment, or materials derived through the use of 
transferred technology will not be transferred without the prior 
consent of the United States.
  This section also requires that, in the absence of IAEA safeguards, 
the U.S. and India must arrange a bilateral system to ensure that 
safeguards in India remain on U.S. exports and re-exports in 
perpetuity.
  Section 107 requirements could be met by applying to India those 
measures already governing atomic energy cooperation under the 123 
Agreement with China. Under Secretary Joseph testified before the 
committee that, while the 123 Agreement with India will not provide for 
full-scope safeguards, it ``will allow for appropriate controls to help 
ensure that material or goods provided for civilian purposes remain 
within the civilian sector.'' So nothing in section 107 would be 
inconsistent with what may be concluded in the 123 Agreement with India 
itself.
  Title II of the bill includes the committee's IAEA Additional 
Protocol Implementing Legislation. This title permits the Additional 
Protocol the U.S. has concluded with the IAEA to go into effect.
  In President Bush's 2004 speech at the National Defense University, 
he called on the Senate to ratify the U.S. Additional Protocol with the 
IAEA. He said:

       We must ensure that the IAEA has all the tools it needs to 
     fulfill its essential mandate. America and other nations 
     support what is called the Additional Protocol, which 
     requires states to declare a broad range of nuclear 
     activities and facilities, and allow the IAEA to inspect 
     those facilities . . . Nations that are serious about 
     fighting proliferation will approve and implement the 
     Additional Protocol. I've submitted the Additional Protocol 
     to the Senate. I urge the Senate to consent immediately to 
     its ratification.

  The Committee on Foreign Relations voted unanimously to approve a 
resolution of ratification on the U.S. Additional Protocol on March 4, 
2004, and the full Senate approved it on March 31 by unanimous consent 
in 2004.
  Unfortunately the Additional Protocol is not self-executing. Congress 
must adopt implementing legislation for the United States to submit its 
instruments of ratification. In other words, implementing legislation 
must be passed before the Additional Protocol can go into effect. The 
Committee on Foreign Relations unanimously approved the implementing 
legislation on March 4, 2006, but efforts to pass the legislation in 
the full Senate have been unsuccessful due to holds placed by several 
Senators.
  At a time when the administration and the Congress are demanding that 
India conclude such an Additional Protocol as part of its overall 
nuclear arrangements, Congress must muster the political will to act on 
the implementing legislation. Our credibility as the leader of global 
nonproliferation efforts is at stake. Along with many other nations, we 
are asking the IAEA to perform critical functions aimed at preventing 
nuclear proliferation. An effective IAEA is very much in the national 
security interest of the United States.
  Some Senators expressed concern that the Additional Protocol and the 
implementing legislation will make it possible, even likely, that 
international inspectors will learn secrets about our nuclear weapons 
program. Let me state clearly, nothing could be further from the truth. 
The Additional Protocol does not contain any new arms control or 
disarmament obligations for the United States. Although there are 
increased rights granted to the IAEA for the conduct of inspections in 
the United States, although there are increased rights granted to the 
IAEA for the conduct of inspections in the United States, the 
administration has assured the Foreign Relations Committee that the 
likelihood of an inspection occurring in our country is very low. 
Moreover, even if an inspection under the Additional Protocol is 
requested, the United States has the full right, through the National 
Security Exclusion, to prevent the inspection if we determine that it 
could be potentially harmful to U.S. national security interests.
  On July 26, 2006, the National Security Adviser, Steve Hadley, 
expressed the administration's support for the language in title II. He 
wrote:

       The Administration urges both Houses of Congress to act to 
     complete expeditious action on implementing legislation to 
     enable the United States to meet its obligations under the 
     Additional Protocol.

  More recently, President Bush's Assistant Secretary of State for 
International Security and Nonproliferation, John Rood, testified at 
his confirmation hearing that the administration strongly supports the 
Additional Protocol and that it is important that the United States 
pass implementing legislation.
  I am pleased to report that a compromise was reached between the 
administration, the Committee on Foreign Relations, and those Senators 
who expressed concerns about the IAEA Additional Protocol implementing 
legislation. This is an important step for U.S. nonproliferation 
policy, and I thank all of the parties involved in the discussions for 
their support of those efforts.
  In conclusion, Madam President, I urge my colleagues to approve the 
U.S.-India agreement. This legislation will allow the United States to 
engage in peaceful nuclear cooperation while safeguarding U.S. national 
security and nonproliferation efforts, as well as congressional 
prerogatives. It is an opportunity to build a vital strategic 
partnership with a nation that shares our democratic values and will 
exert increasing influence on the world stage. We should move forward 
now.
  I thank the Chair, yield the floor, and suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LUGAR. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           amendment no. 5168

                (Purpose: In the nature of a substitute)

  Mr. LUGAR. Madam President, I send a managers' amendment to the desk 
that has been cleared on both sides.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Indiana [Mr. Lugar] proposes an amendment 
     numbered 5168.

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. LUGAR. Madam President, I urge the amendment's adoption.
  The PRESIDING OFFICER. The amendment is agreed to as original text.
  The amendment (No. 5168) was agreed to.


                           amendment no. 5169

  Mr. LUGAR. Madam President, I send an amendment to the desk that has 
been cleared on both sides of the aisle.
  The PRESIDING OFFICER. The clerk will report.

[[Page 22128]]

  The assistant legislative clerk read as follows:

       The Senator from Indiana [Mr. Lugar], for Mr. Obama, 
     proposes an amendment numbered 5169.

  The amendment is as follows:

  (Purpose: To clarify United States policy in order to deter nuclear 
                    testing by foreign governments)

       At the appropriate place in title I, insert the following 
     new section:

     SEC. __. UNITED STATES POLICY REGARDING THE PROVISION OF 
                   NUCLEAR POWER REACTOR FUEL RESERVE TO INDIA.

       It is the policy of the United States that any nuclear 
     power reactor fuel reserve provided to the Government of 
     India for use in safeguarded civilian nuclear facilities 
     should be commensurate with reasonable reactor operating 
     requirements.

  Mr. LUGAR. I urge the amendment's adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 5169) was agreed to.
  Mr. LUGAR. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LUGAR. I thank the Chair and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BIDEN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BIDEN. Madam President, today the Senate is engaged in a truly 
historic process. When we pass this bill--and I expect we will do 
that--America will take a giant step closer to approving a major shift 
in United States-India relations. If we are right, this shift will 
increase the prospects for stability and progress in South Asia and, I 
would argue, the world at large. The Committee on Foreign Relations has 
worked to move this project forward, while safeguarding the role of 
Congress and minimizing any harm to nuclear nonproliferation policies 
and institutions. There is no one who has been stronger in dealing with 
the issue of nonproliferation than my colleague, the chairman of the 
Foreign Relations Committee. I have supported him in those efforts for 
years.
  I urge my colleagues to take a real close look at the argument that 
is being made by some that this is going to promote the proliferation 
of nuclear weapons. The fact is, I believe it will not.
  I am going to urge my colleagues at the appropriate time to support 
this bill. It has been a cliche to speak of the United States-India 
relationship as a bond between the world's two oldest democracies and 
the world's two largest democracies, but this cliche is also a fact. 
Shared political values are the foundation of our relationship and, I 
would argue, the raison d'etre for taking a chance for those who are 
doubtful on this treaty. Both the United States and India believe in 
the dignity of man and the consent of the governed. Both countries are 
multiethnic and multireligious. Both countries seek economic and social 
betterment for their people and believe that it is best achieved 
through peaceful change, both domestically and externally. If that were 
the whole story, however, it would not have taken us six decades to get 
to the moment we are now.
  For much of the last 60 years, the political structures were trumped 
by geopolitical ones. Democracy in democratic India was often closer to 
the Soviet Union, while the United States often favored India's rival 
Pakistan, particularly during the most undemocratic phase of Pakistan's 
national history. That alignment was an anomaly of the cold war. Today 
the United States and Pakistan are important allies in the war on 
terror and, at the same time, today the national interests of the 
United States and India are in concert, perhaps more than any time in 
the past. India and the United States are both status quo powers, at 
least regarding territory. Neither of us has any claim on any 
neighboring piece of real estate. We face similar challenges from 
extremists and terrorists; in some cases, from the same terrorist 
groups and same individuals. We share a common desire for stability and 
the spread of liberal democracy throughout Asia and, indeed, throughout 
the world. And we share a concern about the world's need for energy, 
especially energy that does not increase the speed and risk of global 
warming.
  The need for new energy supplies is an important underpinning of the 
issues before us today, legislation opening the way for civil nuclear 
cooperation between the United States and India. In time, I hope 
India's burgeoning energy needs will prove a spur to a wide variety of 
alternatives to fossil fuels, including solar, wind, and biofuel. On 
many of these, India has already begun to move, but at present, nuclear 
power is a vital part of India's energy equation. It is likely to grow 
in significance in the years to come. Experts note correctly that 
nuclear power will still provide only a small portion of India's energy 
consumption even when this passes. But at the margin, the contribution 
of nuclear power will be greater, and India's leaders across the 
political spectrum see nuclear power as an important and necessary 
contributor to their country's economic progress.
  The Agreement on Nuclear Cooperation negotiated by President Bush and 
Prime Minister Singh in July of 2005 cannot be implemented unless 
Congress approves changes in U.S. law. So we in the Senate must now 
address both the opportunities and the nonproliferation issues raised 
by that agreement. The administration proposed that we treat the United 
States-India Nuclear Cooperation Agreement as if it met all the 
requirements of section 123 of the Atomic Energy Act. In fact, it does 
not. There is no way, of course, that India, with a nuclear weapons 
program that is outside the Nuclear Non-Proliferation Treaty, could 
meet these requirements. I compliment my chairman for making it clear 
to the administration that was a nonstarter.
  Were Congress to accept the administration's proposal, it would lose 
any real ability to influence a nuclear agreement with India. The 
agreement would be sent to Congress, but we would have to enact a 
motion to disapprove over a likely Presidential veto within 90 days in 
order to stop any agreement from entering into effect. That would be a 
gigantic usurpation of our responsibility. The Foreign Relations 
Committee, under the leadership of the chairman, rejected this 
approach, as did the House of Representatives.
  The bill before us today would require, instead, an affirmative vote 
of Congress before a United States-India Nuclear Cooperation Agreement 
can enter into effect. Section 3709 provides expedited procedures for 
the resolution to approve such a United States-India agreement. That 
resolution would not contain any conditions, and it could not be 
amended. But if Congress found the Nuclear Cooperation Agreement 
wanting in some respect, it could either reject the expedited 
resolution or approval or pass a different resolution that did contain 
conditions. That is what Congress did with the United States-China 
Nuclear Cooperation Agreement in 1985. So this bill protects 
congressional powers not for the sake of protecting congressional 
powers, as if we were interested in turf; it protects the balance of 
power, the separation of power, which is essential in the formulation 
of a policy, including foreign policy. At the same time, it offers 
procedures that will expedite approval of a good agreement.
  Section 3907 also allows the President to waive section 128 of the 
Atomic Energy Act, which provides for annual submission of one export 
license to Congress. That provision has never been used and would be of 
little benefit to Congress, as a sale could be blocked only if a 
resolution of disapproval were enacted, again, over the likelihood of a 
Presidential veto.
  The administration argued that section 128, while giving Congress 
little real power, would harm U.S. industry by creating an annual event 
that would frighten both the customer and the investor from proceeding. 
We agreed, and

[[Page 22129]]

this bill includes a section 128 waiver provision that the 
administration requested. Chairman Lugar and I yield to nobody in our 
commitment to nonproliferation, and no one has a stronger record on 
this than Senator Lugar. We believe we have presented to this body a 
bill that allows civil nuclear cooperation with India to proceed and 
ends India's nuclear isolation, but it does so without seriously 
jeopardizing the hard-won nonproliferation gains of nearly the last 
four decades.
  Specifically, our aims have been as follows:
  To preserve the right of Congress to conduct a meaningful review of 
the peaceful nuclear cooperation agreement that India and the United 
States are negotiating; secondly, to ensure that such nuclear 
cooperation is used exclusively in India's civil nuclear program and 
that India continues to be a ``good citizen'' when it comes to 
nonproliferation, as it has been; to preserve the role and procedures 
of the Nuclear Suppliers Group and of the International Atomic Energy 
Agency; and to do all this without requiring any renegotiation of the 
United States-India treaty deal.
  Look, every time we have a treaty presented to us in the Senate, 
there are those of us, including my friend from North Dakota who is on 
the Senate floor, who believe we can probably do it better. We believe 
we could have gotten a better deal. We believe we could have gotten a 
treaty that was even better than the one that exists. But the old 
expression is that we cannot let the perfect be the enemy of the good.
  It wasn't really very easy to do what we set out to do, but I truly 
believe we have succeeded in the points I have just made. There is a 
reason this bill was reported out of committee with a 16-to-2 margin; 
we did really try to address the major nonproliferation concerns 
legitimately raised by colleagues in the committee.
  The Foreign Relations Committee did not endorse, for example, the 
administration's request for broad waiver authority regarding section 
129 of the Atomic Energy Act. That section terminates nuclear exports 
to a country under certain circumstances. The administration did not 
want that in place.
  The committee agreed that the President needs the right to waive 
those portions of section 129 which would end exports because India has 
a nuclear weapons program or because it has tested nuclear devices in 
the past. But section 3709 doesn't grant a waiver authority regarding 
those portions of section 129 which would end nuclear exports if India 
were to, 1, test a nuclear device in the future; 2, terminate or 
materially violate the IAEA safeguard; 3, materially violate its 
agreement with the United States, or engage in nuclear proliferation.
  Look, if India does any of those things, then the premise upon which 
we have dealt with a good friend and neighbor was falsely relied upon. 
I believe India understands the consequence of this bilateral 
relationship as profoundly as we do. If I am wrong about that and India 
were to do any or all of the four things I just named, it would clearly 
violate the spirit of this agreement, part of which, as all agreements 
ultimately are, is based on some sense of comity and trust.
  This bill requires that India sign a safeguards agreement with the 
IAEA and negotiate an additional protocol as well. It requires the 
President to certify, moreover, that the safeguards agreement is ``in 
accordance with IAEA standards, principles, and practices.'' The 
President must certify to that effect.
  We understand that India, having nuclear weapons, will not accept 
full-scope safeguards. But the language in this bill makes clear our 
expectation that the safeguards agreement India works out with the IAEA 
will guard effectively against diversion of foreign nuclear material 
and technology to India's military program.
  Section 3709 also requires the President to certify that the Nuclear 
Suppliers Group has decided to permit civil nuclear commerce with India 
and that the NSG, Nuclear Suppliers Group, decision was made by 
consensus. We do not want to damage the Nuclear Suppliers Group, which 
has been a vital institution in our fight against nuclear 
proliferation. So this bill protects the Nuclear Suppliers Group's role 
in governing peaceful nuclear commerce.
  The administration has said repeatedly that this is an India nuclear 
deal, not intended to permit nuclear commerce with Pakistan or Israel--
the only other states that never signed the NPT. The committee's bill 
incorporates that distinction by requiring the President to certify 
that the NSG--Nuclear Suppliers Group--decision does not permit nuclear 
commerce with any other state that does not accept full-scope 
safeguards.
  The NSG is not likely to single out India as an exception to its 
guidelines. Rather, it will create tests that a non-NPT state must meet 
before nuclear commerce with the country may take place. The committee 
believes that such a test should be substantial, so that the countries 
outside the NPT are not all given the same benefits as the nonnuclear 
weapon states inside the treaty. Thus, the bill before us today is 
designed to maintain important nonproliferation policies that have 
served our country well.
  With regard to sections 106 and 107, two sections of this bill, they 
have been cited by some Indian officials as causing concern. I will 
address these sections, as I do not believe such concern is merited.
  Section 106 in the agreement bars the executive branch from exporting 
to India ``any equipment, materials, or technology related to the 
enrichment of uranium, the reprocessing of spent nuclear fuel, or the 
production of heavy water.'' That is because these technologies are all 
used to produce fissile material for nuclear weapons. In fact, the 
administration already has a worldwide policy of not exporting these 
technologies. Section 106 merely makes that a legal requirement in this 
case.
  Because section 106 makes this a legal requirement, we also added two 
exemptions. One would be for a program such as the Global Nuclear 
Energy Partnership, which is to develop a new generation of 
proliferation-resistant nuclear facilities. In other words, the second 
exemption would be for a facility in an IAEA-approved program to 
provide alternatives to national fuel cycle capability. For example, 
there might some day be a South Asian regional uranium enrichment 
facility under IAEA auspices.
  Some Indian officials are reportedly upset because section 106 
singles out India. But they have long known that it is U.S. policy not 
to sell them these technologies, so this is a matter more of pride than 
of substance, which I hope they deal with. I would not object to making 
section 106 apply worldwide, but we believed this was too large a step 
to take in this bill. I would think it should apply worldwide.
  Section 107 requires a program to maintain accountability with 
respect to nuclear materials, equipment, and technology that we sell, 
lease, export, or reexport to India. This program would include end-use 
monitoring conditions, as appropriate. A similar program exists for 
U.S. nuclear exports to China. Such a monitoring program would enhance 
confidence in India's separation of its civilian and military nuclear 
programs. It would also further ensure U.S. compliance with article I 
of the nonproliferation treaty.
  Indian officials are reportedly upset that American personnel might 
need to visit India's nuclear sites. It should come as no surprise, 
however, that we need to ensure that U.S. nuclear materials, equipment, 
and technology are not diverted to military uses.
  The purpose of section 107 is not to impose new conditions upon India 
but, rather, to make sure the executive branch doesn't forget its 
obligation to guard against diversion. That obligation is already U.S. 
policy. It also flows from article I of the nonproliferation treaty, 
which requires nuclear weapon states not to assist nonnuclear weapon 
states ``in any way'' to manufacture nuclear weapons. And India remains 
a nonnuclear weapons state under both the NPT and U.S. law, despite the 
fact that now it does have nuclear weapons.
  I hope that in conference we can adjust the wording of section 107 to 
correct any potential misunderstanding of

[[Page 22130]]

its effect, which is not intended to be onerous. I also hope that 
Indian officials will understand the U.S. need to embark upon nuclear 
commerce with India in a manner that maintains our nonproliferation 
policies and fulfills our international obligation. I believe the bill 
reported out by the Foreign Relations Committee does that in a most 
reasonable manner and that it will provide a strong foundation for a 
new beginning in United States-Indian relations.
  The United States-Indian agreement is much more than just a nuclear 
deal, though, Mr. President. I believe historians will see this as a 
historic step, part of the dramatic and positive departure in United 
States-Indian relationship that was begun by President Clinton.
  President Bush is to be commended for continuing and accelerating the 
journey President Clinton started in our relations with India.
  If I were asked to name the pillars for security in the 21st century, 
India and the United States would be two of them. India and the United 
States, working in cooperation toward the same goal, can provide the 
beginning of a strong foundation for a stable world. And for the United 
States, no relationship, in my view, is more important than the United 
States-India relationship maturing along the lines that have begun.
  The ultimate success of this agreement will rest on India's 
willingness and ability to reduce tensions with its nuclear neighbors 
and achieve nuclear stability. We all hope to see the day when India 
and Pakistan voluntarily reduce or end their fissile material 
production, as the recognized NPT nuclear weapons states already have 
done.
  I hope especially that India will not use its peaceful nuclear 
commerce to free up domestic uranium for increased production of 
nuclear weapons. The United States-India deal doesn't bar India from 
doing that. But such a nuclear buildup--unless carried out in response 
to a direct threat from its nuclear-armed neighbors--would be a gross 
abuse of the world's trust, in my view. It would sour relations between 
India and the United States, just at a time when both countries hope to 
build upon a new foundation that has been laid in the past decade and 
which I respectfully suggest is in the overwhelming self-interest of 
both countries.
  India and the world will also benefit if India embraces these 
critical nonproliferation standards. These include the Proliferation 
Security Initiative; the guidelines and policies of the Australia 
Group, which, I add, controls exports that could help countries build 
chemical or biological weapons; and the guidelines and policies of the 
Wassenaar Arrangement, which combats the spread of advanced 
conventional weapons.
  India is a major world power. India needs to--and will, I believe--
step up to this awesome responsibility. As an important world power, it 
is important that support for the complete nonproliferation regime 
would make a gigantic difference in the world. Currently, however, 
India doesn't stop its companies from exporting dual-use chemicals and 
equipment to countries such as Iran because those exports are not 
banned by the Chemical Weapons Convention.
  Other leading countries have concluded that unrestrained exports of 
items that could be used to produce chemical or biological weapons and 
advanced conventional weapons are a real danger to world stability. It 
is my fervent hope and prayer that India reaches that conclusion as 
well. It is time for them to adopt, in my opinion, the same approach to 
the dangers posed by such proliferation.
  India will not attain the respect and status it seeks and deserves in 
the world unless it takes a willing and active role in preventing 
proliferation of all kinds. The nuclear deal we are considering today 
is a sign, however, of the world's desire to bring India into the fold. 
I hope India will use this deal as a departure point from which it will 
branch out to embrace all international nonproliferation activities. It 
will surely be welcomed if it does.
  In my view, the bill before us is a victory for United States-India 
relationships. It is a victory for the quest to move beyond fossil 
fuels. And it is a victory we have achieved while doing our best to 
maintain the global effort to end proliferation.
  I believe, not guaranteed by this agreement, it will be also a point 
of departure for India to rethink its role in the world with regard to 
proliferation of all kinds. I sincerely hope it does.
  I end where I began. I think United States-India relations is two of 
the pillars upon which we have a chance--we have a chance, a real 
chance--to build a 21st century that is much more stable than the 20th 
century and to avoid the carnage of the 20th century. It cannot be done 
without India's cooperation, and it can be done with India's 
leadership.
  I thank my colleagues for listening. I understand my friend from 
North Dakota may have an amendment or may wish to seek the floor.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Mr. President, I wish I were on the Senate floor today 
able to be supportive of the chairman and ranking member of the 
committee. They have both given persuasive and eloquent statements 
about the matter.
  I come to the floor of the Senate with a different view. I come here 
very disappointed because I think we are beginning down a very 
troublesome road for this country. I want to talk a little about what 
all this means.
  I know the issue is not an issue that rates at the top of the 
attention of the American people at the moment, this Government, or the 
press corps. This is an issue about whether there will be more nuclear 
weapons built in a world in which there are already too many nuclear 
weapons. This is an issue in which we are going to discuss the issue of 
nonproliferation, stopping the spread of nuclear weapons at a time when 
we have terrorism in this world that we worry could result in a 
terrorist organization acquiring a nuclear weapon and detonating a 
nuclear weapon in a major American city.
  Mr. President, I ask unanimous consent to show a couple of items on 
the floor of the Senate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DORGAN. Mr. President, my colleague, Senator Lugar, is someone 
who has been a real leader with Senator Nunn on the Nunn-Lugar program, 
which I have been proud to support. It has been a program that has 
actually reduced the number of nuclear weapons and reduced the delivery 
systems for nuclear weapons. It is what we aspire to do. It is what our 
country should lead the world in doing, and that is to step away from 
the proliferation of nuclear weapons and the building of new nuclear 
weapons.
  This is a piece of a wing strut from a Backfire bomber. This used to 
be flying in the air, part of a wing strut from a Soviet Backfire 
bomber that likely carried nuclear weapons that threatened our country. 
We didn't shoot this plane down. This wing strut was sawed off. The 
wing was destroyed. The plane was destroyed. It was dismantled.
  How did that happen? We actually paid for it. My colleagues, Senator 
Nunn and Senator Lugar, proposed legislation that allowed us to, with 
the Russians, actually begin to destroy and reduce delivery systems and 
nuclear weapons. So this bomber that carried a nuclear weapon, 
presumably to threaten this country, doesn't exist anymore. A piece of 
its wing is in my desk drawer in the United States Senate.
  This is a vile of ground-up copper. This used to be part of a Soviet 
submarine, that prowled under the water with missiles and warheads 
presumably aimed at U.S. cities. Yes, this used to be a Soviet 
submarine carrying weapons of mass destruction threatening our country.
  This was a hinge on a missile silo in the Ukraine, and that missile 
silo contained a missile. That missile contained nuclear warheads, 
presumably aimed at a U.S. military target or a U.S. city. This hinge, 
of course, is in my desk today, not in a field in the Ukraine. Where 
that missile used to sit, there is no missile. There is no missile 
silo. There are now sunflowers planted in that field in the Ukraine.

[[Page 22131]]

  The Ukraine, Kazakhstan and Belarus--all three countries--had several 
thousand nuclear weapons and are now free of all nuclear weapons.
  How did all that happen? Was it by accident? No, no, it wasn't. This 
country embarked on a set of policies and proposals that resulted in 
the reduction of delivery systems and nuclear weapons.
  Have we been enormously successful? I have described some successes, 
but we have, oh, probably 25,000 to 30,000 nuclear weapons remaining on 
this Earth. Far too many--25,000 to 30,000 nuclear weapons. We have 
much to do to step away from the abyss of having a terrorist 
organization or rogue nation acquire nuclear weapons and threaten our 
country or threaten the world.
  We have all experienced 9/11/2001 where several thousand innocent 
Americans were murdered. That was an unbelievable terrorist attack on 
our country. It could happen again with a nuclear weapon. We are going 
to spend $9 billion or $10 billion this year building an antiballistic 
missile defense system to create some sort of an electronic catcher's 
mitt to catch an intercontinental ballistic missile someone might aim 
at our country armed with a nuclear warhead.
  That is one of the least likely threats our country faces. We are 
going to spend close to $10 billion for a threat that is one of the 
least likely threats we face.
  The most likely threat, perhaps, instead of an intercontinental 
ballistic missile coming in at 18,000 miles an hour aimed at an 
American city, is a container ship pulling up to a dock in a major 
American city at 3 miles an hour with a container that contains a 
weapon of mass destruction onboard, to be detonated in the middle of an 
American city.
  Let me read for the Record, as I start--and I want to then talk about 
this specific agreement--I want to read an excerpt from Graham 
Allison's book. He is at Harvard. He wrote a book called ``Nuclear 
Terrorism: The Ultimate Preventable Catastrophe.''
  I talk about 9/11/2001, several thousand Americans murdered by 
terrorists. The detonation of a nuclear weapon in an American city by a 
terrorist group will not mean several thousand Americans being 
murdered; it could likely mean several hundred thousand Americans being 
murdered, or more.
  Let me read to you from Graham Allison's book. I am quoting:

       On October 11, 2001, a month to the day after the terrorist 
     assault on the World Trade Center and the Pentagon, President 
     George W. Bush faced an even more terrifying prospect. At 
     that morning's Presidential Daily Intelligence Briefing, 
     George Tenet, the director of central intelligence, informed 
     the president that a CIA agent code-named Dragonfire had 
     reported that Al Qaeda terrorists possessed a ten-kiloton 
     nuclear bomb, evidently stolen from the Russian arsenal. 
     According to Dragonfire, this nuclear weapon was now on 
     American soil, in New York City.
       The CIA had no independent confirmation of this report, but 
     neither did it have any basis on which to dismiss it. Did 
     Russia's arsenal include a large number of ten-kiloton 
     weapons? Yes. Could the Russian government account for all 
     the nuclear weapons the Soviet Union had built during the 
     Cold War? No. Could Al Qaeda have acquired one or more of 
     these weapons? Yes. Could it have smuggled a nuclear weapon 
     through American border controls in New York City without 
     anyone's knowledge? Yes. . . .
       In the hours that followed, national security adviser 
     Condoleezza Rice analyzed what strategists call the ``problem 
     from hell.'' Unlike the Cold War, when the United States and 
     the Soviet Union knew that an attack against the other would 
     illicit a retaliatory strike of greater measure, Al Qaeda--
     with no return address--had no such fear of reprisal. Even if 
     the president were prepared to negotiate, Al Qaeda had no 
     phone number to call.
       Clearly, no decision could be taken without much more 
     information about the threat and those behind it. But how 
     could Rice engage a wider circle of experts and analysts 
     without the White House's suspicions leaking to the press? A 
     CNN flash that the White House had information about an Al 
     Qaeda nuclear weapon in Manhattan would create chaos. New 
     Yorkers would flee the city in terror, and residents of other 
     metropolitan areas would panic.

  I continue to quote:

       Concerned that Al Qaeda could have smuggled a nuclear 
     weapon into Washington as well, the president ordered Vice 
     President Dick Cheney to leave the capital for an 
     ``undisclosed location,'' where he would remain for many 
     weeks to follow. That was standard procedure to ensure 
     ``continuity of government''. . . . Several hundred federal 
     employees from more than a dozen government agencies joined 
     the vice president at this secret site. . . . The president 
     also immediately dispatched NEST specialists (Nuclear 
     Emergency Support Teams of scientists and engineers) to New 
     York City to search for the weapon. But no one in the city 
     was informed of the threat, not even Mayor Rudolph Giuliani.
       As the CIA's analysts examined Dragonfire's report and 
     compared it with other bits of information, they noted that 
     the attack on the World Trade Center in September had set the 
     bar higher for future terrorist spectaculars.

  I won't read to the end. I ask unanimous consent that this document 
be printed in the Record at the end of my statement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. DORGAN. At the end of this process, they finally determined after 
about a month that this was not a credible threat. Dragonfire's report 
turned out not to be credible.
  But at the time they took the report very seriously. They analyzed it 
this way: Was it possible that a Russian 10-kiloton nuclear weapon 
could have been stolen? Yes, it was possible. Is it possible a 
terrorist group could have acquired it? Yes. Is it possible it could 
have been smuggled into New York City? The answer was yes. And, if so, 
was it possible a terrorist group could detonate a nuclear weapon in a 
major American city? The answer was yes.
  This is not fiction. I am reading an excerpt of a book of something 
that happened in October of 2001.
  My greatest fear is that we do not yet understand the difference 
between what was and what is. What was, was a standoff called the cold 
war in which two major nuclear superpowers aimed massive numbers of 
nuclear warheads at each other, but understanding, under the concept of 
mutually assured destruction, called MAD, that if either attacked the 
other, the other would be literally vaporized by an avalanche of 
nuclear weapons. The result was that there was a standoff, a mutually 
assured destruction standoff, and although both sides in that Cold 
War--the United States and the Soviet Union--possessed the most 
unbelievably powerful killing machines known to humankind, they were 
not used. Neither side ever used them.
  Fast-forward to today. The Cold War is over. President Bush, in fact, 
visited with the President Putin yesterday, in Russia. Times have 
changed, but this world still has somewhere between 25,000 and 30,000 
nuclear weapons, the loss of one of which could be cataclysmic for this 
world. The detonation of one nuclear weapon in a major city will change 
everything--everything--and be a catastrophe unlike any we have 
previously known.
  If we have 25,000 or 30,000 nuclear weapons on this Earth, what is 
the responsibility of this great country? What is our responsibility? 
What burden falls on our shoulders? I submit it is the burden to 
provide world leadership to stop the spread of nuclear weapons and to 
reduce the threat of nuclear weapons and to reduce the stockpile of 
nuclear weapons. That is our responsibility. That responsibility falls 
on us.
  How do we do that? Listen, our country has provided leadership in a 
nonproliferation treaty, the Nuclear Non-Proliferation Treaty, the test 
ban treaty. Our country has been moving always, telling the rest of the 
world we aspire to stop the spread of nuclear weapons. Now we live in 
this age of terrorism where we see people who are perfectly content to 
kill themselves. They don't care. As long as they can take a weapon 
with them and kill themselves and many others with them, it doesn't 
matter to them. They are reaching for some higher glory, apparently.
  In this age of terrorism, everything about nuclear weapons has 
changed. The loss of one nuclear weapon, the loss of one anywhere on 
this globe to a terrorist organization is going to be devastating.
  So if that is the case, what does it have to do with what we are 
talking about today? We are now talking today about a country called 
India. India is

[[Page 22132]]

quite a remarkable place--a wonderful country with wonderful people. It 
is a big country. It is trying to build an economy. You can read some 
books about what is going on in India and the discussions about 
progress--it is quite a remarkable place. Our country aspires to have a 
better relationship with India. I support that. I believe we ought to 
reach out to India and improve our relationship, cement our 
relationship.
  I know there are some who see all of the geopolitical relationships 
on this Earth as aligning one way or the other. We align with this 
country to be a counterweight against this set of interests, and it is 
kind of akin to teams. So I confess to you, I come here today not 
perhaps understanding all of the sophisticated elements of 
counterweights and the nuances of why someone believes it is essential, 
at this point, to allow India to produce additional nuclear weapons in 
order to create some sort of counterweight to China, but I want to talk 
about this issue. I was unbelievably surprised to read in the newspaper 
of the travels of Ambassador Burns, someone for whom I have high 
regard, and of the interest of Secretary of State Condoleezza Rice in 
going to India and reaching a deal without consulting Congress that I 
think begins to unravel, and undermine several decades of efforts in 
our country to tell the world: It is our responsibility and our major 
goal to stop the spread of nuclear weapons and try to reduce the number 
of nuclear weapons and reduce the nuclear threat.
  We would not be in this position today with this bill with India if 
India had followed the example, for example, of South Africa. They 
secretly had nuclear weapons by the 1980s. But South Africa dismantled 
them prior to the transfer of power to the postapartheid government. 
Ukraine, Kazakhstan, and Belarus had more than 4,000 nuclear weapons in 
those three countries when the Soviet Union was dissolved which they 
gave up in the years following. And I must say that my colleague 
Senator Lugar and others had significant successes in working with 
those three countries to accomplish that. So Ukraine, Kazakhstan, and 
Belarus are all now free of nuclear weapons.
  Any nuclear deal--any relationship we have with another country that 
deals with nuclear power and nuclear issues should be judged, in my 
opinion, on whether it reduces the number of nuclear weapons. Does it 
reduce the nuclear weapons that exist or increase them? It is quite 
clear that what we are debating will result in an increase in nuclear 
weapons in India. I don't think there is much doubt about that. This 
bill fails that test, in my judgment.
  Experts have warned that there is enough weapons-usable fissile 
material in the world to make about 130,000 nuclear weapons. A working 
nuclear bomb, we are told, can be made with as little as 35 pounds of 
uranium-235 or 9 pounds of plutonium-239. And the acquisition of a 
nuclear weapon by a terrorist is, in my judgment, the greatest threat 
that exists in our country.
  Retired GEN Eugene Habiger, who commanded America's nuclear forces, 
said that nuclear terrorism ``is not a matter of if, it is a matter of 
when.''
  Henry Kissinger wrote in the Washington Post recently:

       The world is faced with the nightmarish prospect that 
     nuclear weapons will become a standard part of national 
     armament and wind up in terrorists' hands.

  Former Senator Sam Nunn wrote in the Wall Street Journal:

       We know that terrorists are seeking nuclear materials--
     enriched uranium or plutonium--to build nuclear weapons. We 
     know that if they get that nuclear material, they can build a 
     nuclear weapon. We believe that if they build such a weapon, 
     they will use it. We know terrorists are not likely to be 
     deterred, and that the more this nuclear material is 
     available, the higher the risks.

  Osama bin Laden has been seeking nuclear components since the 1990s. 
In 1998, Osama bin Laden issued a statement entitled ``The Nuclear Bomb 
of Islam,'' declaring:

       It is the duty of Muslims to prepare as much force as 
     possible to terrorize the enemies of God.

  And Osama bin Laden's spokesman announced that the group aspires ``to 
kill 4 million Americans, including 1 million children,'' in response 
to casualties supposedly inflicted on Muslims by the United States and 
Israel.
  The more countries there are with nuclear weapons and weapons-grade 
nuclear material and the more weapons each of them has, the greater the 
threat that one will be used by a rogue nation or will fall into the 
hands of terrorist groups.
  Now, frankly, we have not been very aggressive as a country in recent 
years in stopping proliferation. Instead of talking about how we would 
reduce the number of nuclear weapons, we were on the floor of the 
Senate, during previous debates, talking about the fact that we need 
new nuclear weapons. Our country has said we need designer nuclear 
weapons; we need bunker-buster nuclear weapons. We have people openly 
speaking about the desire in this country to build additional nuclear 
weapons.
  We attacked Iraq because we believed it possessed and was seeking 
nuclear weapons and weapons of mass destruction. We are spending $10 
billion a year, as I said, on missile defense for fear that North Korea 
already has nuclear weapons. And we are talking about serious issues 
with Iran in order to try to stop its nuclear program. And the No. 1 
nightmare is that a terrorist group may acquire a nuclear weapon. No 
one in my judgment can credibly say that a world that has more nuclear 
weapons is a safer world. It is just not.
  Nowhere in the world is the threat of nuclear terrorism more imminent 
than in South Asia. It is the home to al-Qaida which seeks nuclear 
weapons. It is an area where relations among regional nuclear powers 
are always tense: China, India, and Pakistan. India and China fought a 
border war in 1962. India and Pakistan fought three major wars, had 
numerous smaller scale conflicts since the partition of British India 
in 1947. Both India and Pakistan detonated nuclear weapons in 1998 and 
declared themselves as nuclear powers. And after that, all of us in the 
world held our breath as they began fighting a limited war in Kashmir.
  Now, it has traditionally been the case that the United States has 
led the international community in efforts to deny India, Pakistan, and 
other nonnuclear States access to nuclear technology. That has been our 
traditional role. We have always been the one who said: No, no, no. We 
can't do that. We need to limit the capability of nations that will not 
sign up to nonproliferation.
  We pushed for the nonproliferation treaty, which prohibits nuclear 
assistance to these so-called nonnuclear States, unless they agree to 
put all of their nuclear facilities under international safeguards and 
to give up the option of developing a nuclear weapon. That has been our 
position. It has always been our position.
  Article I of the nonproliferation treaty obligates the recognized 
nuclear weapons States, including the United States, to:

       Not in any way assist, encourage, or induce any non-nuclear 
     weapons State to manufacture or otherwise acquire nuclear 
     weapons or other nuclear explosive devices.

  That is Article I of the nonproliferation treaty. We signed it. We 
helped write it. We supported it. It is what we believe in.
  The United States helped form the Nuclear Suppliers Group in 1975 to 
help prevent the misuse of peaceful nuclear technology. In 1978, we 
passed the Nuclear Non-Proliferation Act, which restricts nuclear 
commerce with States that don't agree to the full scope of the 
safeguards. We pushed for U.N. Security Council Resolution 1172 which 
condemned India's and Pakistan's 1998 nuclear tests and called upon 
them to cease their nuclear weapons programs and join the 
nonproliferation treaty as nonnuclear weapons states. We did that.
  In 1998, President Clinton imposed sanctions on both India and 
Pakistan, under section 102 of the Arms Control Act, which requires 
sanctions on any non-nuclear weapons state that has detonated nuclear 
devices.
  Now, these policies did not stop India's and Pakistan's nuclear 
weapons programs, but they did restrain them and they hindered them. In 
fact, that is precisely why we are here with respect to India.

[[Page 22133]]

  The Bush Administration has taken a different tact now. Their 
proposal is to provide ``full'' assistance to India's civilian nuclear 
program, while India keeps its nuclear weapons, which represents a 
complete abandonment of our traditional approach to nonproliferation.
  I don't think you can come to the floor and argue that this is part 
of an approach we have always taken. This is a U-turn. This is a 180-
degree change from the approach we have always had. The Bush 
Administration formed an agreement that allows New Delhi to 
dramatically expand its stockpile of nuclear weapons and could ignite a 
regional arms race. That is what we have here. They can have reactors 
behind the curtain that will not be subject to inspection by anybody. 
That is part of the deal. It will undermine 30 years of 
nonproliferation efforts at the very time when we are engaged in these 
issues with North Korea and Iran.
  It is a major, it seems to me, exception to the prohibition of 
nuclear assistance to any country that doesn't accept international 
monitoring of all of its nuclear facilities. This is a major exception 
to that. And it also is one that gives legitimacy to a nuclear arsenal 
that India secretly developed, and it is not going to help us in any 
way. It will hinder us in convincing others to give up their nuclear 
weapons.
  Now, India never signed the nonproliferation treaty. Because of that, 
Pakistan never signed the treaty. In the 1960s, India used both 
American technology and also Canadian technology and the nuclear fuel 
provided under what was called the Atoms For Peace Program to secretly 
build nuclear weapons. By doing so, New Delhi broke an explicit pledge 
to both the United States and to Canada about the use of technology and 
nuclear fuel only for peaceful purposes. In 1974, India conducted its 
first nuclear weapons test. It denied that it had done so. It said it 
was a peaceful nuclear test.
  In May, 1998, they conducted a series of nuclear tests and declared 
themselves as a nuclear weapons state. In response, Pakistan did 
exactly the same thing and declared themselves as a nuclear state.
  Because India has a shortage of domestic uranium, the application of 
the U.S. and international laws that prevent the sale of nuclear fuel 
and other nuclear assistance to them has seriously constrained its 
nuclear power industry and nuclear weapons program. All of us 
understand that India has energy issues. It has an expanding population 
and it wishes to build additional powerplants, nuclear powerplants, but 
it also wishes to build additional nuclear weapons. India's power 
reactors, we are now told, are operating at less than capacity due to 
fuel shortages and their utilization rates are expected to decrease 
even further. Very little uranium is leftover from its domestic 
supplies for India to turn to nuclear weapons. So in the past year--
couple of years--New Delhi has stepped up efforts to get our assistance 
in obtaining nuclear fuel and reactor components so it can increase its 
nuclear power. But the fact is, it will also increase its nuclear 
weapons programs.
  Here is what the deal that is now brought to the floor of the Senate 
does: My understanding is that it obligates the United States to 
persuade the members of the Nuclear Suppliers Group to change their 
rules which bar sales to India. It allows India to buy sensitive 
nuclear technologies, now forbidden under the nonproliferation treaty. 
It includes nuclear fuel, nuclear reactors, and advanced technology. 
This agreement would open the door to India's cooperation with France, 
Japan, and others who want to do business with India and who now have 
not been doing business with India because of the NPT. In return, in 
this agreement, India has agreed to allow the IAEA inspections and 
safeguards at 14 of their 22 planned nuclear power reactors. But eight 
of their nuclear power reactors will be placed behind a curtain. No one 
will be able to inspect them. That is where they will be able to 
continue increasing the production of nuclear weapons, and it is not--
you wonder, do they want to produce additional nuclear weapons? Let me 
quote directly from a senior adviser to India's nuclear program, 
December 2005, an article in The Times of India. Dr. Subrahmanyam says:

       Given India's uranium ore crunch and the need to build up 
     our minimum credible nuclear arsenal as fast as possible, it 
     is to India's advantage to categorize as many power reactors 
     as possible as civilian ones to be refueled by imported 
     uranium and conserve our native uranium fuel for weapons-
     grade plutonium production.

  This is clear:

       Given India's . . . crunch and the need to build up our 
     minimum credible nuclear deterrent arsenal. . . .

  That is what this is about in India.
  We have those who support this, who say it is not perfect, but it is 
not bad. I don't know whether the contention on the Senate floor is 
going to be that this will not result in additional warheads. But I am 
clear, and I think everybody should be clear, it will. India will 
produce additional nuclear weapons. We believe, if that makes the world 
safer, I guess that is what one can argue. I do not believe that at 
all. I think the addition of nuclear weapons to the stockpile that 
exists in this world is a serious danger to the world.
  Pakistan has already said: If you are going to give this deal to 
India, how about giving this deal to us? We might want to look at what 
we are doing. The administration just proposed, by the way, a big arms 
package for Pakistan: 36 Lockheed F-16C/D fighter planes, 500 JDAM 
satellite-guided bomb kits, 700 bunker buster bombs, 1,600 laser-guided 
bombs, 800 conventional bombs, 500 AMRAAM air-to-air missiles, 200 
Sidewinder air-to-air missiles, 130 Harpoon antiship missiles, 115 
self-propelled howitzers.
  That is an arms package to Pakistan. But Pakistan would say: We have 
nuclear weapons. We exploded them. We showed you we have nuclear 
weapons. You are going to give this deal to build more nuclear weapons 
to India. We want that deal for Pakistan. We want to build more nuclear 
weapons.
  What will China say? What will China say when they see this agreement 
and decide that India is increasing its stockpile? China will say: We 
want to increase the stockpile of nuclear weapons.
  India is in the process of becoming a full-fledged nuclear power with 
a triad, an emerging triad. Aircraft? They have a number of types of 
aircraft used to deliver a nuclear weapon, or that could be so used, 
and land-based missiles and naval weapons.
  I do not allege that India is a country that is an aggressor. That is 
not my point. I think our relationship with India is important. I 
believe we ought to connect with India. We ought to reach out to India. 
We ought to have an improved relationship with India. I don't know, 
maybe it is advantageous to have India as a counterweight in the region 
to China.
  But, look, do any of us really believe that an agreement that pulls 
the rug out from under decades of positions we have held in this 
country on nonproliferation that results in the building of additional 
nuclear weapons advances our interests? Advances the world's interests? 
Of course not.
  It falls on our shoulders as the nuclear power in the world. It is 
our responsibility to stop the spread of nuclear weapons. Will our 
children or our grandchildren someday see a nuclear weapon detonated in 
a major American city? Will we see that? We didn't see it during the 
Cold War because we had mutually agreed destruction; that is, both 
countries, us and the Soviet Union, understood if one launched a 
missile or airplane containing a nuclear weapon to be detonated in our 
country, we would launch sufficient nuclear weapons to completely 
destroy their country and their society. Both sides understood that. 
Both sides understood we have arsenals that would destroy each other 
and neither side did. Neither side was an aggressor.
  In an age of terrorism, all of that has changed. In an age of 
terrorism, if we do not embrace policies that stop the production of 
additional nuclear weapons, we have missed an enormous opportunity to 
prevent the detonation of a nuclear weapon in one of our cities. This 
agreement simply does not stop the spread of nuclear weapons. It

[[Page 22134]]

doesn't prevent the production of additional nuclear weapons. This 
undermines that which we have described as our goal in the United 
Nations. It undermines that which we have for decades described as 
being our goal as a leader in nonproliferation. It provides the green 
light for India to produce additional nuclear weapons.
  With all the sophisticated arguments in favor of this agreement, I 
fail to see how undermining decades of effort at nonproliferation and 
now providing a green light to India to produce new nuclear weapons, 
additional nuclear weapons, makes this a safer world. Quite the 
contrary. I think it is dangerous. I think this agreement is a horrible 
mistake. I think all of the sophisticated calculations mean very little 
when we have decided to send signals to the world that we do not oppose 
producing additional nuclear weapons; that we support that.
  We are willing to decide to undermine the nonproliferation treaty. We 
are willing to ignore United Nations resolutions all because Ambassador 
Burns and Secretary Rice and the Bush Administration said: You know 
what, we have all these calculations about weights and counterweights 
and geopolitical strategies and here is our new one. It is a new 
strategy that undermines decades of what ought to be the best virtue of 
this country, and that is providing world leadership, real world 
leadership, aggressive world leadership to stop the spread of nuclear 
weapons and prevent the building of more nuclear weapons and begin 
reducing the number of nuclear weapons that exist in this world.
  As I said when I started, I regret very much I am on the other side 
of this issue from Senator Lugar. Senator Lugar has great credibility 
on these issues because he has done a very substantial amount of good 
work. I am not quite sure how I should describe this. I was 
extraordinarily surprised when I read the first account in the 
newspaper that it was likely that this agreement was going to be 
supported by my colleague and friend. I would say the same with respect 
to Senator Biden. I have great respect for them. So I am someone who 
comes to the floor of the Senate in disagreement. That doesn't mean I 
in any way disparage their abilities or their intellectual honesty in 
pursuing strategies they believe are best for this country.
  I have very strong opposition to those who believe, however, that 
this in any way represents our best interests. I wish I could come to 
the Senate floor with a better message, but I do not. I believe one day 
we will look back on this with great regret. We have seen that in this 
decade already with some other decisions, information provided us with 
respect to Iraq and other decisions we have made. We have already, in 
my judgment, had opportunities to understand regret about policies 
undertaken that turned out to be not in this country's best interests.
  I believe if we open the floodgates with this agreement, we will 
seriously undermine this country's best interests.

                               Exhibit 1

               [From Blueprint Magazine, October 7, 2004]

                    Nuclear Terrorism--Book Excerpt

                          (By Graham Allison)

       On October 11, 2001, a month to the day after the terrorist 
     assault on the World Trade Center and the Pentagon, President 
     George W. Bush faced an even more terrifying prospect. At 
     that morning's Presidential Daily Intelligence Briefing, 
     George Tenet, the director of central intelligence, informed 
     the president that a CIA agent code-named Dragonfire had 
     reported that Al Qaeda terrorists possessed a ten-kiloton 
     nuclear bomb, evidently stolen from the Russian arsenal. 
     According to Dragonfire, this nuclear weapon was now on 
     American soil, in New York City.
       The CIA had no independent confirmation of this report, but 
     neither did it have any basis on which to dismiss it. Did 
     Russia's arsenal include a large number of ten-kiloton 
     weapons? Yes. Could the Russian government account for all 
     the nuclear weapon the Soviet Union had built during the Cold 
     War? No. Could Al Qaeda have acquired one or more of these 
     weapons? Yes. Could it have smuggled a nuclear weapon through 
     American border controls into New York City without anyone's 
     knowledge? Yes. In a moment of gallows humor, someone quipped 
     that the terrorists could have wrapped the bomb in one of the 
     bales of marijuana that are routinely smuggled into cities 
     like New York.
       In the hours that followed, national security adviser 
     Condoleezza Rice analyzed what strategists call the ``problem 
     from hell'' Unlike the Cold War, when the United States and 
     the Soviet Union knew that an attack against the other would 
     elicit a retaliatory strike for greater measure, Al Qaeda--
     with no return address--had no such fear of reprisal. Ever if 
     the president were prepared to negotiate, Al Qaeda had no 
     phone number to call.
       Clearly no decision could be taken without much more 
     information about the threat and those behind it. But how 
     could Rice engage a wider circle of experts and analysts 
     without the White House's suspicions leaking to the press? A 
     CNN flash that the White House had information about an Al 
     Qaeda nuclear weapon in Manhattan would create chaos. New 
     Yorkers would flee the city in terror, and residents of other 
     metropolitan areas would panic. The stock market, which was 
     just then stabilizing from the shock of 9/11, could collapse.
       American Hiroshima. Concerned that Al Qaeda could have 
     smuggled a nuclear weapon into Washington as well, the 
     president ordered Vice President Dick Cheney to leave the 
     capital for an ``undisclosed location,'' where he would 
     remain for many weeks to follow. This was standard procedure 
     to ensure ``continuity of government'' in case of a 
     decapitation strike against the U.S. political leadership. 
     Several hundred federal employees from more tan a dozen 
     government agencies joined the vice president at this secret 
     site, the core of an alternative government that would seek 
     to cope in the aftermath of a nuclear explosion that 
     destroyed Washington. The president also immediately 
     dispatched NEST specialists (Nuclear Emergency Support Teams 
     of scientists and engineers) to New York to search for the 
     weapon. But no one in the city was informed of the threat, 
     not even Mayor Rudolph Giuliani.
       Six months earlier the CIA's Counterterrorism Center had 
     picked up chatter in Al Qaeda channels about an ``American 
     Hiroshima,'' The CIA knew that Osama bin Laden's fascination 
     with nuclear weapons went back at least to 1992, when he 
     attempted to buy highly enriched uranium from South Africa. 
     Al Qaeda operatives were alleged to have negotiated with 
     Chechen separatists in Russia to buy a nuclear warhead, which 
     the Chechen warlord Shamil Basayev claimed to have acquired 
     from Russian arsenals. The CIA's special task force on Al 
     Qaeda had noted the terrorist group's emphasis on thorough 
     planning, intensive training, and repetition of successful 
     tactics. The task force also highlighted Al Qaeda's strong 
     preference for symbolic targets and spectacular attacks.
       Staggering the imagination. As the CIA's analysts examined 
     Dragonfire's report and compared it with other bits of 
     information, they noted that the attack on the World Trade 
     Center in September had set the bar higher for future 
     terrorist spectaculars. Psychologically, a nuclear attack 
     would stagger the world's imagination as dramatically as 
     9/11 did. Considering where Al Qaeda might detonate such a 
     bomb, they noted that New York was, in the jargon of national 
     security experts, ``target rich.'' Among hundreds of 
     potential targets, what could be more compelling than Times 
     Square, the most famous address in the self-proclaimed 
     capital of the world?
       Amid this sea of unknowns, analysts could definitively 
     answer at least one question. They knew what kind of 
     devastation a nuclear explosion would cause. If Al Qaeda was 
     to rent a van to carry the ten-kiloton Russian weapon into 
     the heart of Times Square and detonate it adjacent to the 
     Morgan Stanley headquarters at 1585 Broadway, Times Square 
     would vanish in the twinkling of an eye. The blast would 
     generate temperatures reaching into the tens of millions of 
     degrees Fahrenheit. The resulting fireball and blast wave 
     would destroy instantaneously the theater district, the New 
     York Times building, Grand Central Terminal, and every other 
     structure within a third of a mile of the point of 
     detonation. The ensuing firestorm would engulf Rockefeller 
     Center, Carnegie Hall, the Empire State Building, and Madison 
     Square Garden, leaving a landscape resembling the World Trade 
     Center site. From the United Nations headquarters on the East 
     River and the Lincoln Tunnel under the Hudson River, to the 
     Metropolitan Museum in the eighties and the Flatiron Building 
     in the twenties, structures would remind one of the Alfred P. 
     Murrah Federal Office Building following the Oklahoma City 
     bombing.
       On a normal workday, more than half a million people crowd 
     the area within a half-mile radius of Times Square. A noon 
     detonation in midtown Manhattan could kill them all. Hundreds 
     of thousands of others would die from collapsing buildings, 
     fire, and fallout in the ensuing hours. The electromagnetic 
     pulse generated by the blast would fry cell phones, radios, 
     and other electronic communications. Hospitals, doctors, and 
     emergency services would be overwhelmed by the wounded. 
     Firefighters would be battling an uncontrolled ring of fires 
     for many days thereafter.
       The threat of nuclear terrorism, moreover, is not limited 
     to New York City. While New

[[Page 22135]]

     York is widely seen as the most likely target, it is clear 
     that Al Qaeda is not only capable of, but also interested in, 
     mounting attacks on other American cities, where people may 
     be less prepared. Imagine the consequences of a ten-kiloton 
     weapon exploding in San Francisco, Houston, Washington, 
     Chicago, Los Angeles, or any other city Americans call home. 
     From the epicenter of the blast to a distance of 
     approximately a third of a mile, every structure and 
     individual would vanish in a vaporous haze. A second circle 
     of destruction, extending three-quarters of a mile from 
     ground zero, would leave buildings looking like the Murrah 
     building in Oklahoma City. A third circle, reaching out one 
     and one-half miles, would be ravaged by fires and radiation.
       Uncontrollable blaze. In Washington, a bomb going off at 
     the Smithsonian Institution would destroy everything from the 
     White House to the lawn of the Capitol building; everything 
     from the Supreme Court to the FDR Memorial would be left in 
     rubble; uncontrollable fires would reach all the way out to 
     the Pentagon.
       In a cover story in the New York Times Magazine in May 
     2002, Bill Keller interviewed Eugene Habiger, the retired 
     four-star general who had overseen strategic nuclear weapons 
     until 1998 and had run nuclear antiterror programs for the 
     Department of Energy until 2001. Summarizing his decade of 
     daily experience dealing with threats, Habiger offered a 
     categorical conclusion about nuclear terrorism: ``it is not a 
     matter of if; it's a matter of when.'' ``That,'' Keller noted 
     drily, may explain why he now lives in San Antonio.''
       In the end, the Dragonfire report turned out to be a false 
     alarm.

  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. I want to say just one additional thing. I have two 
amendments that I intend to offer today. I do not intend to take a 
great amount of time with either of them. Both of them are very 
important. I wish to say to the chairman, I know he is working through 
this bill today. I want to be cooperative but not so cooperative that I 
do not have an opportunity to fully explain amendments that I think are 
very important relative to what I just described.
  The amendments I will offer, one has to do with requiring India to 
comply with what the U.S. is already required to comply with, the 
second relates to a United Nations resolution, that our country pushed, 
that represents American policy that appears to be completely 
contradictory to the underlying bill on the floor of the Senate.
  I say to the chairman, I will have two amendments. I am prepared in a 
reasonable period to offer the amendments. I do have, with Senator 
McCain, an obligation at 12 o'clock for a few minutes off the Senate 
floor. We are going to be speaking to a group. But following that, I 
would be happy to come over and offer my two amendments if the Senator 
is willing to have me do that.
  Mr. LUGAR. I would like to respond to my distinguished colleague. I 
appreciate the appointment that he has with our colleague from Arizona. 
My hope would be that the Senator would proceed with his amendments. It 
would be timely to do so at his earliest convenience. I encourage him 
to do so.
  Mr. DORGAN. Mr. President, I missed the last point.
  Mr. LUGAR. I just indicated as soon as you could proceed with your 
amendments, this would be timely, in terms of moving the progress of 
our bill today.
  Mr. DORGAN. I will be off of the Senate floor for the other 
requirement that I have, but I will come back. My understanding is 
there is a proposal to perhaps try to modify one of my amendments?
  Mr. LUGAR. That is correct. Staffs have been working on one of the 
amendments of the Senator with the hope it might be possible to accept 
that amendment. The other amendment would have to be offered and 
debated.
  Mr. DORGAN. Yes. I intend to offer the other amendment, debate it, 
and ask for a recorded vote on it. I will take a look at the proposed 
modification to see what that modification is, but I will try to be 
back on the Senate floor as quickly as possible to accommodate the 
Senator's interests in getting it done.
  Mr. LUGAR. I appreciate that and thank the Senator.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. ALLEN. Mr. President, I rise today in strong support of S. 3709, 
the United States-India Peaceful Atomic Energy Cooperation Act. This 
legislation has been thoughtfully crafted and will help cement an 
important partnership with a vitally important Nation in a part of the 
world that will become increasingly important for the future.
  I first want to thank the chairman of the Foreign Relations 
Committee, Senator Lugar, for his commitment to this agreement from the 
very beginning. Thoughtful, as he always is, I thank him for his 
knowledge, his expertise, his wisdom, trying to make sure this is 
appropriate for our country, as well as India, and making sure there 
are provisions in there that are beneficial to our country while also 
not harming the ability of our friends in India to pass it in their 
country as well.
  There is no person in the Senate more knowledgeable on anti-
proliferation issues than Senator Lugar. His leadership was 
instrumental in developing a bill with protocols that met the 
commitments made by our President while also respecting the safeguard 
agreements that have protected this country for decades. I thank our 
chairman.
  The hearings by Chairman Lugar back in the spring, along with 
informative testimony of Secretary Nicholas Burns, were a necessary 
lesson for our colleagues on the committee, and I think the entire 
United States, that explained the benefits and also helped remove 
outstanding concerns about this historic pact. Chairman Lugar, earlier 
speaking on this measure, along with the ranking member on the Foreign 
Relations Committee, Senator Biden, addressed the specific sections of 
the bill, so I will not recite all of those provisions again for my 
colleagues. I wish to provide the principles behind it, the strategic 
goals that are achieved in this United States-India civil nuclear pact. 
I want to focus on the big picture and the long-term impact of this 
cooperation agreement.
  First and foremost, the United States-India civil nuclear cooperation 
agreement is a significant foreign policy achievement for the 
advancement of our security. It is a significant achievement for the 
advancement of jobs, and also a significant achievement in improving 
the environment--the air quality particularly, in India. This strategic 
partnership between the world's oldest democracy, the United States, 
and the world's largest democracy, India, is desirable, and it is 
possible because we share the same values. We both believe in 
representative democracy. We believe in and are girded by the rule of 
law. We respect human rights and religious tolerance. We share the same 
goals for Asia and for the world, which are freedom and peace.
  This pact, this partnership, this agreement, in my view, can be the 
beginning of a blossoming marriage between the people of the United 
States and the people of India. India is a vital ally and a key global 
partner in the war on terrorism. They understand it. They have been 
threatened in India. In fact, India has been hit by terrorism in the 
name of religious fanaticism and religious extremism. This agreement is 
a step forward also regarding concerns with nuclear proliferation. Some 
critics will argue this agreement undermines the Nuclear Non-
Proliferation Treaty, but when you look at the facts, India has no 
record of proliferating nuclear material, nuclear equipment, or 
technology to any other countries. In addition, India's nuclear weapons 
are there for self-defense and India has been a consistent practitioner 
of the ``no first use'' doctrine when it comes to nuclear weapons.
  India has been an exception in this regard and, in my view, should be 
viewed differently than other countries that do not have such a record.
  The fact is as a result of this agreement India will place a majority 
of its thermal power reactors under the International Atomic Energy 
safeguards for the very first time, and there also will be permanent 
inspections.
  By contrast, Iran doesn't have the same sort of policy as India. Iran 
has

[[Page 22136]]

kicked out the IAEA inspectors. This agreement helps bring India into 
the global nuclear mainstream where it is not right now.
  It is very clear, whether it was Chairman Lugar or Senator Biden and 
others, if you examine this agreement it is going to significantly 
increase transparency and oversight of its civilian nuclear program.
  We also ought to look at the economic and energy benefits of this 
cooperation. India has tremendous energy needs that will only increase 
as their economy and country grows and increasingly prospers.
  The United States-India nuclear agreement strengthens energy security 
for the United States and India by promoting the development and stable 
use of clean nuclear power, rather than relying on the Middle East for 
oil and gas, particularly from Iran. Obviously, India benefits through 
a reliable, affordable energy supply. United States companies will 
benefit from increased jobs and economic opportunity in the India 
energy market. Cooperation from this will also ensue, I believe, in 
clean coal technology and also biofuels.
  Having been in India last November-December, the air quality there is 
awful. The coal they have in India is dirty coal. They have to import 
coal.
  There are millions of people in India prospering as a country, and 
increasing. There are millions of people who do not have electricity. 
For India to have its energy needs met, they are going to have to be 
able to import more or they are going to have to come up with creative 
approaches.
  The U.S.A. is far more dependent on foreign sources of energy. We 
need to have more exploration of oil and natural gas in our country. We 
ought to be using more clean coal technology since we are the Saudi 
Arabia of the world in coal for electricity and gasification and 
liquification of coal. We also need advanced nuclear, biofuels, solar--
a diversity of fuels for our energy independence rather than being so 
dependent on foreign sources of energy from the Middle East and hostile 
dictators around the world.
  India is in a similar situation. In fact, they are even more 
dependent than the United States. There are concerns they will have to 
have a pipeline from Iran for natural gas or for oil. We are trying to 
get Iran not to develop nuclear weapons. One of the reasons 
geopolitically why it is difficult to impose sanctions or any sort of 
efforts to get them to comply is there are other parts of the world 
that are so dependent on Iran for natural gas or for oil.
  In a sense, the energy independence and energy security concerns that 
we have in our country are also brought about for the people in India 
which are even more dependent on foreign sources of energy than we are. 
If India can have clean nuclear for electricity generation, that is 
going to obviously help the people of India. It will improve their air 
quality, clearly. As you all know, a barrel of oil, wherever it is 
produced, has the same price.
  With the increasing economies of China and India and elsewhere around 
the world, for every bit of oil that is produced, the whole global 
market is competing for that barrel of oil. To the extent that India's 
demands can be somewhat ameliorated as well as ours in coal 
liquification or biofuels or other renewable approaches, it is going to 
help our energy independence in this insofar as India is concerned.
  Beyond energy and jobs, we have grave threats facing the United 
States and also our friends and allies insofar as security. We need to 
build new alliances, and we need to strengthen existing alliances as 
well.
  With that in mind, I think we ought to be looking further into the 
21st century to determine what U.S. policy will be in Asia. What should 
it be? Where can we reasonably expect support to come from, whether in 
Asia or the Western Pacific?
  Presently, some of the key allies that share our values are South 
Korea, Japan, Singapore, the Philippines, and Australia. They are key 
leaders with us. Further positive concerted efforts need to be made 
with Pakistan and Indonesia. India has a key role in all of this. I 
think India is absolutely essential for our freedom and shared values 
but also our freedom advancement in innovation and our security.
  As I mentioned, I was in India last fall. This was a key issue on the 
minds of Prime Minister Singh and other government leaders. India is a 
country with tremendous potential, amazing values, but also a lot of 
hardship, hard breaks, and poverty in that country. They need reliable 
energy. They are working in education. In fact, we can learn a lot from 
India insofar as education is concerned as young people in middle 
school are focused on high school exams to get into the India 
institutes of technology. We need to get more Americans from all 
backgrounds interested in engineering and science as India has done.
  India is also so important to security--a country which will soon 
have well over 1.2 billion people, not only the world's largest 
democracy but the world's largest country in the next few years.
  The challenges that face India's future development are making 
progress, but they are tremendous challenges. So while India is now a 
global economic power, it is going to be increasingly an economic power 
in the future. It is going to be a much more important voice in Asia as 
well.
  So it is in the interest of the United States to engage India, to 
help it develop safe, clean, and reliable energy, and also further our 
existing ties with its leaders in government, especially the people of 
India who appreciate the United States. Of course, there is a great 
deal of trade between the United States and India. Many of the H-1B 
visa applicants are from India which are very important for Virginia's 
economy and for the economy of the United States.
  I also believe that we need to--I urge my colleagues to--examine this 
in its totality. It is imperative that we pass this legislation and 
begin finalizing this agreement that was reached by the elected leaders 
of the United States and India. It is in our security interests. It is 
in our economic interests. It strengthens the alliance which will be 
vital for years ahead.
  I believe very strongly that this United States-India pact will be a 
marriage which will benefit all of us, not just now but for generations 
to come.
  I thank my colleagues. I urge most respectfully the passage of the 
United States-India Peaceful Atomic Energy Cooperation Act with no 
killer amendments and let's allow this marriage between the United 
States and India blossom for our security, for our jobs, and our best 
interests through the years to come.
  I thank Chairman Lugar again for his outstanding and remarkable 
wisdom and insight shepherding this measure through. I hope by the end 
of the day this will pass, and that this marriage will continue to bear 
fruit for generations to come.
  I yield the floor.
  Mr. LUGAR. Mr. President, I thank the distinguished Senator from 
Virginia for his very generous comments about my leadership and the 
work of the committee. But I want to say that I appreciated very much 
the Senator's diligent and thoughtful work on the committee. He will be 
missed. He has been a great leader in our efforts and has participated 
materially in the formation of the legislation he talked about today. I 
deeply appreciate the strength of his statement and his very thoughtful 
comments.
  I understand the distinguished Senator from Kansas wishes to make a 
statement.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Isakson). The Senator from Kansas.
  Mr. BROWNBACK. Mr. President, I thank my colleague from Indiana, 
Chairman of the Foreign Relations Committee. He has done an outstanding 
job. He has been a leader and a foreign policy voice on Capitol Hill. 
His leadership is measured, and he is very knowledgeable and quite 
good. I appreciate his wisdom, counsel, and leadership--and his 
leadership on this bill as well.
  I recognize my colleague from Virginia who has done an outstanding 
job for many years in many capacities on foreign relations. I know that 
he knows

[[Page 22137]]

the issues on the United States-India relationship. Many people I have 
worked with on India have worked with the Senator from Virginia. I 
deeply appreciated his work, knowledge, interest, and passion on 
pushing these issues. It takes people such as that to build 
relationships. You have to always be pushing people together. I 
appreciate his willingness to do that.
  I rise in support of this bill. I rise, as my colleague from Virginia 
has done, in support of the bill but without debilitating killer 
amendments associated with it.
  I rise as someone who has chaired the South Asia subcommittee for a 
period of time and worked in building relationships with India.
  I rise as the Senator who carried the initial bill to allow the 
administration to lift sanctions against India when it tested nuclear 
weapons during the Clinton administration. It was a big brawl of 
discussion we had at that point in time.
  Let me take my colleagues back a little bit. That was the point in 
time when India was starting to shift away from its former focus on the 
Soviet Union, then Russia, and whether it was going to join the West 
and work with us. There was a big debate going on within Indian society 
as to whether they were going to pull along alongside the United 
States. It was a very heated debate, a very important discussion. It 
became the signature moment as to whether the United States would be a 
partner with India.
  You will recall that for many years the United States and India had 
what was best described as a prickly relationship. There was not an 
easy, favorable one even though the fundamentals underneath seemed like 
they were something that would be very good. India is equal. It has the 
largest democracy and we the oldest. We are the two largest democracies 
in the world. It would seem to be that this would be a very easy and 
logical relationship. Yet they had gone into the Soviet sphere. We had 
built more of a relationship with China than with India even though the 
fundamentals under India were much better for us than they were with 
China. There has been this separation and division for some period of 
time.
  India decided they needed to have a nuclear basis. They tested. 
Pakistan tested in response to that. We had a series of sanctions that 
immediately kicked in with that testing. Then our entire relationship 
with India was viewed through the nuclear nonproliferation issue. We 
had all these other issues that we needed to discuss--economics, spread 
of terrorism, a series of issues, human rights items. Everything went 
through the nonproliferation portal. If you couldn't clear it through, 
we wouldn't be able to develop the rest.
  Finally, we were able to provide the relationship, the 
administration, and the capacity to waive this series of sanctions. It 
was a difficult discussion and decision within the Congress. We were 
able to pass it through. Then let us get into a broader range--and the 
relationship flourished. It expanded enormously.
  Now I think we are at another step. This is another one of those key 
junctures in the relationship as to whether this was going be a true 
and budding and future-oriented relationship. That is whether we can 
enter into this agreement that we are discussing here today. This is 
being watched very carefully in India as being a key view as to what 
the United States is going to do in its ongoing relationship with 
India.
  I urge passage and strong support in building the fundamentals and 
strengthening a United States-India relationship. This agreement is not 
about sacrificing the nonproliferation regime on the altar of strategic 
cooperation. I want to emphasize that point. I think as people look at 
it, the initial question they would come up with is, I am fine with the 
strategic relationship; I will not sacrifice the nonproliferation 
issue. It is not about sacrificing that. It is about recognizing the 
reality of India's 30-year nuclear program. Engaged in peaceful 
civilian--as the chairman has said many times--nuclear cooperation with 
the world's largest democracy, securing commitments from India to 
implement the IAEA standard and safeguard and affirming India's 
longstanding commitment to democracy and its constructive role in 
shaping the world in decades ahead.
  There is an environmental angle on this as we look at India as being 
a key economy in growth. That growth is consuming much more energy. 
That energy is generally in the form of fossil fuels which release a 
lot more CO2. If we are concerned about the release and the 
impact and the accumulation of CO2 in the atmosphere, one of 
the key things we should do from an environmental perspective is to 
engage in this agreement on civilian nuclear power. That is where we 
will reduce the CO2 loading into the atmosphere.
  From another nonstrategic, nonproliferation angle, from an 
environmental angle, this is a very positive agreement, a key agreement 
we can have with one of the fastest growing economies in the world that 
will be releasing a lot more CO2 in the atmosphere unless 
they use a great deal of nuclear capacity in building that energy 
system.
  Bringing India to the nonproliferation regime and forging a strategic 
partnership with the world's largest democracy makes America safer, as 
well. We have a common enemy in the war on terrorism around the world. 
India has been a key and strategic partner in their assistance in 
curbing the nuclear pursuits of Iran, a weaponized nuclear pursuit by 
Iran. We are getting help from India on that. We continue to work with 
Pakistan.
  As a number have pointed out, either implicitly or explicitly, it is 
a balancing issue, a balance-of-power issue with China. I know everyone 
in this Senate thinks about that, even if it is not expressed often, 
but it is key that we build this balance of power in our balance with 
India in this region of the world as a democracy, as a country that is 
with us in the fight on terrorism.
  India shares strategic interests; it also shares values. They have a 
commitment to democracy, with rules of law, transparency, a 
multireligious country. America and India, as I mentioned, are the 
world's two largest democracies, and India has had a functioning 
democracy for some period of time. Civilian nuclear cooperation is an 
important step in developing new and alternative energy sources.
  Comparison with Iran and North Korea's nuclear programs are 
misleading. There are strict measures taken to ensure our cooperation 
will only be with India's civilian nuclear program. They have proven to 
be trustworthy. There is still reason to believe North Korea and Iran 
are clearly pursuing these for nuclear weapons and for purposes against 
us, very threatening to us and our interests. We need to look at the 
nature of the regimes. India is a peaceful, stable democracy versus 
authoritarian in Iran and North Korea.
  Finally, this is just one of the key relationships at one of the key 
times. It is important we take the right steps during those points in 
time. I hope we have a very positive, robust debate and pass this bill 
by a very large margin, saying to the people of India and around the 
world: We are interested in partnering with you, we want to partner 
with you, we want to expand that partnership, and we see this as a key 
partnership for our future, for your future, and for global stability.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER (Mr. Graham). The Senator from Indiana.
  Mr. LUGAR. I thank the Senator from Kansas for a very strong 
endorsement of this legislation.
  I note in the Senate the distinguished Senator from Georgia who would 
like to participate. I look forward to hearing from him.
  The PRESIDING OFFICER. The Senator from Georgia is recognized.
  Mr. ISAKSON. Mr. President, I rise in full support of the United 
States-Indian nuclear agreement. I wish to share the two distinct 
reasons for my support.
  First and foremost is the distinguished chairman from Indiana, 
Senator Lugar. There is not an individual in this Senate and I say 
probably not an individual in this country who has

[[Page 22138]]

committed more of their life to preventing nuclear disaster and its 
proliferation. There is perhaps no one who has worked harder to see to 
it that the U.S. agreements, as they relate to the security of nuclear 
power and the interest of our country, have always been nothing but in 
the best interest of the United States of America.
  As a Senator from Georgia, I am well aware that Senator Lugar 
partnered for many years and still partners today with our Senator, Sam 
Nunn, in seeking to ensure nuclear proliferation does not take place 
anywhere in the world and that nuclear materials from existing nuclear 
nations never fall in the hands of those who would use them in an act 
of terrorism. I place my confidence first and foremost in the 
distinguished chairman from Indiana.
  There is a second, equally compelling reason; that is, my visit to 
India in April of this year, just shortly after the President announced 
the civilian nuclear deal with India. Quite frankly, my initial 
reaction before I went to India was one of significant concern. I think 
any time any of us look into nuclear agreements and the sharing of 
nuclear technology, we should have significant concern. However, I went 
to India and learned a number of things firsthand that I did not know. 
I share them with this Senate today because I believe they are 
important in whether we grant this agreement.
  First, I learned quickly that in the 30-year history of involvement 
in the development of nuclear energy, India has never had a single 
deviation from its stated original purpose, which was civilian use, and 
in terms of military, only for minimal deterrence. They have clearly 
said from the beginning they would never be a first-strike nation, and 
they have always said that our motivation from a defensive mechanism is 
minimal deterrence. A 30-year consistent policy like that in any nation 
is good enough evidence for me in terms of the heart and the intent of 
that country.
  Second, India is a democracy of 1.3 billion people in round numbers 
in a part of the world of significant importance to the United States 
of America. They have demonstrated in their cooperation with us in the 
global war on terror their interest only in peaceful operations of all 
nations and never in nuclear energy or technology falling into the 
hands of those who would use it in a devious way.
  As the distinguished Senator from Virginia has said, India is a 
blossoming nation economically, but it suffers dramatically from the 
coal it has to burn and from the lack of efficient energy sources it 
now has. This civilian nuclear agreement allows them the opportunity to 
expand nuclear energy for the generation of electricity and to reduce 
the pollution in the atmosphere, which is not just India's atmosphere 
but is the world's atmosphere.
  The distinguished chairman from Indiana has worked long and hard on 
this agreement. I am in full support of this agreement in its draft 
form and its presented form today. I hope the Members of the Senate 
will endorse and ratify without debilitating amendments. I have 
confidence in the chairman and his work. I have confidence in my visit 
to the people of India and Prime Minister Singh that they will continue 
to be what they have been: a burgeoning democracy and a great partner 
with the United States of America.
  I yield back the remainder of my time.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, I thank the distinguished Senator from 
Georgia for visiting India, for his personal testimony on this issue, 
for strong support of the treaty, and for his very thoughtful personal 
comments.
  I note the presence of the very distinguished leader in the Senate in 
fostering and strengthening India-United States relationships, the 
distinguished Senator from Texas.
  Mr. CORNYN. Mr. President, I rise in strong support of the United 
States-India Peaceful Atomic Energy Cooperation Act. I particularly 
express my gratitude to the chairman of the Foreign Relations 
Committee, Chairman Lugar, for his outstanding work on this bipartisan 
piece of legislation that advances our strategic relationship with 
India while also bringing India into the mainstream of international 
nonproliferation efforts.
  I am delighted to be the cochair, along with Senator Hillary Clinton, 
of the United States-India caucus in the Senate, actually something we 
resurrected just a couple short years ago that had fallen by the 
wayside.
  After my own visit to India and in consultation with a number of 
Indian-American constituents who live in Texas--about 200,000 live in 
my State alone--I became absolutely convinced that a closer 
relationship with the great nation of India and its people was 
essential to our security interests and essential to our economic 
interests.
  As our colleagues know and as has been mentioned by a number of our 
Members, Prime Minister Singh visited Washington last summer and 
President Bush paid a visit to India this spring. These events mark a 
critical milestone in our improving relationship. Passage of this 
legislation will mark another significant step and I daresay cement 
what is a very important relationship to both nations.
  President Bush made a fundamental foreign policy objective to move 
the United States-India relationship to a new level. As Secretary Rice 
has said, our relationship with India is one of the most important 
partnerships the United States can have in the 21st century.
  As has been often noted, India is the world's largest democracy, 
while we are the world's oldest democracy, and our two great nations 
share so many common values and common beliefs. It is only appropriate 
that the United States and India become true strategic partners as we 
move into the 21st century. Fortunately, the days of the Cold War, when 
India was more aligned with the Soviet Union than with the United 
States, are in the long past. The United States and India share a 
common vision for our future. It is a peaceful vision where we battle 
terrorism together, the proliferation of weapons of mass destruction, 
HIV/AIDS, and a host of other challenges that face our world today.
  While it is true that the agreement on Civil Nuclear Cooperation is a 
significant departure from previous U.S. policy, I strongly believe 
this legislation represents a positive step as we grow our strategic 
relationship.
  For more than 30 years, the United States and India have disagreed 
over India's decision not to sign the Nuclear Non-Proliferation Treaty. 
As such, the United States has not cooperated with the Nation of India 
on any civilian nuclear technology to speak of. In short, we have been 
at a stalemate which has neither served our nonproliferation goals, nor 
helped India's vast needs for energy resources. Fortunately, this 
carefully crafted legislation will allow us to move forward in a 
responsible manner. The agreement, in fact, enhances our 
nonproliferation efforts.
  It is correct to say that India is not a signatory to the 
nonproliferation treaty. They have decided for their own national 
security reasons that they will not become a party to the treaty, and 
no amount of international pressure is likely to change that 
conclusion. This is the reality we face, and the status quo for another 
30 years is simply not acceptable. Recognizing this reality, we must 
ask ourselves, What can we do to promote nonproliferation efforts with 
India and bring them into the international nonproliferation regime? 
This legislation provides that answer.
  Despite not signing the nonproliferation treaty, India, for the 
record, has an excellent nonproliferation record. They understand, 
perhaps as well as anyone, the danger of the proliferation of weapons 
of mass destruction. This is why India has agreed to adhere to key 
international nonproliferation efforts on top of their own stringent 
export control regime. This is a significant step forward which has 
been welcomed by the International Atomic Energy Agency Director 
General Mohamed ElBaradei, who understands India will not come into the 
nonproliferation treaty by traditional means but can be accommodated 
through this route.
  I conclude by noting that the United States is fortunate, indeed, to 
have

[[Page 22139]]

many Indian Americans who have helped bring our two nations closer 
together. As I have noted, many of them live in my State, as they do 
around this great country, contributing to our brainpower, to our 
economy. Frankly, this community is one of the hardest working, most 
accomplished communities in our Nation today. There are about 200,000 
of them living in Texas, and nearly 80,000 Indian students are studying 
at our Nation's colleges and universities. Their contributions to our 
Nation and the United States-India relationship have been remarkably 
positive.
  I encourage my colleagues to support this legislation, to advance our 
strategic relationship with India while also bringing India into the 
mainstream of international nonproliferation efforts.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. I thank the distinguished Senator for his leadership. His 
action with the distinguished Senator from New York, Mrs. Clinton, is 
certainly timely for these important visits to occur and these 
negotiations. I think they have restored significance in our 
relationship. I thank the Senator for coming to the Senate and offering 
strong support for the treaty.
  Mr. President, I note the presence of another distinguished member of 
the Senate Foreign Relations Committee, the distinguished Senator from 
Ohio.
  The PRESIDING OFFICER. The Senator from Ohio is recognized.
  Mr. VOINOVICH. Mr. President, I rise today to offer my support for S. 
3709, the United States-India Peaceful Atomic Energy Cooperation Act, 
of which I am a cosponsor. First, I congratulate Senators Lugar and 
Biden for their excellent bipartisan effort to produce a quality piece 
of legislation. We can all be very proud of this product.
  I have long believed the United States and India should expand its 
excellent friendship and embark upon a deeper, more strategic 
relationship. We now have that opportunity, and I urge my fellow 
Members of the Senate to pass S. 3709, a bill that will enable us to 
transform our relationship with India and initiate a solid partnership 
with great security, economic, and environmental returns for U.S. 
national interests.
  As President Bush said when he met with Indian Prime Minister 
Manmohan Singh in New Delhi last spring:

       India in the 21st century is a natural partner of the 
     United States because we are brothers in the cause of human 
     liberty.

  By expanding civil nuclear cooperation with India, the United States 
has an opportunity to bring India into an arms control regime that will 
guarantee greater oversight and inspection rights and which will allow 
us to make India's preexisting nuclear program safer and more 
transparent. At a time when we are facing many other nuclear power 
challenges, we should welcome this as a positive step in the world of 
nonproliferation.
  It is not just the United States that supports civil nuclear 
cooperation with India. I was in Vienna in May, where I met with the 
International Atomic Energy Agency. During our meetings--we were 
talking primarily about Iran and what they were doing in terms of 
Iran's violation of the nuclear nonproliferation agreement. We also 
talked about India and how they felt about the proposal that was being 
entered into between the United States and India. And I was told, at 
that time, that India has been a more active and responsible partner, 
in terms of their cooperation with the IAEA, than many of the 
signatories to the nuclear nonproliferation agreement.
  As was just pointed out by the Senator from Texas, later on Director 
General Mohamed ElBaradei called the idea that is contained in this 
agreement ``a milestone'' and ``timely for ongoing efforts to 
consolidate the non-proliferation regime, combat nuclear terrorism and 
strengthen nuclear safety.''
  Furthermore, this agreement will allow us to form a critical 
strategic relationship with India. And from a point of view, it is long 
overdue. The geostrategic facts are that China and India are two rising 
powers in the industrialized world. As China expands its economic power 
and military strength, U.S. nuclear cooperation with India can help to 
even the international keel.
  I am also referring to the fact that China, could pose a threat to 
U.S. national security in the future. We are working very carefully to 
make sure that does not happen, but it is something we should think 
about. But I am also thinking about the fact that India and China also 
have a good relationship. So the fact that we are entering into a new 
relationship with India, I think, also would be well received by the 
Chinese and other Asian countries and helpful to alleviating any 
tensions that exist.
  For the past 30 years, we let differences in our domestic policies 
and our international intentions keep us from working together. But 
India is a unique democracy, a new shining city upon a hill, and we 
need this more than ever before. We need models such as this, where 
people of different faiths and ethnicities live together and where the 
government is open and accountable for its actions. It is the largest 
democracy that we have in the world today.
  Following the end of the Cold War, new economic opportunities have 
created room for cooperation between the United States and India in 
agriculture, health care, commerce, defense, technology, and education. 
It is amazing to me the number of businesses I have in Ohio that have 
joint ventures in India and Indian investment in the State of Ohio.
  In the aftermath of the September 11 attacks, India has been a leader 
in fighting terrorism and rooting out extremists from its society. It 
has a long record of responsible behavior on nonproliferation matters, 
and it is time we embrace India as part of that nonproliferation 
community.
  I strongly encourage the Senate to pass S. 3907 and take the next 
step in bolstering our relationship with India. A democratic, 
economically sound, internationally integrated India will serve as a 
ballast in a region experiencing rapid, sweeping change.
  Thank you, Mr. President.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KENNEDY. May I have recognition?
  The PRESIDING OFFICER. The Senator from Massachusetts is recognized.
  Mr. KENNEDY. Mr. President, I see the floor manager and the matter we 
have before us is of great importance and consequence. I know we have a 
variety of different amendments that are being considered and are being 
talked about, even as we are here now. I do not mean to interfere with 
the flow of this debate and reaching a timely conclusion of it, but I 
want to address the Senate for a few moments on what I consider to be 
sort of the important agenda for our committee, our HELP Committee, in 
this next session. I will cooperate, obviously, with the floor manager 
and ask that my remarks be printed in an appropriate place in the 
Record. And I will speak for just a few moments.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. So others who want to continue the debate will have the 
opportunity to do so. And as one who has been a floor manager, I 
understand his desire to have focus and attention on the underlying 
matters. But I appreciate the courtesy and the understanding of the 
manager letting me talk briefly this afternoon.
  (The remarks of Mr. Kennedy are printed in today's Record under 
``Morning Business.'')


                           Amendment No. 5173

  Mr. LUGAR. Mr. President, I send an amendment to the desk that has 
been cleared on both sides of the aisle.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Indiana [Mr. Lugar], for Mr. Harkin, 
     proposes an amendment numbered 5173.

  The amendment is as follows:

[[Page 22140]]



(Purpose: To make the waiver authority of the President contingent upon 
   a determination that India is fully and actively participating in 
  United States and international efforts to dissuade, sanction, and 
  contain Iran for its nuclear program consistent with United Nations 
                     Security Council resolutions)

       On page 8, beginning on line 8, strike ``Group; and'' and 
     all that follows through ``Nuclear'' on line 9 and insert the 
     following:

     Group;
       (8) India is fully and actively participating in United 
     States and international efforts to dissuade, sanction, and 
     contain Iran for its nuclear program consistent with United 
     Nations Security Council resolutions; and
       (9) the Nuclear

  Mr. HARKIN. Mr. President, I thank the managers of this bill, 
Chairman Lugar and Senator Biden, for accepting my amendment. I thank 
my colleagues.
  My amendment is very simple and straightforward. It requires the 
President to determine that India was fully and actively participating 
in U.S. and international efforts to dissuade, sanction, and contain 
Iran's nuclear program consistent with United Nations Security Council 
Resolutions.
  As my colleagues know, Iran is one of, if not the most, urgent 
nuclear nonproliferation challenges the world faces today.
  For two decades Iran secretly built up its nuclear capabilities in 
violation of the safeguards commitments it made with the International 
Atomic Energy Agency, IAEA. To date, Iran has completed most of the 
construction of a massive uranium-enrichment facility at Natanz, opened 
a heavy-water production plant at Arak and began construction of a 40-
megawatt reactor there. It also began construction on a fuel 
manufacturing plant at Isfahan; tested centrifuges with uranium, 
hexafluoride, produced their first samples of low-enriched uranium; and 
nearly completed construction of their first nuclear power reactor at 
Bushehr, set to open in 2007.
  Iran says these programs are for peaceful purposes, but experts agree 
and the Bush Administration believes, that Iran is on its way to 
acquiring the capability to produce large quantities of bomb grade 
nuclear material. Additionally, Iran has not fully answered numerous 
questions from the IAEA about activities that may be related to a 
weapons program. These activities are very concerning.
  Earlier this year, the IAEA Board of Governors found Iran to be in 
violation of its safeguards commitments and reported Iran's file to the 
U.N. Security Council. The Security Council has demanded that Iran 
suspend its uranium enrichment program and construction of a heavy-
water production reactor. These technologies can be used to make bomb-
grade nuclear material.
  However, Iran continues to stiff-arm the IAEA's investigation of its 
program. This week Iran again thumbed its nose at the international 
community boasting that the world would have to ``live with a nuclear 
Iran.'' A new report this week from the IAEA says the agency found new 
traces of plutonium and enriched uranium at a nuclear research facility 
in Tehran.
  As we are here debating this bill, U.S. diplomats are engaged with 
our partners in the U.N. Security Council on this very important issue. 
They are working to build support for a new resolution that would 
mandate targeted sanctions on Iran to help persuade its leadership to 
change course and halt its uranium enrichment work.
  This diplomatic course of action is appropriate at this stage, and I 
fully support it. To succeed, any targeted sanctions policy must not 
only have the active support of Security Council member states, but 
also the cooperation of other member states of the international 
community. Targeted sanctions against Iran will not work unless they 
are fully and actively supported by states close to Iran and with ties 
to Iran, such as India. They will not work, I would add, without 
effective diplomatic engagement with Iran.
  This is a time when we need to have the support of every country as 
the United States works with our allies to contain and constrain Iran's 
troubling nuclear program.
  Now my colleagues may be wondering what this has to do with India.
  India has a robust relationship with Iran. India actively engages in 
military-to-military cooperation with Iran and the two countries have a 
significant trade relationship. India plans to build a gas pipeline 
from Iran through Pakistan. India's leaders see Iran as a diplomatic 
partner on many issues. In fact, Iran's Foreign Minister will be 
visiting New Delhi today.
  Given India's proximity to Iran, none of this is surprising, but it 
means that India has a particular responsibility to help contain Iran's 
nuclear and missile capabilities and support possible U.N. Security 
Council sanctions against Iran.
  Obviously, India, like most other states, does not support a nuclear 
weapons option for Iran.
  However, Indian views of the threat posed by the Iran nuclear program 
and its perspective on Iran's so-called ``right'' to peaceful nuclear 
technology differ significantly from U.S. views. Unfortunately, some of 
India's policies appear to embolden Iran's leaders to press forward 
with their ambitious nuclear plans.
  As we move forward in our effort with the international community to 
deal, contain, and if necessary sanction Iran for its defiance of 
international demands to halt its sensitive nuclear activities, we will 
need greater support from all states, including India, in this effort.
  Over a year ago, on September 24, 2005, India voted with the United 
States and 20 other states on the IAEA resolution which found Iran in 
compliance with its safeguards agreement. But the resolution did not 
refer the matter immediately to the Security Council and according to a 
recent report produced by the Congressional Research Service, India was 
one of a handful of countries seeking to avoid such a referral.
  Disturbingly, India's official explanation of its vote highlights 
India's differences with the United States on how to deal with Iran's 
nuclear transgressions. It stated that:
  In our Explanation of Vote (this is the Indian government), we have 
clearly expressed our opposition to Iran being declared as noncompliant 
with its safeguards agreements. Nor do we agree that the current 
situation could constitute a threat to international peace and 
security. Nevertheless, the resolution does not refer the matter to the 
Security Council and has agreed that outstanding issues be dealt with 
under the aegis of the IAEA itself. This is in line with our position 
and therefore, we have extended our support.
  India again voted with the United States on February 4, 2006, when 
the IAEA Board of Governors voted to refer Iran's noncompliance to the 
U.N. Security Council. This was welcomed at the time. Yet the Indian 
Ministry of External Affairs responded to questions about its vote by 
noting that:
  ``While there will be a report to the Security Council, the Iran 
nuclear issue remains within the purview of the IAEA. It has been our 
consistent position that confrontation should be avoided and any 
outstanding issue ought to be resolved through dialogue. . . . Our vote 
in favour of the Resolution should not be interpreted as in any way 
detracting from the traditionally close and friendly relations we enjoy 
with Iran.''
  By keeping the issue under the purview of the IAEA Iran would not be 
subject to sanctions. The IAEA does not have that capability, the 
Security Council does.
  In April 2006, the U.N. Security Council issued a statement calling 
for an immediate suspension of all Iranian enrichment activities. Iran 
responded by announcing that it had produced a small quantity of low-
enriched uranium using a test assembly of centrifuges and noted it 
planned to expand the facility's production capacity.
  What was India's response? On May 30, India signed onto a statement 
by the Non-Aligned Movement, which said that concerns surrounding 
Iran's nuclear program should be resolved at the International Atomic 
Energy Agency Board of Governors and not the U.N. Security Council, 
again seeking to avoid sanctions, contrary to what U.S. diplomats and 
others were urging at that time.

[[Page 22141]]

  In July, the U.N. Security Council passed Resolution 1696, which gave 
Tehran until August 31 to suspend its uranium enrichment program and 
required Tehran to fully cooperate with the International Atomic Energy 
Agency's, IAEA, investigation of its nuclear programs.
  Again what was India's response? Apparently, in an attempt to patch 
up relations with Tehran over its earlier votes at the IAEA Board of 
Governors, India added its name to the September 2006 joint statement 
on Iran's nuclear program released by the Non-Aligned Movement at its 
meeting in Havana. In this statement, India called nuclear research and 
development a ``basic inalienable right'' of Iran's, and said that 
nuclear ``choices and decisions'' of different countries ``must be 
respected.''
  Newspaper headlines in Iran trumpeted the news. The Iran Times 
headline on September 18 read: ``118 Countries Back Iran's Nuclear 
Program.'' Iran's President met with India's Prime Minister in Havana 
to discuss how to deepen Indo-Iranian ties.
  Since then, talks between Iran and the EU to halt the Iranian nuclear 
program have broken down, and in October, Iran took additional steps to 
improve its enrichment capability and is now seeking IAEA nuclear 
safety assistance on its Arak heavy-water reactor. U.S. diplomats are 
working hard now to lobby fellow members of the IAEA Board of Governors 
to reject this request. We need India's active support when that 
happens.
  In a recent report, the Congressional Research Service detailed some 
concerns about India's proliferation record with respect to Iran.
  The U.S. Government, as a result of the Iran-Syria Nonproliferation 
Act, has sanctioned Indian companies for transferring WMD technologies 
and materials to Iran and other countries.
  On August 4, the Bush administration publicly announced in the 
Federal Register sanctions on two Indian entities for transferring 
chemicals that can be used to produce missile propellant to Iran. The 
sanctions determination had been made July 25, a day before the House 
passed its version of the India bill.
  For its part, India contended the sanctions were unwarranted. A 
Ministry of External Affairs spokesperson asserted on August 7th the 
transfers were ``not in violation of our regulations or our 
international obligations.''
  This is deeply disturbing. What this means is that India's current 
export control laws are inadequate and do not meet the same high 
standards of U.S. export laws.
  As we move forward in our effort with the international community to 
deal, contain, and if necessary, sanction Iran for its defiance of 
international demands to halt its sensitive nuclear activities, we will 
need greater support from a regional partner. We will need India to be 
more effective and diligent in preventing the proliferation of 
technologies, goods, and material that might be used by Iran to produce 
weapons of mass destruction or the means to deliver them.
  I think that my colleagues would agree that the ties between India 
and Iran are troubling. That is why I believe we must--through my 
amendment--require the President to provide a determination that India 
is actively supporting efforts to contain Iran's nuclear program before 
he can waive existing restrictions on civil nuclear commerce with 
India.
  I want to be clear--my amendment is not ``anti-India.'' My amendment 
is a positive and vital step in safeguarding our own national security 
interests.
  There are some in this body who have argued that this legislation, 
and the possible agreement for nuclear cooperation, will enhance our 
strategic relationship and improve India's nonproliferation record. 
Others have warned that this will damage the vital effort to reduce 
nuclear weapons dangers in South Asia and elsewhere if we don't make 
adjustments to strengthen the nonproliferation requirements in the 
package.
  Whatever our differences may be regarding other aspects of this 
proposal, one issue that I hope we can agree on is the need to ensure 
we have India's full and active cooperation and support in the effort 
to prevent Iran or other states from acquiring the capability to 
produce bomb material.
  As the Senate considers reversing 36 years of nuclear proliferation 
restrictions, it is important that we ensure that India is a true 
strategic partner in the effort to prevent Iran from acquiring nuclear 
weapons.
  Again, I appreciate the support of my colleagues in accepting my 
amendment.
  Mr. LUGAR. I urge adoption of the amendment.
  The PRESIDING OFFICER. Is there further debate on the amendment?
  If not, the question is on agreeing to amendment No. 5173.
  The amendment (No. 5173) was agreed to.
  Mr. LUGAR. I move to reconsider the vote and to lay that motion on 
the table.
  The motion to lay on the table was agreed to.
  Mr. LUGAR. I note the distinguished Senator from New Mexico is 
present.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.


                           Amendment No. 5174

  Mr. BINGAMAN. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Mexico [Mr. Bingaman] proposes an 
     amendment numbered 5174.

  Mr. BINGAMAN. I ask unanimous consent that reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       (Purpose: To limit the waiver authority of the President)

       On page 6, after line 21, add the following:

       (c) Operation of Waivers.--Notwithstanding any waiver under 
     subsection (a)--
       (1) no nuclear equipment or sensitive nuclear technology 
     may be exported to India unless the President has determined, 
     and has submitted to the appropriate congressional committees 
     a report stating, that both India and the United States are 
     taking specific steps to conclude a multilateral treaty on 
     the cessation of the production of fissile materials for use 
     in nuclear weapons or other nuclear explosive devices; and
       (2) no nuclear materials may be exported to India unless 
     the President has determined, and has submitted to the 
     appropriate congressional committees a report stating, that 
     India has stopped producing fissile materials for weapons 
     pursuant to a unilateral moratorium or multilateral 
     agreement.

  Mr. BINGAMAN. Mr. President, this amendment would establish a link 
between the export of nuclear fuel and equipment to India under the 
United States-India nuclear agreement and India's halting of the 
production of nuclear weapons material. More specifically, my amendment 
provides two separate tests, one for nuclear equipment and technology, 
and another for nuclear material.
  As to the nuclear equipment and technology, my amendment would 
require the President to certify that both India and the United States 
are taking specific steps to conclude a verifiable fissile material 
cutoff treaty before the United States exports any nuclear equipment or 
technology to India. As to nuclear fuel, my amendment would require the 
President to certify that India has stopped producing fissile material 
for weapons, either unilaterally or as part of a multilateral 
agreement, again, before the United States exports nuclear material to 
India.
  The purpose of the amendment is not to kill the bill or the agreement 
with India but, as I see it, to strengthen that agreement. It would 
allow nuclear trade with India to proceed but in a way that will be 
consistent with our nuclear nonproliferation goals and our security 
interests.
  It imposes no unreasonable or unrealistic conditions on nuclear trade 
with India. It simply requires the President to determine that India 
has followed through on its stated agreement to work toward a fissile 
material cutoff treaty. Let me explain why I believe this amendment is 
necessary.
  In 1974, India tested a nuclear weapon it built using technology that 
we had provided to it for peaceful purposes. The title of the pending 
bill is United States-India Peaceful Atomic Energy

[[Page 22142]]

Cooperation Act. So in 1974, India tested a nuclear weapon built using 
technology that we had given it for peaceful purposes. We responded 
then by strengthening our nuclear export laws in 1978 to ensure that 
that could not happen again. In 1980, we cut off nuclear cooperation 
with India, after India failed to meet the terms of the new law.
  The bill before us would make it possible to resume nuclear 
cooperation with India by exempting India from certain requirements 
that we added to our nuclear export laws in 1978.
  Proponents of the bill offer some strong arguments for going ahead. 
They say that we need to resume nuclear cooperation in order to 
cultivate closer ties with India. They say it is in our best interest 
to help India expand its civilian nuclear power program so that India 
might meet its growing energy needs with clean, environmentally 
friendly sources of power. They say it will help to bring India within 
the ``nonproliferation mainstream.'' I don't quarrel with any of those 
arguments or with the goal of the legislation. I agree that our past 
policies to pressure India on nuclear nonproliferation have not worked. 
Compared to several of its neighbors, India has a relatively good 
nonproliferation record, and by improving cooperation with India, we 
may be able to make India a useful ally in our efforts to halt the 
spread of nuclear weapons in the Middle East and in Asia.
  My quarrel is not with the goal of reopening nuclear cooperation with 
India but in the details of the bill and in the terms on which we 
propose to resume that cooperation.
  Under current law, in order for the United States to resume nuclear 
trade with India, our two nations must enter into an agreement for 
cooperation under section 123 of the Atomic Energy Act. Section 123 of 
the Atomic Energy Act requires the agreement to meet eight specific 
conditions. One of those conditions is that India must sign an 
agreement with the International Atomic Energy Agency to safeguard all 
nuclear material under its jurisdiction. India has consistently and 
steadfastly refused to agree to these so-called full-scope safeguards.
  Even if we were able to enter into an agreement for cooperation with 
India, the Nuclear Regulatory Commission would then have to license the 
export of specific nuclear material and facilities to India under the 
provisions of section 126 of that same Atomic Energy Act. And in order 
to license an export under those provisions, the Nuclear Regulatory 
Commission would first have to find that the statutory export licensing 
criteria of section 127 and 128 of the Atomic Energy Act are met. Among 
other things, section 128 requires the Commission to find that the 
full-scope IAEA safeguards will be maintained on all of India's nuclear 
activities.
  Once again, though, of course, India has refused to agree to those 
full-scope safeguards. Even if India were to accept full-scope 
safeguards, there is the third problem.
  Section 129 of the Atomic Energy Act prohibits the export of nuclear 
materials or equipment or sensitive nuclear technology to any 
nonnuclear weapons state that has detonated a nuclear explosive device, 
violated or abrogated IAEA safeguards, or engaged in activities 
directed toward making a nuclear explosive device. Even section 129--
and since India tested a nuclear explosive device in 1974 and five 
times since then in 1998, it has clearly run afoul of this provision.
  The Atomic Energy Act provides a way around all of these obstacles. 
It says that the President can waive the full-scope safeguard 
requirement and can enter into an agreement for cooperation, as he is 
here proposing to do, without full-scope safeguards if he determines 
that insistence on full-scope safeguards:

       Would be seriously prejudicial to the achievement of the 
     United States nonproliferation objectives or otherwise 
     jeopardize the common defense and security.

  Similarly, the act allows the President to authorize exports without 
full-scope safeguards, and in spite of India's detonation of a nuclear 
explosive device, if the President:

       Determines that cessation of such exports would be 
     seriously prejudicial to the achievement of the United States 
     nonproliferation objectives or otherwise jeopardize the 
     common defense and security.

  President Carter used this authority in 1980 to export nuclear fuel 
to India. But the current administration has apparently concluded that 
President Bush cannot say that withholding nuclear exports from India 
would seriously prejudice our nonproliferation objectives or jeopardize 
our security.
  So instead of relying on the existing waiver authority that is in the 
law, the administration has requested and the bill provides--the bill 
before us would provide a specific statutory waiver for India. This is 
a waiver from the full-scope safeguard requirements of sections 126, 
128, and the nuclear weapons prohibition contained in section 129. So 
instead of applying full-scope safeguards to all peaceful nuclear 
activities in India, the bill only asks that India give the 
International Atomic Energy Agency and the United States a:

       Credible plan to separate its civil nuclear facilities, 
     materials, and programs from its military facilities, 
     materials, and programs, and that it only apply the IAEA 
     safeguards to those civilian activities.

  Let me just put up a chart up here to make the point as to what I 
think the bill contains. This is an important distinction for all of us 
to understand.
  India has been called upon in this agreement to separate what they 
are going to open to safeguards from the portion of their nuclear 
program they are going to keep separate from any kind of a full-scope 
safeguard. So there are 14 power reactors and one fuel reprocessing 
plant they have identified as being subject to safeguards under this 
agreement. That is the so-called civilian side of what they are doing.
  Then there is the nonsafeguarded area, and that, according to the 
Indians--and, of course, they are the ones who make this judgment and 
have under this agreement we are now considering, they have determined 
that there are eight power reactors for which they are not going to 
provide safeguards: their Fast Breeder program, which they are not 
going to provide safeguards for, and of course their entire military 
program, which is made up of two plutonium reprocessing plants, two 
uranium enrichment plants, and two heavy water plutonium production 
reactors. So it is clear that there is a substantial amount of their 
nuclear program that they have determined they will not open to 
inspection by the IAEA and will not open to these requirements which 
are contained in our own law.
  There are major problems with this approach. First is that the 
partial safeguards are not full-scope safeguards. India produced its 
separation plan in March. It offers to place some of its civilian power 
reactors, some of its fuel cycle facilities, some of its research 
facilities under safeguards, but it leaves still others of its civilian 
power reactors, its fuel cycle facilities, its research reactors, and 
its military plants unsafeguarded. Many of the facilities that raise 
the greatest proliferation concerns, including the Fast Breeder Reactor 
program and its uranium enrichment plants and its spent fuel processing 
facilities, are placed beyond the reach of any international 
safeguards. India will be free to use these facilities to produce 
fissile material for nuclear weapons without any international 
inspection or control.
  To make matters worse, by allowing India to buy civilian nuclear fuel 
on the international market, India will no longer have to choose 
between using its own limited uranium resources to supply its civilian 
power program or its weapons program. It will be able to buy nuclear 
fuel for its civilian power program and devote all its own uranium 
resources to its weapons program.
  The other major problem with this approach is that it abandons the 
fundamental tenet of our nuclear nonproliferation policy; namely, that 
nations are required to renounce nuclear weapons in order to get our 
assistance. This simple bargain has been the cornerstone of our 
nonproliferation policy since President Eisenhower announced the Atoms 
For Peace program over a

[[Page 22143]]

half a century ago. The bill before us abandons that policy. It offers 
U.S. assistance to India without any restraint or limitation on its 
existing weapons program. Making such an exception for India will, in 
my view, permanently weaken our nonproliferation policy and our 
credibility on this issue. Already there are other nations, including 
Pakistan, that have asked for similar treatment. We are signaling that 
there are no general rules that apply when it comes to 
nonproliferation; whether we will ship nuclear technology or nuclear 
fuel or materials to a country depends upon the circumstances of each 
case. That is what this agreement signals to the rest of the world. It 
is difficult to see how we can insist that China and Russia strictly 
enforce full-scope safeguards in their dealings with Iran and North 
Korea if we are not going to enforce full-scope safeguards in our 
dealings with other countries--India, in this case. That is not to say 
we should bar the door to further nuclear cooperation with India or 
vote down the bill. I think we should open up nuclear trade with India, 
but we should do it in a way that is in keeping with our broad nuclear 
nonproliferation policy.
  I believe the bill before us, while seriously flawed as it now 
stands, can be fixed, can be salvaged, and that is the purpose of my 
amendment. The central issue, as I see it, is how to allow nuclear 
trade with India to proceed without aiding and abetting India's nuclear 
weapons program. India has dozens of nuclear weapons today. China has 
hundreds of nuclear weapons today. We do not want to see a race begin 
in Asia to see who can achieve the greatest capability in nuclear 
weapons. I believe the answer is to establish a link between our 
cooperation with India's civilian nuclear program and India stopping 
its production of nuclear materials for its weapons program.
  What I am recommending is nothing more than what our former 
colleague, Senator Sam Nunn, suggested in the article which is on each 
Member's desk entitled ``A Nuclear Pig In A Poke.'' It was an article 
in the Wall Street Journal on May 24, and I commend it to all of my 
colleagues for their consideration. Specifically, Senator Nunn in that 
article recommended that:

       Congress require a two-stage process. First, before any 
     export of nuclear reactors, components, or related technology 
     are provided to India, the President should have to certify 
     that both India and the United States are taking specific 
     steps to lead a serious and expedited international effort to 
     conclude a verifiable fissile material cutoff treatment.

  Continuing with his statement:

       Second, before any exports of nuclear reactor fuel or its 
     components are provided to India, thereby freeing India to 
     use its limited stocks to expand its nuclear weapons program, 
     the President would be required to certify that India has 
     stopped producing fissile materials for weapons, either as 
     part of a voluntary moratorium or multilateral agreement.

  That is precisely what the amendment does.
  I have attached a letter to the opinion piece Senator Nunn wrote, a 
letter from Senator Nunn to me where he states that clearly the 
amendment I am offering today is trying to implement the 
recommendations he made in his earlier opinion piece. So this amendment 
is based squarely on Senator Nunn's proposal. It simply requires first 
that before nuclear equipment and technology can be exported, the 
President first should determine that both India and the United States 
are taking specific steps to conclude a fissile material cutoff treaty; 
second, that before any nuclear materials may be exported to India, the 
President must determine that India has stopped producing fissile 
materials for weapons.
  Both the United States and India have already agreed to work toward a 
fissile materials cutoff treaty. The bill before us, in section 1055, 
already requires the President to determine that India is working with 
us toward such a treaty before he can use the waivers. All my amendment 
does is to require the President to determine and to report to Congress 
that specific steps are being taken before we export nuclear equipment 
and technology, and that India has, in fact, stopped producing weapons 
material before we export nuclear material to India. The amendment 
would simply implement Senator Nunn's recommendations.
  As I indicated, there is a letter pointing out that this amendment 
would, in fact, accomplish that objective that is attached to the 
opinion piece.
  Mr. President, I ask unanimous consent that Senator Nunn's May 24 op-
ed in the Wall Street Journal and his letter to me dated September 28 
of this year be printed in the Record at the conclusion of my remarks.
  The PRESIDING OFFICER (Mr. Vitter). Without objection, it is so 
ordered.
  (See exhibit 1).
  Mr. BINGAMAN. Mr. President, the amendment I am proposing here is not 
a killer amendment. I know the traditional approach in the Senate is 
that any time an amendment is offered, it is characterized by its 
opponents as a killer amendment, so you could make the argument that 
anything we might change in the pending legislation would absolutely 
kill our prospects of getting anything done. But this amendment is not 
a killer amendment. As Senator Nunn has stated in his op-ed piece, it 
is not a killer amendment:

       Unless you believe that India will continue its weapons-
     usable nuclear material production, and that U.S. and Indian 
     pledges to work for a fissile material cutoff treaty are 
     insincere, meaningless gestures.

  If those pledges are sincere and meaningful, as I trust they are, 
then this amendment simply says they should be fulfilled before exports 
begin.
  Adoption of my amendment will significantly strengthen the agreement 
with India. As Senator Nunn has said:

       This two-stage approach would significantly strengthen the 
     deal in a way that improves the protection of our core 
     security interests, while ultimately allowing trade to 
     proceed. By establishing a linkage between exports of nuclear 
     material and the cessation of Indian production of nuclear 
     weapons material, this amendment will maintain the integrity 
     of an important U.S. security objective; that is, preventing 
     the growth and spread of nuclear weapons-usable material 
     around the globe.

  Without this amendment I am offering, I fear the enactment of the 
bill pending before us would result in making the world a more 
dangerous place rather than a less dangerous place. This amendment will 
give us the advantages of the agreement but without the increased 
danger which all of us would like to see avoided.
  Mr. LUGAR. Mr. President, I rise in opposition to the amendment 
offered by the Senator from New Mexico. This is a killer condition 
because it requires the President to make two determinations prior to 
the U.S.-India agreement being implemented that are at odds with the 
purpose of the pact.
  First, under the Bingaman amendment a determination must be made that 
both India and the United States have taken specific steps to conclude 
a Fissile Material Cut-off Treaty, or FMCT, before the U.S. can export 
nuclear equipment and technology.
  The amendment requires that a second determination be made that India 
has stopped the production of fissile material for weapons before the 
U.S. can export nuclear materials.
  While I agree that an Indian commitment to abandon its nuclear 
weapons program would have been optimal, even in its absence this 
agreement serves U.S. national security interests. Members must 
consider whether this amendment and others like it advance U.S. 
national security. I believe that U.S. interests are served by greater 
IAEA oversight of India's nuclear program and I reject amendments that 
make the perfect the enemy of the good. I support this agreement and 
oppose amendments, like this one, that would derail its implementation.
  By linking American exports of nuclear equipment and technology to 
U.S. and Indian progress on a multilateral FMCT holds New Delhi to a 
different and higher standard than any other country we have nuclear 
trade with, higher standards for example than we require of Beijing. A 
successful FMCT will only be concluded and implemented when every 
nation with fissile material production capabilities agrees and abides 
by its commitment. I worry that this amendment may provide countries 
who oppose this bilateral agreement with a backdoor veto. In

[[Page 22144]]

other words, if another nation stymies progress on a FMCT, will India 
and the U.S. be penalized?
  I share the strong support of the Senator from New Mexico for an 
FMCT. But a successful FMCT negotiation will require the assent of all 
nations, in particular China. Unlike the U.S., the United Kingdom, 
France, and Russia, China is assumed to have ceased fissile material 
production but has not made a public statement confirming this as the 
others have.
  The report that accompanies the Lugar-Biden legislation, S. 3709, 
highlights the potential trouble with these kind of linkages. The 
Conference on Disarmament, the host of talks on a FMCT, has been unable 
to agree on a work program, in part because some countries--notably 
China--have refused to approve the beginning of FMCT negotiations 
unless the Conference on Disarmament also approves discussions of other 
issues, such as nuclear disarmament and banning weapons in outer space. 
For its part India has long supported conclusion of an effectively 
verifiable FMCT. This position reflects India's concern regarding 
fissile material production by its nuclear-armed neighbors, and it 
would be unrealistic to expect a precipitous change in India's 
position. It would be difficult to determine that the U.S. and India 
have taken specific steps to conclude an FMCT if Chinese interference 
didn't permit the negotiations at the Conference on Disarmament to 
start.
  In testimony before the Committee on Foreign Relations, former 
Secretary of Defense William Perry addressed the danger of conditioning 
passage of the U.S.-India agreement on FMCT-related issues. In fact, 
Bill Perry stated that there were many things by which we could 
condition nuclear trade with India on, including ``India tak[ing] a 
leadership position in promoting an international cutoff in the 
production of fissile material.'' But Dr. Perry concluded:

       I do not recommend that the Senate try to modify the 
     agreement to include them. Instead, I recommend that the 
     Senate task the Administration to vigorously pursue 
     continuing diplomacy to facilitate these actions, and that 
     should be as a follow-on to the agreement.

  Secretary Perry's advice was good counsel and we adopted it in the 
Lugar-Biden bill. In our opinion, S. 3709 strikes the right balance in 
conditioning nuclear trade with India in areas consistent with the July 
18, 2005, Joint Statement. India reiterated its support for an FMCT in 
that statement and our bill applies pressure and requires continue 
monitoring of future Indian and U.S. administrations to ensure full 
implementation of the decision by India to support such a treaty.
  Section 105(5) of the Lugar-Biden bill requires an annual 
determination that India continues its support for an FMCT and is not 
preventing adoption of a negotiating mandate that leaves the issue of 
verification to be decided in the negotiations. If India is working 
with the United States to conclude an FMCT or a similar treaty, that 
would justify a presidential determination under this provision.
  We reinforce these requirements with report language that reads that:

     the United States must now use the influence it has gained 
     through efforts in both India and Pakistan, and with India in 
     particular through its nuclear trade with that nation, to 
     help them transition from nuclear build-ups to stability and 
     arms reductions. This is nowhere more relevant than in the 
     area of fissile material production.

  In addition, this amendment requires the President to determine that 
India has ceased the production of fissile materials for nuclear 
weapons before the agreement can be implemented. India has long 
rejected calls for the cessation of fissile material production, 
pointing to rival nuclear weapons programs as justification.
  India maintains that it cannot agree to a unilateral cap on fissile 
material production at this time. Pakistan continues to produce fissile 
material for weapons-related purposes, and China has not yet committed 
to a moratorium on such production. It is not in U.S. national security 
interests to threaten the significant nonproliferation gains afforded 
by this Initiative with India in order to seek a fissile material cap 
that India indicates it cannot agree to, absent a similar commitment by 
Pakistan and China.
  As Secretary Rice testified on April 6, 2006, before the Committee on 
Foreign Relations:

       India would never accept a unilateral freeze or cap on its 
     nuclear arsenal. We raised this with the Indians, but the 
     Indians said that its plans and policies must take into 
     account regional realities. No one can credibly assert that 
     India would accept what would amount to an arms control 
     agreement that did not include other key countries, like 
     China and Pakistan.

  In addition, Under Secretary of State for Arms Control and 
International Security Policy, Bob Joseph, and Under Secretary of State 
for Political Affairs, Nicholas Burns, stated on March 29, 2006:

       The curtailment of the production of fissile material for 
     weapons was discussed as part of the Civil Nuclear 
     Cooperation Initiative, but India maintained that it could 
     not agree to a unilateral cap at this time. The U.S. has 
     achieved an important objective by obtaining India's 
     commitment to work toward the conclusion of a multilateral 
     Fissile Material Cutoff Treaty (FMCT). Moreover, we remain 
     willing to explore other intermediate options that might also 
     serve such an objective. We also continue to call on all 
     states that produce fissile material for weapons purposes to 
     observe a voluntary production moratorium, as the United 
     States has done for many years.

  Senator Biden and I took a number of steps to address concerns about 
continued Indian fissile material production but we sought to do so in 
a manner that did not threaten the efficacy of the U.S.-India 
Agreement. In section 103(1) of our bill we make it the policy of the 
United States ``to achieve as quickly as possible a cessation of the 
production by India and Pakistan of fissile materials for nuclear 
weapons and other nuclear explosive devices.''
  Section 108(a)(1)(A) requires an annual reporting requirement on 
Indian implementation and compliance with ``the nonproliferation 
commitments undertaken in the Joint Statement of July 18, 2005, between 
the President of the United States and the Prime Minister of India.''
  Other subsections within section 108 of our legislation require: (1) 
annual reports on ``significant changes in the production by India of 
nuclear weapons or in the types of amounts of fissile materials 
produced''; (2) whether India ``is in full compliance with the 
commitments and obligations contained in the [U.S.-India] agreements 
and other documents''; and (3) a requirement to identify and assess all 
compliance issues arising on India's commitments and obligations. These 
reporting requirements will ensure that Congress remains fully informed 
on developments related to the implementation of this agreement. As we 
all know, it is the prerogative of Congress to review these treaties 
and take action should we ever determine that Indian activities put the 
benefits of the agreement on U.S. national security interests in doubt.
  In addition, the committee adopted an amendment offered by Senator 
Chafee during markup of S. 3709 making it the policy of the United 
States that peaceful atomic cooperation and ``exports of nuclear fuel 
to India should not contribute to, or in any way encourage, increases 
in the production by India of fissile material for non-civilian 
purposes.''
  The administration is in the midst of negotiations with India on a 
123 Agreement, and New Delhi is also negotiating a new safeguards 
agreement with the IAEA. The Nuclear Suppliers Group has yet to make a 
decision to embrace the U.S.-India Agreement and approve its 45 member 
states to engage in nuclear trade with India. If we accede to 
conditions such as the one contained in the Bingaman amendment, 
conditions that India has already rejected, we will severely limit our 
ability to influence India's nuclear program.
  Moreover, the IAEA's ability to monitor India's activities will be 
further circumscribed and we will return to a time when India was a 
hindrance rather than a partner in international, multilateral 
nonproliferation and arms control efforts.
  Senator Biden and I believe we have addressed this matter in a manner 
that does not threaten the viability of the

[[Page 22145]]

agreement. The determinations I described above were carefully drafted 
to balance, and not upset, the ongoing negotiations in Vienna or those 
in the U.S. and India. We must not forget that Congress will have a 
chance to vote on the 123 Agreement. S. 3709 provides Congress with an 
up or down vote on this important agreement and fully protects 
Congress' role in the process and ensures congressional views will be 
taken into consideration.
  In conclusion, the Bingaman amendment imposes an unacceptable 
precondition on civil nuclear cooperation with India. India will regard 
this as ``moving the goalposts,'' an unacceptable renegotiation of the 
deal, and a bad-faith effort on our part.
  As a consequence, this is a deal-killer that wrecks the balance that 
we sought between executive and legislative power, nonproliferation 
responsibilities, and the U.S.-India relationship. Killer conditions 
such as these forfeit the U.S. ability to influence Indian behavior. 
While I understand that this was not the intent of the Senator from New 
Mexico, in my view it is the practical effect.
  In sum, the Lugar-Biden bill addresses the issues raised by this 
amendment without undercutting the agreement. Unfortunately, the 
Bingaman amendment is a killer amendment and I urge Senators to oppose 
it.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DORGAN. I have two amendments to offer. I will be happy to offer 
and debate them in order and to work with the chairman on whatever 
arrangements he might wish for a vote on these amendments.
  Mr. LUGAR. Let me respond to the Senator. I appreciate his 
willingness to offer the amendments in a timely fashion. We are in the 
process of debating one amendment, but I will ask unanimous consent it 
be temporarily laid aside so the Senator can offer his amendments to 
expedite this consideration.
  The PRESIDING OFFICER. Without objection, the amendment is set aside.
  The Senator is recognized to present his first amendment.


                           Amendment No. 5178

  Mr. DORGAN. I send an amendment to the desk and ask for its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from North Dakota [Mr. Dorgan] proposes an 
     amendment numbered 5178.

  Mr. DORGAN. Mr. President, I ask unanimous consent the reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

  (Purpose: To declare that it is the policy of the United States to 
 continue to support implementation of United Nations Security Council 
                        Resolution 1172 (1998))

         On page 5, beginning on line 15, strike ``Treaty; and'' 
     and all that follows through ``that exports'' on line 16 and 
     insert the following: ``Treaty;
         (9) to continue to support implementation of United 
     Nations Security Council Resolution 1172 (1998); and
         (10) that exports

  Mr. DORGAN. Mr. President, this amendment is very simple and very 
short. Its brevity is contained in line 4 to line 6.
  It is an amendment that says we will:

       On page 5, beginning on line 15, strike ``Treaty; and'' and 
     all that follows through ``that exports'' . . . and insert 
     the following:
       (9) to continue to support implementation of United Nations 
     Security Council Resolution 1172.

  Let me describe what this means and why I am offering it. In May of 
1998, the United Nations Security Council unanimously passed Security 
Council Resolution No. 1172 after India and then Pakistan, detonated 
nuclear weapons. The Security Council unanimously passed a resolution.
  The resolution I have in my hand, in part, says that the Security 
Council is gravely concerned at the challenge that the nuclear tests 
conducted by India and then Pakistan constitute to international 
efforts aimed at strengthening the global regime of nonproliferation of 
nuclear weapons and also gravely concerned at the danger to peace and 
stability in the region.
  Continuing, it says that the resolution condemns the nuclear tests 
conducted by India on 11 and 13 May, 1998, and by Pakistan on 28 and 30 
May, 1998, demands that India and Pakistan refrain from further nuclear 
tests, calls upon India and Pakistan immediately to stop their nuclear 
weapon development programs, to refrain from weaponization or from the 
deployment of nuclear weapons, to cease development of ballistic 
missiles capable of delivering nuclear weapons and any further 
production of fissile material for nuclear weapons; it says the 
Security Council recognizes that the tests conducted by India and 
Pakistan constitute a serious threat to global efforts toward nuclear 
nonproliferation and disarmament, urges India and Pakistan and all 
other states that have not yet done so to become parties to the Nuclear 
Non-Proliferation Treaty and to the Comprehensive Nuclear Test Ban 
Treaty without delay and without conditions.
  That was the reaction of our country and of the United Nations in May 
of 1998, following the detonation of nuclear weapons by both India and 
Pakistan, a point in time in which the world was very concerned about 
those actions.
  Our country then led a multinational effort to pass a resolution in 
the United Nations, Resolution 1172. That resolution, which passed 
unanimously and which has become a resolution that represents our 
policy and our support for these basic tenets, is at odds with the 
underlying legislation being considered by the Senate.
  I offer a piece of legislation, an amendment, that says it is still 
U.S. policy to support the implementations of United Nations Security 
Council Resolution 1172.
  How does this square with what is before the Senate?
  Resolution 1172 demonstrated that our country, the United States, and 
the rest of the international community, agree there should be no 
further nuclear weapons testing in South Asia and there should be an 
end to dangerous nuclear arms competition and no additional nuclear 
weapons produced. That resolution is as relevant today as it was in 
1998.
  Both India and Pakistan have violated Resolution 1172. They continue 
to build nuclear weapons, they produce fissile material for weapons in 
both of those countries, they continue to develop new nuclear-capable 
missiles.
  No one in this Chamber would like to see, in my judgment, India or 
Pakistan resume nuclear testing.
  Now, the Bush administration wants to lift international restrictions 
on nuclear trade with India. It is as if the United Nations Security 
Council resolution doesn't exist, never happened, doesn't apply to our 
country, doesn't apply to India. What does that say to North Korea? 
What does that tell the country of Iran?
  This past July, the United States convinced the Security Council of 
the United Nations to call upon Iran to fully cooperate with the IAEA 
and suspend its uranium enrichment program, stop work on a heavy water 
production. Iran has not complied and the U.S. working with other 
nation states on the Security Council to pass another resolution.
  In October, the Security Council passed Resolution 1718, which 
condemns North Korea's nuclear test and demands that North Korea not 
conduct any further nuclear test or launch of a ballistic missile. It 
also calls on North Korea to abandon all nuclear weapons in existing 
nuclear programs in a complete, verifiable, and irreversible manner; 
also, to give up its ballistic missile program.
  But these resolutions on Iran and North Korea will, in my judgment, 
mean far less if the United States does not reaffirm its commitment to 
Resolution 1172 with respect to India and Pakistan.

[[Page 22146]]

  As the world watches our actions--and we have Ambassador Burns and 
Secretary of State Condoleezza Rice rushing to India to negotiate these 
kinds of agreements that begin to untie and unravel decades of 
leadership by our country against the proliferation of nuclear weapons. 
As the world watches our actions, what will they learn from this 
discussion, from these actions by the Senate? Will they learn today 
that we remain committed to Resolution 1172 of the United Nations?
  It would be, it seems to me, a huge step backward for the Senate to 
say that Resolution 1172, which was our policy, which passed 
unanimously in the United Nations, which called for the cessation of 
the production of additional nuclear weapons by both India and 
Pakistan, if we were to tell the world that somehow that is no longer 
our policy, that is no longer operative--at least it is not operative 
with respect to India and Pakistan.
  As I said earlier, the burden falls to us to stop the spread of 
nuclear weapons. It is our responsibility. We are the major nuclear 
superpower in the world. We inherit the requirement to stop the spread 
of nuclear weapons, keep nuclear weapons out of the hands of 
terrorists, try to prevent a cataclysmic terror attack anywhere in the 
world and especially against the cities of our country by a terrorist 
group who has a nuclear weapon. It is our responsibility to do that.
  What then embraces that responsibility? What kind of things should we 
be doing in the Senate? Should we be deciding in the Senate that one 
way to do that is to allow the production of additional nuclear weapons 
on this Earth? Of course not, that is absurd. Will the underlying bill 
that is before the Senate allow the production of additional nuclear 
weapons? Of course, it will. Everyone agrees with that. We all 
understand that. If that weren't the case, there would not be a 
requirement to keep eight of the nuclear reactors behind a curtain that 
will never be inspected. We understand what is going on.
  I read this morning the statement from one of the top advisers in 
India that said they have a responsibility to move quickly and 
aggressively to continue to build their nuclear deterrent. That is 
exactly what is at work here. Has our country now decided it is not our 
responsibility to stop this? Have we decided to be the green light to 
allow others to build additional nuclear weapons? Is that the junction 
we have reached? Not with my vote.
  I understand all the arguments about the geopolitics and about India 
and China and counterweights and all of these issues. None of it, in my 
judgment, justifies a decision by the United States of America to send 
a signal to the world that we believe it is all right for anybody to 
begin producing additional nuclear weapons.
  Our role, our responsibility, is to find ways today, on Thursday, 
November 16, 2006 to shut down the production of additional nuclear 
weapons, put pressure on those who want to build more nuclear weapons, 
to say to them it is not acceptable to us to have you building 
additional nuclear weapons.
  Yes, that goes for India. It goes for Pakistan. It goes for China. It 
goes for all of those countries.
  That ought to be our message. It ought to be unified. It ought not to 
be convoluted. It ought to be clear. Yet the underlying message with 
what is on the floor of the Senate--again, negotiated by Ambassador 
Burns and Secretary of State Condoleezza Rice, largely in secret; I 
read about it, by the way, in the Washington Post--the underlying 
message is we have decided to develop a relationship with India that is 
a counterweight to China in that region. One way to do that is to allow 
India to be able to purchase the things they need with which to produce 
additional nuclear power.
  They have been prevented from doing that because they refused to sign 
the nonproliferation treaty. They refused to sign that treaty; 
therefore, they have had sanctions against them and resolutions at the 
United Nations enacted that have condemned the actions. And now, in one 
fell swoop, they are told: Never mind. It does not matter. We are 
friends, and that friendship transcends the sanctions that exist for 
those of you who have not signed the nonproliferation treaty.
  I think this is a horrible mistake. Again, I do not question the 
motives of those who disagree with me. But we have made some very 
serious mistakes recently because some big thinkers made some big 
mistakes. This is a very big mistake. It is likely that the Senate will 
pass the underlying legislation today. I will regret that. But if it 
passes that legislation without reaffirming the basic support for 
Resolution 1172, this message today will have been a very destructive 
message to the rest of the world with respect to our country's 
leadership away from nuclear proliferation.
  So, Mr. President, I would hope that we could have a vote on this 
resolution. I have a second resolution that I shall offer. But with 
that discussion of my resolution, I will yield the floor so my 
colleagues can respond to it.
  The PRESIDING OFFICER. The Senator from Indiana is recognized.


                     Amendments Nos. 5179 and 5180

  Mr. LUGAR. Mr. President, I send two amendments to the desk that have 
been cleared on both sides.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Indiana [Mr. Lugar], for Mr. Bingaman, 
     proposes amendments numbered 5179 and 5180, en bloc.

  The amendments are as follows:


                           AMENDMENT NO. 5179

   (Purpose: To require as part of the implementation and compliance 
  report an estimate of uranium use and an analysis of the production 
                   rate of nuclear explosive devices)

       On page 18, beginning on line 7, strike ``existing'' and 
     all that follows through ``description'' on line 9 and insert 
     the following:

     existing agreements;
       (6) an estimate of--
       (A) the amount of uranium mined in India during the 
     previous year;
       (B) the amount of such uranium that has likely been used or 
     allocated for the production of nuclear explosive devices; 
     and
       (C) the rate of production in India of--
       (i) fissile material for nuclear explosive devices; and
       (ii) nuclear explosive devices;
       (7) an analysis as to whether imported uranium has affected 
     the rate of production in India of nuclear explosive devices; 
     and
       (8) a detailed description


                           AMENDMENT NO. 5180

  (Purpose: To establish a United States-India scientific cooperative 
                       threat reduction program)

       At the end of title I, add the following:

     SEC. 114. UNITED STATES-INDIA SCIENTIFIC COOPERATIVE THREAT 
                   REDUCTION PROGRAM.

       (a) Establishment.--The Secretary of Energy, acting through 
     the Administrator of the National Nuclear Security 
     Administration, shall establish a cooperative threat 
     reduction program to pursue jointly with scientists from the 
     United States and India a program to further common 
     nonproliferation goals, including scientific research and 
     development efforts related to nuclear nonproliferation, with 
     an emphasis on nuclear safeguards (in this section referred 
     to as the ``program'').
       (b) Consultation.--The program shall be carried out in 
     consultation with the Secretary of State and the Secretary of 
     Defense.
       (c) National Academies Recommendations.--
       (1) In general.--The Secretary of Energy shall enter into 
     an agreement with the National Academies to develop 
     recommendations for the implementation of the program.
       (2) Recommendations.--The agreement entered into under 
     paragraph (1) shall provide for the preparation by qualified 
     individuals with relevant expertise and knowledge and the 
     communication to the Secretary of Energy each fiscal year 
     of--
       (A) recommendations for research and related programs 
     designed to overcome existing technological barriers to 
     nuclear nonproliferation; and
       (B) an assessment of whether activities and programs funded 
     under this section are achieving the goals of the activities 
     and programs.
       (3) Public availability.--The recommendations and 
     assessments prepared under this subsection shall be made 
     publicly available.
       (d) Consistency With Nuclear Non-Proliferation Treaty.--All 
     United States activities related to the program shall be 
     consistent with United States obligations under the Nuclear 
     Non-Proliferation Treaty.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section for each of fiscal years 2007 through 2011.

  Mr. LUGAR. I urge adoption of the amendments.

[[Page 22147]]

  The PRESIDING OFFICER. Without objection, the amendments are adopted 
en bloc.
  The amendments (Nos. 5179 and 5180) were agreed to.
  Mr. LUGAR. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LUGAR. I would mention, Mr. President, the author of the 
amendments is Senator Bingaman, and one of the amendments is also in 
conjunction with Senator Domenici.


                           Amendment No. 5178

  Mr. President, I want to respond to the distinguished Senator from 
North Dakota briefly. I oppose his amendment. While the amendment would 
merely state that it is U.S. policy to continue to support 
implementation of the Security Council resolution that was passed in 
June 1998 in response to the nuclear weapons tests in South Asia--a 
resolution we voted for--I believe the amendment casts us back to a 
very different time, well before the miraculous changes in India's 
relations with the United States and with the world that occurred as a 
result of the July 2005 Joint Statement and India's decision to turn 
the corner on nonproliferation policy generally.
  I do not believe this bill is the right place to address ourselves to 
the past. This bill is about the future. We have taken adequate account 
in the bill of the concerns the Senator's amendment would address. 
Section 1033 of the Lugar-Biden bill makes it the policy of the United 
States that:

       India remains in full compliance with its non-
     proliferation, arms control, and disarmament agreements, 
     obligations, and commitments.

  Section 108(b) of our legislation requires annual reporting, 
including a detailed description of ``United States efforts to promote 
national or regional progress by India and Pakistan in disclosing, 
securing, capping, and reducing their fissile material stockpiles, 
pending creation of a world-wide fissile material cut-off regime, 
including the institution of a Fissile Material Cut-Off treaty; the 
reactions of India and Pakistan to such efforts; and assistance that 
the United States is providing, or would be able to provide, to India 
and Pakistan'' to promote such objectives.
  In the context of this bill, I do not believe it is appropriate to 
return to the past in a way the Senator's amendment would, and I urge 
defeat of the amendment.
  The PRESIDING OFFICER. The Senator from Delaware is recognized.
  Mr. BIDEN. Mr. President, I rise to speak to the Dorgan amendment. I 
appreciate, respect, and share the sentiment and concern of the Senator 
from North Dakota who has been doggedly supportive of pushing 
nonproliferation and a nonproliferation regime. And if this were 1998 
or 1999, I would support the Senator's amendment. But this is 2006, and 
a great deal has changed since India and Pakistan both exploded nuclear 
devices in 1998.
  The Security Council resolution passed after those tests called for 
several things: one including for India and Pakistan to immediately 
stop their nuclear weapons programs and their ballistic missile 
programs. We wish they would have ceased their nuclear programs. They 
did not. We wish they had ceased their programs with regard to 
missiles. Well, they did not.
  So the fact is, it is not realistic. We wish they would join the 
nuclear test ban treaty. But do we really think that is possible under 
this administration that is not supportive of a comprehensive nuclear 
test ban treaty?
  In this legislation, and in the United States-India nuclear 
agreement, we are making clear that continued cooperation under this 
nuclear agreement and nuclear exports to India will cease if India, 
one, tests a nuclear device, terminates or materially violates its IAEA 
safeguards, materially violates its agreement with the United States, 
or engages in nuclear proliferation.
  Further, the bill requires that India sign a safeguards agreement 
with the IAEA and negotiate an additional protocol. It also requires 
the President to certify that the safeguards agreement is in accordance 
with the IAEA standards, principles, and practices.
  In sum, that is U.S. policy toward India and its nuclear program, and 
I do not see the purpose of revisiting the old history of 1998. We need 
to look forward, and that is what we are doing in this legislation. We 
are using this legislation and the agreement to build a new 
relationship with India on this issue, and also using it as a means to 
strengthen the bilateral relationship across the board. And in doing 
so, we have enshrined important nonproliferation principles into this 
legislation because we cannot turn back the history of 1998.
  So at the appropriate time--and I think we are working now on a 
consent agreement--I would urge the defeat of the Dorgan amendment.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota is recognized.
  Mr. DORGAN. Mr. President, just a couple of----
  Mr. DOMENICI. Mr. President, will the Senator yield just for a 
moment?
  Mr. DORGAN. Yes.
  Mr. DOMENICI. Mr. President, I ask the Senator, how long do you think 
it will take for you to discuss and dispose of your amendment?
  Mr. DORGAN. Mr. President, it is my intention to respond briefly to a 
couple of comments that have been made in objection to my amendment, 
and then to offer my second amendment, per agreement with the chairman. 
That would probably take me about 10 minutes, and to speak in support 
of my second amendment.
  Mr. DOMENICI. Mr. President, I thank the Senator, and I yield the 
floor.
  Mr. DORGAN. Mr. President, I listened intently to my two colleagues 
who apparently cannot find the ability to support this amendment. I do 
want to make a couple of observations. One of my colleagues said that 
India is in full compliance with its commitments. Well, yes, that is 
true. And the reason they are in full compliance with their commitments 
is they do not have the commitments we have. They have not signed the 
nonproliferation treaty. They do not have the commitments that we would 
expect of them. So are they in full compliance with the commitments 
that do not exist? I do not know. I mean, I guess. It is not much of an 
excuse for India, in my judgment. I don't understand that objection.
  The discussion of ``this agreement would cease if the following'' 
omitted one key issue: ``This agreement will cease if India continues 
to produce additional nuclear weapons.'' No, that was not included in 
this bill. Why? Because this agreement allows India to continue to 
produce additional nuclear weapons. That is at the root of this 
agreement; otherwise why would you have nuclear facilities put off 
limits behind a curtain, behind which India can produce additional 
nuclear bombs?
  So this issue of that we have safeguards, and this agreement will 
cease if the following exists, does not include that this agreement 
will cease if India continues to produce additional nuclear weapons. 
Why doesn't it include that provision? Because all of us here know what 
is going to happen. What is going to happen is this agreement is going 
to pass, and our ally, a wonderful country, India, is going to be told 
by this country: It is all right if behind a curtain uninspected 
facilities continue to produce additional nuclear bombs. That is all 
right with us. It works fine with us. It is not all right with me. It 
does not work fine with me.
  The past versus the future? I am glad we are not debating the 
Constitution. That is the past. Man, that is a couple hundred years 
past. What are the virtues of the Constitution? How about the virtues 
of the past, the efforts in the past at nonproliferation, the efforts 
in the past when we were serious about these issues? Really serious. 
And this country took it upon themselves to say: We are going to lead 
the way. We, by God, are going to lead the way because it is our 
burden. It is our responsibility.
  We inherit that requirement. Yes, that is the past, and I am proud of 
that past. In fact, this morning I described part of that past, 
credited, I might say, to my colleague from Indiana and my

[[Page 22148]]

former colleague from Georgia, and my colleague from Delaware. I hold 
in my hand a wing strut from a Soviet bomber that likely carried a 
nuclear weapon, which could have been dropped on an American city.
  That wing strut came from an airplane that was not shot down. That 
airplane was sawed up by an agreement. That sawing of that Backfire 
bomber, whose wing strut I now hold, was paid for by American 
taxpayers. We destroyed nuclear weapons, no, not by battle, not through 
firing our nuclear weapons. We destroyed them by saws and other methods 
of destruction, paid for by the American taxpayer.
  We destroyed nuclear weapons. Four countries that possessed them are 
now free of nuclear weapons. We destroyed delivery systems, Backfire 
bombers, missiles. Yes, that is the past, a past I am enormously proud 
of, a past we need more of, a past we need to learn from.
  The future? The future is a process here by which we say: Do you know 
what. India, you are a good country--and let me join in that 
description of the county of India. But we also say: We don't care so 
much anymore you didn't sign the nonproliferation treaty. We don't care 
that you violated Resolution 1172 of the United Nations. That is all 
OK. And, in fact, we are going to tell the suppliers of the world that 
can supply you with things you need to produce nuclear power go ahead 
and do that. The sanctions are off. We have decided that our position 
has changed. It used to be that we and the rest of the world would not 
allow you to purchase that because you would not sign the 
nonproliferation treaty. We have changed our minds. In fact, we are 
going to tell the suppliers to furnish that to you, and you can use it 
behind the curtain with some of your facilities to produce additional 
nuclear weapons. You can do it because there will be no inspections.
  That, frankly, is the circumstance of this legislation. So we have 
disagreement. I regret that. But I feel very strongly. I know my 
colleagues feel strongly about their position on this issue. I would 
just say, I hope we will not decide today as a Senate to say that 
Security Council Resolution 1172 does not matter because it is old. It 
is timeless. It is not old. It is timeless in its position of what we 
should stand for as a country.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Delaware.
  Mr. BIDEN. Mr. President, I will be very brief.
  As I said, I really admire, respect, and observe the passion of my 
friend from North Dakota on this issue. But I think the comparisons are 
not particularly apt. The wing strut the Senator has was able to be 
held in his hand because two countries--the United States and the 
Soviet Union--concluded that it was in their mutual interest to cease 
and desist and/or significantly reduce the threat each posed to the 
other. And they were the only threats that existed. The only threat to 
the United States from a nuclear capability of an ICBM or a Backfire 
bomber resided in the Soviet Union.
  Now, we tried. I was the author of--and, as a matter of fact, there 
was a South Dakota Senator named Pressler, along with John Glenn, who 
early on put in legislation relating to sanctions for India.
  India obviously violated those sanctions and did not comply with the 
U.N. resolution. But there is a reason for that--not a justification, a 
reason. They looked across their borders north and west and saw two 
nuclear powers--one emerging nuclear power, one existing nuclear 
power--and they concluded, rightly or wrongly, from their perspective 
that they had to be a nuclear power.
  It is clear nonproliferation does not work in a vacuum. 
Nonproliferation entreatments, requests, proddings to a nation that 
finds itself in a situation where it believes it is threatened by a 
nuclear neighbor have not worked particularly well, offering those two 
examples, for example.
  It seems to me what we are attempting to do is the only route to get 
to the point where both India and Pakistan are part of a 
nonproliferation treaty; that is, we are trying to change the regional 
situation on the ground. It is not going to happen through a 
nonproliferation treaty. It is going to happen through a rapprochement 
between India and Pakistan. The idea that we would be able to, through 
any legislation, prevent India from moving forward to add additional 
nuclear weapons, if they so choose to do that--there is no legislation 
we can pass to do that.
  What this legislation does is recognize the reality of the 
geopolitical situation in the region, set up safeguards to deal with 
the ability for India to use anything we are doing with them to be able 
to further advance their nuclear capability, give them a new buy-in to 
an international regime that will have the effect of putting pressure 
on them to move in the direction we and the Soviets moved on back when 
that Backfire bomber strut was sawed off a wing, and that is the route 
we choose. It is not pretty. It is not clear. It is no guarantee. It is 
not certain to succeed. But I do know one thing: Absent this agreement, 
there is a likelihood things get worse instead of better, beyond what 
may already occur.
  I appreciate the Senator's comparisons, but I think they are not as 
apt as they might appear to be because, again, India's motivation, in 
terms of its viewing its need for a nuclear arsenal, is not unlike the 
motivation that existed with regard to the United States and the Soviet 
Union. It is going to take a geopolitical settlement of that, not a 
nuclear arms control agreement imposing a settlement on India and 
Pakistan at this moment, now that the genie is out of the bottle.
  I appreciate my friend's point and respect his point of view, but I 
disagree that it is the best way to move forward.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Let me respond briefly. There is a very big difference 
between this and the agreement we had with the Soviet Union. In the 
Soviet Union agreement, both sides, the United States and the Soviet 
Union, decided they wished to reduce the number of nuclear weapons and 
the delivery systems of those weapons. As a result of that decision, 
both sides wishing to reduce both weapons and delivery systems, we 
embarked on a process that was very helpful to both countries and to 
the world and to world peace. This is very different. This is mutual 
interest.
  But now, we are told it is in our mutual interest, us and India, to 
have India be allowed to produce additional nuclear weapons, not reduce 
nuclear weapons. Under this agreement, everyone will agree, India will 
be allowed to increase nuclear weapons. If India is allowed to increase 
nuclear weapons under this agreement, that is very different from the 
agreement we had with the Soviets by which we decided to reduce.
  The point is, this agreement says it is in our mutual interest to 
allow India to increase its production of nuclear weapons. That is 
clearly not in our mutual interest, but that is what the resolution 
says.
  Second, my colleague is right, none of this operates in a vacuum. 
This will not be in a vacuum, either. Pakistan will insist on producing 
more nuclear weapons. So will China. Pakistan has already told our 
country: If you are going to do this with India, we want you to do it 
with us. So this decision will not be made in a vacuum vis-a-vis India; 
this decision will have an impact regionally and around the world.
  My colleague is very skillful in presenting his position. I admire 
both of my colleagues and their skill and determination as well. We 
just have a difference of opinion. I think this is a very significant 
mistake.
  I have a second amendment which I will send to the desk and offer for 
its consideration and try to truncate the description of that very 
briefly, if that is appropriate to the chairman.
  Mr. LUGAR. Mr. President, may I respond briefly to my colleague?
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. It would be my hope--and let me discuss this quickly--that 
the debate on the first amendment of Senator Dorgan is completed. 
Secondly, I want a short time for Senator

[[Page 22149]]

Domenici of New Mexico to make a statement. And then thirdly, we will 
proceed to the introduction of Senator Dorgan's second amendment. My 
hope would be that a unanimous consent will be formulated--I know staff 
from both sides are working on that--that will provide for rollcall 
votes on both Dorgan amendments and then, at the conclusion of the 
debate of the distinguished Senator from New Mexico, on the Bingaman 
amendment, perhaps a stack of three votes for the convenience of 
Senators. I am broaching that, not asking for everybody to agree, but I 
am hopeful that would be a general agreement of those who are around at 
this point.
  It is my hope that the distinguished Senator from New Mexico might be 
recognized.
  The PRESIDING OFFICER. The Senator from New Mexico is recognized.
  Mr. DOMENICI. Mr. President, I thank the distinguished chairman, 
Senator Lugar, for arranging for my few remarks before he proceeds.
  After committing to a framework 16 months ago, President Bush and 
India's Prime Minister announced an agreement earlier this year on 
civil nuclear cooperation between our two countries. I believe they 
recognize this historic moment in our history, one that requires vision 
and foresight to anticipate the world as it will be rather than stuck 
in the past wishing things somehow would be different. Some will argue 
that we must pursue a better deal approaching perfection, but the deal 
that has been negotiated is a good one that we must pursue now and 
begin taking steps to strengthen the nonproliferation regime with India 
by our side.
  Senators Lugar and Biden and the Foreign Relations Committee have 
done an admirable job of striking a balance that anticipates this 
future. This strong, bipartisan bill represents a critical step toward 
strengthening an eroding nonproliferation framework. We only need look 
at North Korea and Iran for evidence that this erosion is taking place 
and as a wake-up call that fundamental change is needed. The global 
community must work together to assure the peaceful pursuit of civilian 
nuclear waste.
  This historic agreement is a critical step that moves the United 
States and India toward a strategic relationship between our great 
democracies. Through this relationship, built on strength, we can 
jointly work toward a vision of a proliferation-free world. I 
understand that is a vision. It is not real even now. And while things 
might even look a little worse, the truth is, the relationship we are 
building with what we are agreeing to here on the floor, when that 
completes its course and becomes a reality, then that means we are 
building toward a proliferation-free world.
  India is a worthy partner. That was one of the basic questions: 
Should you enter into this agreement with a partner that has not been 
part of the ordinary, agreed-upon, acceptable accords and agreements 
between countries heretofore? I would remind everyone that India is the 
largest democracy--a population currently over 1 billion and expected 
to surpass China in the next 50 years. It has a rapidly expanding 
economy with a growth rate of over 7 percent a year in 2005, a rapidly 
expanding economy that is the envy of almost all countries that have 
free and open democracies. This agreement with India brings global 
transparency to India's entire civilian nuclear program. We forget that 
India's civilian and military program still remains closed to global 
scrutiny. Under this agreement, the entire civilian program, 65 percent 
of all nuclear activity and eventually 90 percent of all nuclear 
activity, will open to monitoring by the IAEA. Obviously, we ought to 
start, if that is where we are going to end up, because that is as good 
as we are going to do. And certainly we ought to be grateful that 
through the leadership of the President and now the leadership of the 
Congress, we can get there.
  The people are similar to the American people. They desire a better 
life for themselves and their children. Rapid economic growth that has 
led to improving their standard of living is projected to result in a 
doubling of the energy needs of their country in the next 25 years. 
India must make choices today that drive their energy mix in the 
future.
  Like many countries, they have chosen nuclear power to improve their 
energy security while reducing reliance on imports. India currently has 
nine reactors under construction and plans to grow the nuclear share to 
25 percent by 2050. That is 100 times the 2002 capacity. Cooperation 
with India will lead to significant opportunities for U.S. industry to 
help assure India's energy mix, including nuclear power, is clean, 
diversified, and proliferation-resistant.
  I strongly support an evolving strategic U.S. relationship with India 
that this agreement promotes. We ought to be proud of it and move with 
dispatch. It is the world's largest democracy and a worthy partner that 
we can work with in our pursuit of global security. I have worked with 
Senator Lugar in the past on nonproliferation measures that required 
vision and foresight. With India also, we must look to our future. I 
urge my colleagues to support this bill and urge dispatch in 
consideration of the balance of the subject matter.
  I thank Senator Lugar for obtaining time for me on the floor, and I 
yield the floor.
  Mr. LUGAR. Mr. President, I thank the distinguished Senator from New 
Mexico, Mr. Domenici, for his very strong statement, and I simply want 
to mention again how much I appreciate working with him over the years. 
The Nunn-Lugar-Domenici legislation was extremely important throughout 
a good part of the last decade, and on the nonproliferation efforts he 
has been a champion in the Senate. We appreciate his contribution to 
this debate today.
  Mr. DOMENICI. Thank you, Senator Lugar.
  Mr. LUGAR. I thank the Senator.
  Mr. President, I note the presence of the distinguished Senator from 
North Dakota. We indicated that he would continue by offering his 
second amendment, and I would advise him to do so, if he is prepared.


                           Amendment No. 5182

  Mr. DORGAN. Mr. President, I call up amendment No. 5182 and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from North Dakota [Mr. Dorgan] proposes an 
     amendment numbered 5182.

  Mr. DORGAN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:


                           AMENDMENT NO. 5182

(Purpose: To require as a precondition to United States-India peaceful 
 atomic energy cooperation a determination by the President that India 
has committed to certain basic provisions consistent with United States 
 nonproliferation goals and the obligations and political commitments 
  undertaken by State Parties to the Nuclear Non-Proliferation Treaty)

       On page 8, beginning on line 8, strike ``Group; and'' and 
     all that follows through ``the Nuclear'' on line 9 and insert 
     the following:

     Group;
       (8) India has committed to--
       (A) the development of a credible separation plan between 
     civilian and military facilities by ensuring all reactors 
     that supply electricity to the civilian sector are declared 
     and are subject to permanent IAEA standards and practices;
       (B) a binding obligation to the same extent as nuclear-
     weapon State Parties under the Nuclear Non-Proliferation 
     Treaty--
       (i) not to transfer to any recipient whatsoever nuclear 
     weapons or nuclear explosive devices or control over such 
     devices directly or indirectly; and
       (ii) not in any way to assist, encourage, or induce any 
     non-nuclear-weapon State Party to manufacture or otherwise 
     acquire nuclear weapons or other nuclear explosive devices or 
     acquire control over such weapons or explosive devices; and
       (C) consistent with the Nuclear Non-Proliferation Treaty--
       (i) pursuing negotiations in good faith on effective 
     measures relating to cessation of the nuclear arms race at an 
     early date and to nuclear disarmament, including ending 
     fissile material production for nuclear weapons;
       (ii) joining a legally-binding nuclear test moratorium;

[[Page 22150]]

       (iii) verifiably reducing its nuclear weapons stockpile; 
     and
       (iv) eventually eliminating all nuclear weapons; and
       (9) the Nuclear


                    Amendment No. 5178, as Modified

  Mr. DORGAN. Mr. President, I ask unanimous consent to offer a 
modification to the first amendment I offered today. The amendment had 
two line numbers in it that were made to the original copy of the 
legislation. That legislation was subsequently changed. So let me ask 
unanimous consent that on the initial amendment I offered today, on 
line 1, the reference to line 15 be struck, and it is line 8; on line 
2, the reference to line 15 be struck, and it is line 9.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5178), as modified, is as follows:

       On page 5, beginning on line 8, strike ``Treaty; and'' and 
     all that follows through ``that exports'' on line 9 and 
     insert the following:

     Treaty;
       (9) to continue to support implementation of United Nations 
     Security Council Resolution 1172 (1998); and
       (10) that exports

  Mr. DORGAN. Mr. President, the second amendment I have sent to the 
desk says that before this United States-India agreement can go into 
effect, the President must submit to the Congress a written 
determination that India has committed to certain basic provisions 
consistent with U.S. nonproliferation goals and with the NPT, the 
nonproliferation treaty. It requires the President to determine that 
India has committed to, for example, putting all of its reactors that 
supply electricity to the civilian sector under the IAEA inspection 
regime. This would close a loophole that exists in the proposed 
agreement, and that loophole allows India to keep electricity-producing 
reactors out of the IAEA inspection regime. Eight of them will be out 
of the regime, and those eight are going to be behind a curtain, unable 
to be inspected, and able to produce the materials to produce 
additional nuclear weapons. Fourteen of the existing and planned 
nuclear reactors would be inspected, and eight of them would not.
  If those other eight reactors produce civilian electricity, my 
amendment would require that India allow inspection of them.
  The bill as now written would allow India to produce energy with 
nuclear reactors that are closed to IAEA safeguards. My amendment says 
that is a loophole which should not be allowed. If India can keep 
energy-producing reactors outside of these safeguards, why shouldn't 
other countries be allowed to do so? How will our country say to 
others: Well, we have special deals. We have loopholes here for one, 
but we are not consistent. There is no consistency with respect to our 
position on these issues.
  The amendment also requires India to undertake a binding obligation 
not to assist, encourage, or induce nonnuclear weapons states to 
manufacture or otherwise acquire nuclear weapons. That is what our 
country has obligated itself to do under the nonproliferation treaty. 
It is what other nuclear weapons states have done as well, including 
Russia, China, Britain, and France. They have all agreed to and signed 
the nonproliferation treaty and agreed to that basic provision, a 
binding obligation not to assist, encourage, or induce nonnuclear 
weapons states to manufacture or acquire nuclear weapons.
  Lastly, my amendment requires the President to determine that India 
has committed itself to pursuing negotiations on measures directed at 
reducing nuclear stockpiles and eventually eliminating nuclear weapons. 
These are the same commitments, the very same commitments our country 
has made, the same commitments other nation states which have signed 
the nonproliferation treaty have made. So I believe it is appropriate 
that if we have this agreement with India dealing with the issue of 
nuclear weapons, they should be under the same obligations we are 
under. Even though they have not signed the nonproliferation treaty, we 
have. We have obligations under that treaty. They should accept the 
obligations under that treaty, in my judgment, even though they have 
not yet signed it.
  This debate today has been interesting and, in many ways, very 
frustrating as well. I intend to support very aggressively the 
amendment offered by my colleague from New Mexico, Senator Bingaman. I 
believe that amendment is very important and at the root of much of 
what I have talked about today as well.
  It seems to me this is a case for our children and our grandchildren 
about what kind of a world they are going to live in. It is 
interesting. If you just fast forward from 1960 to 1980 to 2000 and 
fast forward from 2001 to today, we went through a Cold War with the 
Soviet Union where we had heavy nuclear weapons, huge nuclear weapons 
with big bombers and powerful missiles aimed at each other, so we had a 
Cold War. Massive numbers of nuclear weapons were built. We had a 
standoff between our country and the Soviet Union. There was great 
concern and worry that somehow, something would happen in which someone 
would launch a missile or a submarine or an airplane would launch a 
missile with a nuclear weapon and we would start a nuclear war and our 
two countries would be obliterated. It didn't happen. Instead, we chose 
a much more constructive direction.
  We and the Soviet Union began what is called arms control talks, and 
we reached arms control agreements. Those agreements began the 
destruction of weapons systems, delivery systems, nuclear weapons. I 
admit that a very small amount of those delivery systems and nuclear 
weapons were actually destroyed, but some of them were. It was actually 
moving in the right direction rather than the wrong direction. We 
developed a test ban treaty. We led the way. We said: We are going to 
no longer test nuclear weapons. We said that to the world. A 
nonproliferation treaty. We said this is important to do, and we were 
the leaders in saying this is the right course for the world. Now we 
are told: You know what, that is old-fashioned; that is the past; this 
is the future. I say that what we did then is timeless. These values 
don't change, the value of deciding that our future ought to be a 
future with fewer nuclear weapons rather than more nuclear weapons.
  If anyone has listened closely, they will know there has been no 
refutation of the assertion that some of my colleagues and I have made 
that this agreement will mean we have more nuclear weapons produced. No 
one has disputed that. This agreement means we are signing up to have 
more nuclear weapons produced on this Earth. One--just one--nuclear 
weapon in the hands of a terrorist group pulling up to a dock in a 
major American city on a container ship at 2\1/2\ or 3 miles an hour 
can potentially kill hundreds of thousands of American citizens--just 
one--and there are 30,000 out there. Can anyone here tell me that every 
one of those 30,000 is safeguarded and that no terrorist organization 
will acquire one? Can anybody tell me that is going to be the case?
  I started this morning talking about a CIA agent called Dragon Fire 
who reported 1 month after 9/11 that a Russian 10-kiloton nuclear 
weapon had been stolen by a terrorist group and taken into New York 
City and was about to be detonated. That episode has been written about 
in a book. Most of us have heard of it. It was a time when for a month 
we didn't know if it was true or not. It wasn't disclosed publicly 
because there would have been mass hysteria if it was thought that a 
10-kiloton nuclear weapon had been stolen from Russia and was now in 
New York City about to be detonated. It eventually was discovered that 
had not happened. But when they did the postmortem on that situation, 
it was understood that it was clearly possible. Russia had those 
weapons. They were not safeguarded well. They are not, and they were 
not. They could have been stolen. It could have been smuggled into a 
major American city by a terrorist group and it could have been 
detonated, killing hundreds of thousands of people. That is the 
consequence of one nuclear weapon. Just one. We have 30,000 or so on 
this Earth. What are we doing today? We are saying it is all right if 
they build more--in this case, India. It is OK if they build more.

[[Page 22151]]

  This is not going to be done in a vacuum. What we do here today will 
have consequences for Pakistan, it will have consequences for China. 
You think they won't decide if India is going to be allowed to build 
more nuclear weapons that they won't build more nuclear weapons? Of 
course they will. That is what this is about.
  I understand it is argued that this is geopolitics; you don't 
understand it; you can't see over the horizon. Maybe not. What I do 
understand is that this world will be a safer place with fewer nuclear 
weapons, this world will be a safer place if we care about 
nonproliferation, if we reduce the number of nuclear weapons, and this 
world will not be safer if at the end of today we have decided that we 
have given a green light to a world with more nuclear weapons.
  I hope my colleagues will agree with me and support my amendment.
  I yield the floor.
  Mr. LUGAR. Mr. President, I intend to offer a short statement 
opposing the amendment. I would ask Members to be alert to the 
possibility that following my statement, Senator Biden has indicated he 
would put his statement in the Record if this plan can then be 
accepted, and we would then proceed to three rollcall votes: an 
amendment offered by the distinguished Senator from New Mexico, Mr. 
Bingaman, and two amendments offered by the distinguished Senator from 
North Dakota, Mr. Dorgan. For the convenience of our colleagues, those 
three votes would come without pause, thus minimizing the dislocation 
of Members' schedules and accelerating our consideration of this 
debate.
  I am certain the Chair has heard that Senator Biden and I, for many 
of our colleagues who were hopeful that we could proceed in a 
responsible way but conclude the debate today, on Thursday, are 
attempting to do that, and we appreciate the cooperation of our 
colleagues.
  Having said that, Mr. President, let me state my opposition to the 
second amendment offered by the distinguished Senator from North 
Dakota. His amendment would, in fact, undo the entire effort we have 
achieved with India over the past year. Not only would he revise 
India's civilian military separation plan with his amendment, but he 
would require India to assume the obligations of a nuclear weapons 
state under the Nuclear Non-Proliferation Treaty, the NPT. This is, in 
effect, a perfect killer amendment. It should be strongly opposed by 
every Member of this body who supports an improved relationship with 
India.
  The Senator's amendment adds two new determination requirements to 
our bill: first, that India's separation plan result in a situation 
wherein all reactors that supply civilian power are declared to the 
IAEA and under safeguards; and second, that India assume certain NPT 
obligations. This is unnecessary and would do us great harm. It adds a 
new element in the separation plan that the President did not negotiate 
and would undo the deal we have reached.
  India's separation plan is credible and sound, according to criteria 
developed by the administration in its negotiations with India. As 
Secretary Rice stated last April:

       For the plan to be transparent, it had to be articulated 
     publicly.

  It has been.

       For it to be credible and defensible from a 
     nonproliferation standpoint, it had to capture more than just 
     a token number of Indian nuclear facilities--

  Which it did----

       by encompassing nearly two-thirds of India's current and 
     planned thermal power reactors, as well as all future civil, 
     thermal, and breeder reactors. Importantly, for the 
     safeguards to be meaningful, India had to commit to apply 
     IAEA safeguards in perpetuity.

  It did so.
       Once a reactor is under IAEA safeguards, those safeguards 
     will remain there permanently and on an unconditional basis. 
     Further, in our view, the plan also needed to include 
     upstream and downstream facilities associated with the 
     safeguarded reactors to provide a true separation of civil 
     and military programs. India committed to these steps, and we 
     have concluded that its separation plan meets the criteria 
     established: it is credible, transparent, and defensible from 
     a nonproliferation standpoint.

  The amendment changes the metrics for a credible and defensible 
separation plan by including that such a plan must mean that any 
reactor supplying power must be declared. As Secretary Rice stated 
before the committee:

       Regardless of whether they might be used to generate 
     electric power or not, reactors that are not declared civil, 
     and thus are not under IAEA safeguards, cannot legitimately 
     receive nuclear fuel or other nuclear cooperation from any 
     State party to the NPT.

  The second element in the Senator's amendment would require India to 
assume the obligations of a nuclear weapon state party to the NPT.
  The administration was careful not to term India a ``nuclear weapon 
state'' with similar rights and obligations as those five nations in 
the NPT with status as lawful weapon states--France, Russia, China, the 
U.K., and the U.S.--and instead termed India in the July 2005 joint 
statement a ``responsible state with advanced nuclear technology.'' 
This was necessary to do no harm to U.S. and other weapons states' 
status under the treaty.
  The Senator's amendment would create obligations similar to those of 
weapon states for India through creating a determination requirement 
that the President must make wherein India has assumed the obligations 
of a nuclear weapon state under the NPT. I would argue that this is not 
necessary, since it could well provoke India to walk away from the 
obligations they would assume under our 123 Agreement with them and 
leave the restraint we might get through that deal on their weapons 
program on the negotiating table.
  India has stated they have no intention to sign or become a party to 
the NPT, as a weapon state or otherwise. India's July 2005 joint 
statement commitments are significant, but they do not include NPT 
membership.
  I urge defeat of the amendment; it is a killer.
  Mr. BIDEN. Mr. President, I want to associate myself with the remarks 
made by the Senator from Indiana.
  The amendment requires India to declare as civil reactors all 
reactors that supply electricity to the civil sector.
  There is no way that India will accept this.
  I might wish they would, but they will not.
  That's because for decades, they have built reactors that can be 
either civil or military.
  So India has reserved as military enough reactors to produce more 
plutonium for nuclear weapons--in case they decide they need to do 
that.
  But India will also use those reactors for electric power.
  If this amendment is enacted, India will have to choose to either 
make all its power reactors civil, and build new ones to produce 
plutonium; or waste the electric power capability of its current 
military reactors.
  India will not do that.
  So this is a killer amendment.
  It's also a killer amendment because it requires India to commit to 
verifiably reduce its nuclear weapons stockpile.
  I wish India would do that--but it will not.
  India fears both Pakistan and China, which also have nuclear weapons.
  The Dorgan amendment does not require Pakistan and China to reduce 
their stockpiles, only India.
  This is a non-starter for India.
  Finally, the amendment requires India to commit to ``joining a 
legally-binding, nuclear test moratorium.'' I wish India would do that. 
I hope the administration will push for that.
  But for now, there is only one ``legally-binding, nuclear test 
moratorium.'' It is called the Comprehensive Test-Ban Treaty.
  And I do not think this administration will press India to join that 
treaty.
  So, I sympathize with all of the concerns raised by this amendment. 
But I know that it would kill the nuclear deal.
  That is the bottom line: if we support the deal, we have to reject 
this amendment.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, I ask unanimous consent that the Senate

[[Page 22152]]

proceed to a series of stacked votes in relation to the following 
amendments: the Bingaman amendment No. 5174, the Dorgan amendment No. 
5178, as modified and the Dorgan amendment No. 5182; further, that 
there be no second degrees in order to any of the amendments prior to 
the votes, that there be 2 minutes of debate equally divided before the 
second and third votes.
  The PRESIDING OFFICER. Is there objection?
  Mr. BIDEN. Mr. President, reserving the right to object, I think 
there is a need for a mild correction.
  Mr. DORGAN. Mr. President, I ask unanimous consent that my second 
amendment be considered, notwithstanding the Harkin amendment that was 
previously offered.
  The PRESIDING OFFICER. Is there objection to the primary request?
  Mr. BINGAMAN. Mr. President, could I ask the floor manager? I would 
prefer if we had 2 minutes equally divided prior to the first vote as 
well since there has been some time since we debated it. I want the 
chance to explain it for 1 minute before we have a vote.
  Mr. LUGAR. Mr. President, I amend the request to include 2 minutes of 
debate on the Bingaman amendment No. 5174 prior to the vote.
  The PRESIDING OFFICER. Is there objection to the unanimous consent 
request, as amended?
  Mr. DORGAN. Mr. President, let me ask the chairman. I wish to respond 
for 2 minutes to the comments which the chairman just made in 
opposition to my amendment prior to proceeding to the vote.
  Mr. LUGAR. I have no objection to that. I amend the request to 
include 2 minutes of debate by Senator Dorgan.
  The PRESIDING OFFICER. Is there objection, as amended? Without 
objection, it is so ordered.


                           Amendment No. 5182

  Mr. DORGAN. Mr. President, I will try not to take the 2 minutes, but 
it is important to point out the chairman, in responding--and I suspect 
the ranking member in his response--is saying this is a killer 
amendment. It is not offered as a killer amendment, but it is the case 
that my amendment would impose upon India exactly the same burdens that 
exist upon our country. My colleague, the chairman, said the President 
``did not negotiate''--he started the sentence. That is what brings me 
to the floor--that the President ``did not negotiate.'' What he did not 
negotiate was a requirement and a burden on India which clearly is a 
nuclear weapons state. He did not negotiate a requirement and a burden 
on them that we ourselves assume under the nonproliferation treaty. My 
amendment would simply provide that requirement and that burden to the 
country of India.
  I come from a town of 300 people. I have to relearn always the 
lessons of the Senate--and not just the Senate but the way the 
Government works. In my hometown you always call things just the way 
they are. You saw it, you spoke it, and described it. In this body, 
however, now we know that India has a nuclear weapon--has many of them. 
We know they have detonated them, and we know they are a nuclear 
weapons state. So we have decided as a country officially to describe 
India as a responsible state with nuclear technology as opposed to a 
nuclear weapons state. I don't know; maybe it works here. It doesn't 
work in my hometown. We have to call things as we see them.
  We have responsibilities--all of us do. Our responsibility is, I 
think, toward nonproliferation, to stop the spread of nuclear weapons, 
to reduce the number of nuclear weapons. I regret that the underlying 
piece of legislation is going to result in more nuclear weapons being 
built.
  The second amendment I have offered is an amendment that simply says 
let us impose on those with whom we negotiate the same burdens we 
inherit ourselves. In fact, the United States negotiated with India in 
the way that exempts them from those burdens. I think that is 
fundamentally wrong.
  I yield the floor.
  The PRESIDING OFFICER. There is 2 minutes equally divided on the 
Bingaman amendment.


                           Amendment No. 5174

  Mr. BINGAMAN. Mr. President, I will briefly describe the Bingaman 
amendment. It is an amendment that puts into effect the recommendations 
Senator Nunn made in his op-ed piece in the Wall Street Journal in May 
of this year. It says that as to nuclear equipment and technology, 
before we can export or reexport to India nuclear equipment or 
technology, the President must first determine that both India and the 
United States are taking specific steps to conclude a fissile material 
cutoff treaty.
  Second, the amendment says that before any nuclear materials fuel can 
be exported to India, the President must determine that India has 
stopped producing fissile materials for weapons.
  This is a reasonable amendment. This does not kill the deal, as I 
would see it. This is something which India has stated a willingness to 
generally abide by. I think this is the least we can insist upon. I 
hope very much my colleagues will support this amendment.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, I will oppose this amendment as it goes 
significantly beyond the commitments India made in the joint statement. 
India will regard this particular requirement that India stop producing 
fissile materials for weapons as moving the goalposts and an 
unacceptable renegotiation of the deal--a bad-faith effort on our part.
  India maintains that they cannot agree to a unilateral cap at this 
time. We should not hold up the significant nonproliferation gains 
afforded by the initiative in order to seek a fissile material cap that 
India indicates it cannot agree to absent a similar commitment by 
Pakistan and China. Pakistan continues to produce fissile material for 
weapons-related purposes and China has not committed to a moratorium on 
such production. Unfortunately, in my judgment, this is truly a killer 
amendment. I strongly encourage that amendment be defeated.
  Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. LUGAR. Mr. President, I ask for the yeas and nays on the next two 
amendments.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. Who yields time on the next amendment?
  Mr. LUGAR. Mr. President, my impression was that the call was for the 
vote and then a 2-minute debate.
  The PRESIDING OFFICER. The Senator from Indiana is correct.
  The question is on agreeing to the Bingaman amendment. The yeas and 
nays have been ordered, and the clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. The following Senator was necessarily absent: the 
Senator from Wyoming (Mr. Thomas).
  The PRESIDING OFFICER (Mr. Alexander). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 26, nays 73, as follows:

                      [Rollcall Vote No. 265 Leg.]

                                YEAS--26

     Akaka
     Baucus
     Bingaman
     Boxer
     Byrd
     Cantwell
     Conrad
     Dayton
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Jeffords
     Johnson
     Kennedy
     Lautenberg
     Leahy
     Lincoln
     Menendez
     Mikulski
     Obama
     Pryor
     Reed
     Salazar

                                NAYS--73

     Alexander
     Allard
     Allen
     Bayh
     Bennett
     Biden
     Bond
     Brownback
     Bunning
     Burns
     Burr
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeMint
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Kerry
     Kohl
     Kyl
     Landrieu
     Levin
     Lieberman
     Lott
     Lugar
     Martinez
     McCain
     McConnell
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Reid
     Roberts
     Rockefeller
     Santorum

[[Page 22153]]


     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thune
     Vitter
     Voinovich
     Warner
     Wyden

                             NOT VOTING--1

       
     Thomas
       
  The amendment (No. 5174) was rejected.
  Mr. LUGAR. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Kentucky.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the next 
rollcall votes be 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Amendment No. 5178, as Modified

  The PRESIDING OFFICER. There are now 2 minutes equally divided prior 
to a vote on the Dorgan amendment No. 5178, as modified.
  The Senator from North Dakota.
  Mr. DORGAN. Mr. President, my amendment, in light of the underlying 
bill brought to the floor of the Senate, would express that we would 
continue to support the implementation of the United Nations Security 
Council Resolution 1172.
  The reason that is important is it had been the policy of this 
country to not only author but to support that resolution after India 
and Pakistan exploded their nuclear weapons.
  It calls on them to immediately stop their nuclear weapons 
development programs, refrain from weaponization or deployment of 
nuclear weapons, cease the development of ballistic missiles, and so 
on.
  That has been a very important tenet of this country in supporting 
that United Nations Resolution 1172. Despite what we are doing in the 
underlying bill, I would hope this country and this Senate would 
express our support for that which we drafted and that which we 
encouraged the rest of the world to support some while ago.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, I ask that Members oppose the Dorgan 
amendment on the basis that the resolution he talks about is an 
important one, but it talks about a time in which our relationship with 
India was very different. It talks about the past. We have been very 
fortunate in this country to move into a better relationship with 
India, to a point where we are now going to be in India. The IAEA is 
going to be in India. We are going to be able to observe a bulk of the 
nuclear reactors and programs there and to work with India in peaceful 
development.
  There was a time when we did not have that relationship. By ``we,'' I 
mean the United States and the international community. The situation 
in India is constructive. This is a time to celebrate and to move on 
that momentum.
  I ask that the Dorgan amendment be defeated.
  The PRESIDING OFFICER. The question is on agreeing to the amendment, 
as modified. The yeas and nays were previously ordered. The clerk will 
call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. The following Senators were necessarily absent: the 
Senator from Arizona (Mr. McCain) and the Senator from Wyoming (Mr. 
Thomas).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 27, nays 71, as follows:

                      [Rollcall Vote No. 266 Leg.]

                                YEAS--27

     Akaka
     Bingaman
     Boxer
     Byrd
     Clinton
     Conrad
     Dayton
     Dodd
     Dorgan
     Durbin
     Feingold
     Harkin
     Jeffords
     Johnson
     Kennedy
     Kerry
     Landrieu
     Lautenberg
     Leahy
     Menendez
     Mikulski
     Nelson (FL)
     Obama
     Reid
     Salazar
     Schumer
     Stabenow

                                NAYS--71

     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bond
     Brownback
     Bunning
     Burns
     Burr
     Cantwell
     Carper
     Chafee
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeMint
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Feinstein
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Kohl
     Kyl
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McConnell
     Murkowski
     Murray
     Nelson (NE)
     Pryor
     Reed
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thune
     Vitter
     Voinovich
     Warner
     Wyden

                             NOT VOTING--2

     McCain
     Thomas
      
  The amendment (No. 5178), as modified, was rejected.
  Mr. LUGAR. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from North Dakota is recognized.


                           Amendment No. 5182

  Mr. DORGAN. Mr. President, the second amendment I had offered says 
that before the United States-India agreement can go into effect, the 
President must submit to the Congress a written determination that 
India has committed to certain basic provisions that are consistent 
with the U.S. nonproliferation goals and with the nonproliferation 
treaty. In other words, I would suggest that we should impose the same 
burdens on India as we have on ourselves. There is great reluctance to 
do that by this Chamber, but that was my amendment. I must say there is 
very little education in a third vote if I believe it weakens our 
efforts in nonproliferation nuclear weapons. So rather than have a 
third recorded vote, I will ask that we vitiate the recorded vote and 
vote on this amendment by voice.
  The PRESIDING OFFICER. Is there objection?
  Without objection, the yeas and nays are vitiated.
  Is there further debate? If not, the question is on agreeing to the 
amendment, as modified.
  The amendment, as modified, was not agreed to.
  Mr. LUGAR. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LUGAR. Mr. President, I would like to indicate that the 
distinguished Senator from Nevada will offer an amendment. We will then 
proceed to the Old Senate Chamber for a debate on that amendment. I 
think we have an agreement that the extent of the debate will be no 
more than 60 minutes. We would return to this Chamber for the actual 
vote on the Ensign amendment, following the debate in the Old Senate 
Chamber. Therefore, the Senator from Nevada should be recognized so 
that he can start that process.


                           Amendment No. 5181

  Mr. ENSIGN. Mr. President, I call up amendment No. 5181 and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Ensign] proposes an amendment 
     numbered 5181.

  Mr. ENSIGN. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:


                           AMENDMENT NO. 5181

  (Purpose: To ensure that IAEA inspection equipment is not used for 
                          espionage purposes)

       Strike section 262 and insert the following:

     SEC. 262. IAEA INSPECTIONS AND VISITS.

       (a) Certain Individuals Prohibited From Obtaining Access.--
     No national of a country designated by the Secretary of State 
     under section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371) as a government supporting acts of international 
     terrorism shall be permitted access to the United States to 
     carry out an inspection activity under the Additional 
     Protocol or a related safeguards agreement.
       (b) Presence of United States Government Personnel.--IAEA 
     inspectors shall be accompanied at all times by United States

[[Page 22154]]

     Government personnel when inspecting sites, locations, 
     facilities, or activities in the United States under the 
     Additional Protocol.
       (c) Use of United States Equipment, Materials, and 
     Resources.--Any inspections conducted by personnel of the 
     IAEA in the United States pursuant to the Additional Protocol 
     shall by carried out using equipment, materials, and 
     resources that are purchased, owned, inspected, and 
     controlled by the United States.
       (d) Vulnerability and Related Assessments.--The President 
     shall conduct vulnerability, counterintelligence, and related 
     assessments not less than every 5 years to ensure that 
     information of direct national security significance remains 
     protected at all sites, locations, facilities, and activities 
     in the United States that are subject to IAEA inspection 
     under the Additional Protocol.

  Mr. LUGAR. Mr. President, I understand that the Senator from 
Delaware, as the ranking member, will offer the official motion sending 
us over to the Chamber.
  The PRESIDING OFFICER. The Senator from Delaware is recognized.
  Mr. BIDEN. Mr. President, if I understand the parliamentary situation 
properly, and I am not sure I do, I ask unanimous consent that 
following the offering of the Ensign amendment, the Senate stand in 
recess subject to the call of the Chair so that it may reconvene 
pursuant to the previous order.
  I further ask that the following Senate staff be permitted to attend 
the closed session, and I send the list to the desk.
  The list is as follows:

       Mike Disilvestro; Joel Breitner; Mary Jane McCarthy; Paul 
     Nelson; Richard Verma; Stephen Rademaker; Marcel Lettre; 
     Nancy Erickson; Lynne Halbrooks; Scott O'Malia; Pam Thiessen; 
     Thomas Moore; Lynn Rusten; Ed Corrigan; Rexon Ryu; Ken Myers 
     III; Ken Myers, Jr; Brian McKeon; Ed Levine; Madelyn Creedon; 
     Nancy Stetson; Diane Ohlbaum; Anthony Blinken; Janice 
     O'Connell.

  Mr. BIDEN. Mr. President, before the Chair rules, I will remind 
Senators that those who attend the closed session are not permitted to 
bring any electronic devices into the Old Senate Chamber. Mr. 
President, I send to the desk the list of the names of the staff 
members that could be present.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.

                          ____________________




                RECESS SUBJECT TO THE CALL OF THE CHAIR

  The PRESIDING OFFICER. The Ensign amendment now being the pending 
question, the Senate stands in recess subject to the call of the Chair.
  Whereupon, the Senate, at 3:43 p.m, recessed subject to the call of 
the Chair and reassembled at 4:59 p.m. when called to order by the 
Presiding Officer (Ms. Murkowski.)
  Mr. LUGAR. Madam President, we are now prepared to vote in relation 
to the Ensign amendment. I ask unanimous consent that following that 
vote, Senator Feingold be recognized to offer his amendment and that 
there be 90 minutes equally divided on that amendment. I further ask 
unanimous consent that following the use or yielding back of time on 
that amendment, it be set aside, and Senator Boxer be recognized in 
order to offer her amendment; provided further that there be 45 minutes 
equally divided in relation to that amendment. Further, that following 
that time the Senate proceed to a vote in relation to the Feingold 
amendment, to be followed by a vote in relation to the Boxer amendment, 
with no second-degrees in order, and following these votes, the bill be 
read for a third time and the Senate proceed to a vote on passage of 
the House bill as provided in the previous order. I would also ask that 
there be 2 minutes equally divided for debate prior to each vote.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. LUGAR. I thank the Chair. We are now prepared to vote in relation 
to the Ensign amendment.
  The PRESIDING OFFICER. Do Senators yield time on the amendment?
  Mr. LUGAR. Yes.


                       Vote on Amendment No. 5181

  The PRESIDING OFFICER. All time is yielded. The question is on 
agreeing to the amendment. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. The following Senator was necessarily absent: the 
Senator from Wyoming (Mr. Thomas).
  Mr. DURBIN. I announce that the Senator from Vermont (Mr. Jeffords) 
is necessarily absent.
  The result was announced--yeas 27, nays 71, as follows:

                      [Rollcall Vote No. 267 Leg.]

                                YEAS--27

     Allard
     Bunning
     Coburn
     Coleman
     Collins
     Conrad
     Cornyn
     DeMint
     Dole
     Dorgan
     Ensign
     Enzi
     Frist
     Grassley
     Gregg
     Hutchison
     Inhofe
     Johnson
     Kyl
     Lott
     McConnell
     Menendez
     Santorum
     Sessions
     Smith
     Snowe
     Sununu

                                NAYS--71

     Akaka
     Alexander
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brownback
     Burns
     Burr
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Craig
     Crapo
     Dayton
     DeWine
     Dodd
     Domenici
     Durbin
     Feingold
     Feinstein
     Graham
     Hagel
     Harkin
     Hatch
     Inouye
     Isakson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCain
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sarbanes
     Schumer
     Shelby
     Specter
     Stabenow
     Stevens
     Talent
     Thune
     Vitter
     Voinovich
     Warner
     Wyden

                             NOT VOTING--2

     Jeffords
     Thomas
       
  The amendment (No. 5181) was rejected.
  Mr. LUGAR. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER (Mr. Isakson). Under the previous order, the 
Senator from Wisconsin is recognized. Will the Senator suspend?
  Did the distinguished chairman wish to be recognized?
  Mr. LUGAR. Mr. President, just for clarification, I ask unanimous 
consent that the Feingold and Boxer amendments be in order, 
notwithstanding adoption of the Harkin amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LUGAR. I thank the Chair.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. LEAHY. Mr. President, will the Senator yield for a parliamentary 
inquiry?
  Mr. FEINGOLD. I yield.
  Mr. LEAHY. Mr. President, how long did we spend in that last 15-
minute rollcall?
  The PRESIDING OFFICER. We spent approximately 39 minutes.
  Mr. LEAHY. Thirty-nine?
  The PRESIDING OFFICER. Thirty-six. I apologize.
  Mr. LEAHY. Thirty-six for a 15-minute rollcall. I am just curious, 
for those of us who might actually have a life after dark around this 
place, how much longer the rest will be.
  I thank the Chair.
  The PRESIDING OFFICER. The Chair would recognize that the 
distinguished majority leader's retirement recognition with the Vice 
President was being held, and that was probably the delay, for the 
meeting.
  The Senator from Wisconsin.
  Mr. FEINGOLD. Thank you, Mr. President.


                           Amendment No. 5183

  Mr. President, I send an amendment to the desk, and I ask for its 
immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Wisconsin [Mr. Feingold] proposes an 
     amendment numbered 5183.

  Mr. FEINGOLD. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

[[Page 22155]]



(Purpose: To require as a precondition to United States-India peaceful 
 atomic energy cooperation determinations by the President that United 
     States nuclear cooperation with India does nothing to assist, 
encourage, or induce India to manufacture or acquire nuclear weapons or 
                    other nuclear explosive devices)

       On page 8, beginning on line 17, strike ``Group; and'' and 
     all that follows through ``(8) the Nuclear'' on line 18 and 
     insert the following:

     Group;
       (8) the scope and content of United States nuclear 
     cooperation with India in the proposed nuclear cooperation 
     agreement pursuant to section 123 a. of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2153(a)) does nothing to directly or 
     indirectly assist, encourage, or induce India to manufacture 
     or otherwise acquire nuclear weapons or other nuclear 
     explosive devices, or control over such weapons or explosive 
     devices, specifically that--
       (A) India cannot use United States-origin equipment, 
     technology, or nuclear material in an unsafeguarded facility 
     or nuclear weapons-related complex; and
       (B) India cannot replicate and subsequently use United 
     States-origin technology in an unsafeguarded nuclear facility 
     or unsafeguarded nuclear-related complex, or for any activity 
     related to the research, development, testing, or manufacture 
     of nuclear explosive devices;
       (9) India has provided sufficient assurances that the 
     provision by the United States of nuclear fuel will not 
     facilitate the increased production by India of fissile 
     material in unsafeguarded nuclear facilities; and
       (10) the Nuclear

  Mr. FEINGOLD. Mr. President, the relationship between the United 
States and India is very important. As we look ahead to the coming 
decades, it is clear that United States-India relations will be 
integral to establishing a secure, sustainable, and prosperous 
international system--not only in the Asian region but around the world 
as India increasingly grows into its role as a global power.
  And, of course, India, in many ways, is a natural ally of the United 
States. We share a great deal in common as ethnically diverse, 
religiously tolerant democratic societies. Our peoples are innovative, 
driven, and eager to participate in the global economy. We both face 
the threat of terrorism. India occupies an important position in an 
important part of the world, and by itself represents over l7 percent 
of the world's total population. We absolutely should be working to 
strengthen our relationship with this important partner, and seeking 
ways to deepen our strategic ties.
  While I want to strengthen the relationship between the United States 
and India, this bill would do more than simply bring our two nations 
closer together. It would pave the way for civilian nuclear cooperation 
between the United States and India for the first time since India 
exploded a nuclear device in the 1970s. If this bill is passed, it will 
dramatically shift 30 years of nonproliferation policy. Specifically, 
this bill would have serious consequences for the Nuclear Non-
Proliferation Treaty, the international nonproliferation regime, and 
U.S. national security. Such a fundamental change in policy should not 
be undertaken lightly, which is why it is crucial that this body fully 
discuss and understand the implications of this bill.
  In my work on the Foreign Relations Committee, I have had a chance to 
study this issue and this legislation closely. I have talked to a 
number of people, on all sides of this issue: senior officials from the 
administration, business groups, nonproliferation and arms control 
experts, Indian officials, and concerned citizens in my home State of 
Wisconsin. The committee held a number of hearings to examine the 
issue, and the panelists we heard from represented a wide range of 
opinions on the prospect of nuclear cooperation with India. And after 
all of this careful consideration, I have to report that I am left with 
some deep concerns regarding what this legislation means for United 
States national security.
  The primary consideration for us in the U.S. Senate as we debate this 
bill should be this: will this legislation make the citizens of the 
United States more secure or less? As we consider this fundamental 
shift in the international nonproliferation regime, we must make sure 
that we have adequate protections in place to guard against the further 
spread of nuclear weapons and weapons technology.
  The threat of nuclear weapons to the United States and the spread of 
nuclear weapons and nuclear material are among the gravest dangers that 
our country faces. It is crucial to our national security that the 
nuclear non-proliferation framework remains strong. I want to make sure 
that the United States, as a signatory to the Nuclear Non-Proliferation 
Treaty, is working to strengthen the international treaties and regimes 
that have been designed to prevent the spread of nuclear weapons. A 
world with more nuclear weapons is, simply put, a more dangerous world.
  So that is why I am offering an amendment to this bill that spells 
out in greater detail that nuclear cooperation between the United 
States and India will be only civilian in nature, and that none of the 
assistance the United States provides will be used for strengthening or 
further developing India's nuclear weapons arsenal. This is completely 
in line with President Bush's and Secretary Rice's statements about the 
deal, and is something the United States is already committed to under 
article I of the NPT. My amendment simply makes it a binding 
requirement: Before the nuclear cooperation agreement can go into 
effect, the President of the United States must certify that the scope 
and content of the agreement does nothing to contribute directly or 
indirectly to the development of India's nuclear weapons arsenal. This 
amendment will strengthen this bill. It will enhance transparency. And 
it will send a clear message to the world that the United States will, 
in fact, abide by its commitments and is working within the letter and 
spirit of the agreements and treaties to which it is party.
  Allow me to quote from article I of the Nuclear Non-Proliferation 
Treaty, because I think it will help to set forth the obligations of 
the agreement the United States is a party to. Article I states that:

       Each nuclear-weapon State Party to the Treaty undertakes 
     not to transfer to any recipient whatsoever nuclear weapons 
     or other nuclear explosive devices or control over such 
     weapons or explosive devices directly, or indirectly; and not 
     in any way to assist, encourage, or induce any non-nuclear 
     weapon State to manufacture or otherwise acquire nuclear 
     weapons or other nuclear explosive devices, or control over 
     such weapons or explosive devices.

  Let me repeat that second clause, because it is what my amendment 
intends to address: ``not in any way to assist, encourage, or induce 
any non-nuclear weapon State to manufacture or otherwise acquire 
nuclear weapons or other nuclear explosive devices, or control over 
such weapons or explosive devices.''
  India is considered to be a nonnuclear weapon state for the purposes 
of the NPT, and we are therefore prohibited from assisting their 
nuclear weapons program. My amendment will require the President to 
make determinations to ensure that we are in line with that treaty 
obligation. First, the President would have to certify to Congress that 
the scope and content of the nuclear cooperation agreement that he 
negotiates will not contribute to India's nuclear weapons program--
specifically that it does not: Allow for the use of U.S.-origin 
equipment, technology, or material in an unsafeguarded Indian nuclear 
facility; or allow for the replication and subsequent use of U.S.-
origin technology for any activity related to nuclear explosive 
devices.
  Second, the President would have to certify that he had received 
sufficient assurances from the Government of India that nuclear fuel 
provided by the United States will not facilitate the increased 
production by India of fissile material for weapons use.
  Both India and the United States should feel comfortable with this 
amendment; it only requires that the United States certify that this 
deal is in line with our current commitments. It will go a long way to 
enhance transparency and reassure all sides that this civil nuclear 
cooperation agreement does not have any military aspects.
  This is particularly important now, as we face nuclear crises in 
North Korea and Iran. While we are pressuring those countries to submit 
to

[[Page 22156]]

international inspections and abide by the Nuclear Non-Proliferation 
Treaty, it is crucial that we not simultaneously be seen to undermine 
the NPT's foundations by our actions. My amendment sends a clear 
message that the United States stands by the spirit and the letter of 
the NPT. Rejecting my amendment would send a dangerous signal to Iran, 
North Korea and other states that we are not taking seriously our 
international commitments, and that the NPT is no longer relevant.
  As you can see, my amendment is quite detailed in spelling out 
exactly how assistance to India's weapons program is defined, and what 
activities should be prohibited under the terms of the agreement. The 
second determination, which relates to the provision of nuclear fuel by 
the United States, is particularly important, because it gets to the 
heart of concerns about a possible buildup of nuclear weapons. 
Currently, India's production of weapons grade plutonium is constrained 
by its limited domestic supply of natural uranium. Experts, from former 
Senator Sam Nunn former Assistant Secretary of State for 
Nonproliferation Bob Einhorn, have expressed concern that by providing 
nuclear fuel to India through this agreement, India's domestic supply 
of uranium might be freed up in order to accelerate the production of 
nuclear weapons materials.
  And in fact, the Indians themselves have expressed this possibility. 
Listen to the words of a former head of the Indian National Security 
Advisory Board, less than a year ago:

       Given India's uranium ore crunch and the need to build up 
     our minimum credible nuclear deterrent arsenal as fast as 
     possible, it is to India's advantage to categorize as many 
     power reactors as possible as civilian ones to be refueled bv 
     imported uranium and conserve our native uranium fuel for 
     weapons grade plutonium production.

  This is from an article entitled ``India and the Nuclear Deal,'' in 
the Times of India on December 12, 2005.
  This is a former high-level Indian Government official, arguing less 
than a year ago that India should increase its production of weapons 
material through the provision of imported uranium. I am, frankly, 
concerned by that prospect. India has said that its strategic nuclear 
weapons program, and the production of fissile material, is unrelated 
to this deal. Secretary Rice and other members of the administration 
have assured us of the same thing. In fact, in its official response to 
one of Senator Lugar's questions last year, the State Department noted 
that ``nothing to be provided to India under the Initiative will be 
used to enhance India's military capability or add to its military 
stockpile.''
  If that is truly the case--and I believe both sides when they say 
that expanding India's nuclear weapons arsenal is not a goal of this 
agreement--then my amendment should be absolutely uncontroversial. It 
simply makes those claims binding, by requiring the President to make 
such a determination.
  Some of my colleagues might ask, if we are already committed to non-
assistance under the NPT, and if members of the administration have 
assured us that this is the case, why is this amendment necessary? 
After all, requiring a presidential determination is a big deal. My 
response is that this issue is a big deal. Nonassistance to India's 
nuclear weapons program is such a critical aspect of this agreement 
that it must be spelled out within the legislation in clear, concrete 
terms, leaving no question or ambiguity. It is an issue that demands 
the high bar of a presidential determination to Congress.
  And there is a significant precedent for such determination The 1985 
Agreement for Nuclear Cooperation Between the United States and China 
required a presidential determination on nonassistance to China's 
nuclear weapons program--one of only two binding presidential 
determinations included in that legislation. Specifically, the law 
stated that the U.S.-China nuclear cooperation agreement could not go 
into force until the President provided a certification to Congress 
that the agreement was designed ``to be effective in ensuring that any 
nuclear material, facilities, or components provided under the 
Agreement shall be utilized solely for intended peaceful purposes as 
set forth in the Agreement.''
  In 1985, the Members of this body deemed that one of the two things 
the President of the United States should have to make a certification 
about prior to nuclear cooperation with another country was that our 
civilian cooperation would in no way assist that country's weapons 
program. My amendment is identical in scope and purpose, and should be 
passed. If anything, there are even more reasons to push for such a 
determination with regard to India, given that India is a nonsignatory 
to the Nuclear Non-Proliferation Treaty.
  Some may argue that the President cannot make such a determination--
that the President cannot know in advance what India will do with 
material we provide to them. But this amendment is about the scope and 
content of the agreement, and about assurances received from the Indian 
government. It is about our current actions, and the strength of the 
agreement that the President negotiates. And in fact, the President 
made exactly such a determination, in 1998, when he submitted 
Presidential Determination 98-10 to the U.S. Congress to enable nuclear 
cooperation with China to move forward under that agreement.
  If this body is afraid that the President would be unable to make 
such a determination with respect to India, I ask one question: why 
then are we pursuing this deal? If we cannot be reasonably certain that 
this agreement will not help India to expand its nuclear arsenal, how 
good a deal is this? This should be a simple calculation based on the 
best interests of the United States.
  My colleagues are aware that I voted against this legislation in 
committee. I stated at the time of my vote that I was not opposed to 
the deal in principle, but was committed to working constructively to 
strengthen this bill when it came to the floor, because I still had 
concerns that had not been addressed. I stand by that statement. I 
would like to see an agreement that brings our countries closer 
together strategically, while preserving our national security 
interests.
  However, since the time of the committee hearing, more information 
has come to light that further justifies the concerns I expressed 
earlier, and which I would like to share with my colleagues.
  First of all, since that time, the State Department released a report 
sanctioning two Indian firms for illicit missile-related transactions 
with Iran. This report was 10 months overdue and was not released until 
1 day after the House voted on its version of this legislation. There 
are a number of things that I find troubling about this report and the 
way it was released, but the biggest is that it seems to contravene the 
Bush administration's assertions that India has a stellar 
nonproliferation record. At a minimum, this report demonstrates that 
there continue to be legitimate concerns about the spread of dangerous 
weapons technology, know-how, and equipment--in India and elsewhere.
  Secondly, there have been troubling signals coming from the Indian 
Government itself about its commitment to nonproliferation controls. In 
an August 17 speech to the Indian Parliament, Prime Minister Singh 
declared that India would not agree to any changes to the nuclear deal 
imposed by the U.S. Congress: ``We will stick to the parameters of the 
agreement signed in Washington last year and this alone will be the 
basis of nuclear cooperation,'' he said. He specifically noted that 
India would not allow ``external supervision'' of its strategic nuclear 
programs, and argued that President Bush had committed to providing an 
``uninterrupted supply of fuel''--presumably, even if India were to 
detonate another nuclear device. Prime Minister Singh also stated that 
``there is no question of India being bound by a law passed by a 
foreign legislature.'' This raises significant concerns in my mind as 
to whether India would accept the important elements of this 
legislation that the U.S. Congress will put in place if it passes.
  Finally, there have been signs of an increasingly warm official 
relationship between India and Iran. I note the

[[Page 22157]]

irony of the timing: at the same time we are debating passage of a bill 
that will lend considerable assistance to India's nuclear program, we 
are doing everything in our power to prevent Iran from furthering its 
own nuclear program. I would like to read a couple of quotes from 
Indian Prime Minister Singh, who had a meeting with Iranian President 
Ahmadinejad on the sidelines of the Non-Aligned Movement Summit in Cuba 
in September. Following the meeting, Prime Minister Singh stated that 
``India is determined to consolidate cultural, economic, and political 
ties with Iran,'' and he expressed regret over the ``misunderstanding 
caused about India's stance on Iran's peaceful nuclear program,'' 
stressing that India would ``never join any efforts against Iran.'' I 
don't think it takes very much reading between the lines to doubt that 
India will support us in our efforts to curtail Iran's nuclear 
program--one of the most important national security challenges facing 
our country at this time.
  As further evidence of the support for my amendment, I would like to 
submit for the Record a letter that was recently signed by a wide range 
of non-proliferation experts, former senior government officials, and 
respected scientists. I ask unanimous consent that this letter be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                 Fix the Nuclear Trade Deal With India

                                                November 13, 2006.
     U.S. Senate,
     Washington, DC,
     Attn: Foreign Affairs Staff.
       Dear Senator: We are writing again to urge you and your 
     colleagues to support amendments that would address serious 
     flaws that still plague the proposed U.S.-Indian nuclear 
     trade legislation (S. 3709), which may be considered this 
     month. Despite some important adjustments made to the 
     administration's original proposal by the Foreign Relations 
     Committee, the arrangement would have far-reaching and 
     adverse effects on U.S. nonproliferation and security 
     objectives. We believe the legislation must include further 
     improvements in several key areas, among them:
       A determination, prior to resumption of full nuclear 
     cooperation, that India has stopped the production of fissile 
     material (plutonium and highly enriched uranium) for weapons 
     or else joined a multilateral fissile production cutoff 
     agreement;
       A determination and annual certification that U.S. civil 
     nuclear trade does not in any way assist or encourage India's 
     nuclear weapons program;
       Measures to ensure that the United States does not continue 
     to provide nuclear assistance directly or through other 
     suppliers in the event that India breaks the nonproliferation 
     commitments outlined on July 18, 2005; and
       A determination that the Government of India (GOI) or GOI-
     affiliated entities are not engaged in illicit procurement of 
     WMD-related items.
       We believe these measures are necessary because India has 
     neither joined the nuclear Nonproliferation Treaty (NPT), nor 
     accepted safeguards on all of its nuclear facilities, and 
     India's nonproliferation policy is not fully consistent with 
     the nonproliferation practices and responsibilities expected 
     of the original nuclear-weapon states.
       Under the proposed nuclear cooperation deal, India has 
     pledged to accept safeguards at only eight additional 
     ``civilian'' nuclear facilities by 2014. India has not yet 
     agreed that safeguards on these facilities would be 
     permanent. Current and future military-related nuclear 
     reactors, enrichment and reprocessing facilities, and weapons 
     fabrication facilities would remain unsafeguarded. Partial 
     International Atomic Energy Agency (IAEA) safeguards would do 
     nothing to prevent the continued production of fissile 
     material for weapons in unsafeguarded facilities. 
     Consequently, foreign supplies of nuclear fuel to India could 
     assist India's bomb program by freeing-up its existing 
     limited capacity to support the production of highly enriched 
     uranium and plutonium for weapons.


                      Fissile Material Production

       To help ensure that U.S. civilian nuclear cooperation is 
     not in any way advancing India's weapons program and is not 
     contributing to nuclear arms competition with Pakistan and 
     China, Congress should require that the President determines 
     that India has stopped fissile material production for 
     weapons or has joined a multilateral production ban before 
     the United States resumes full civil nuclear assistance to 
     India. Four of the five original nuclear-weapon states--
     France, Russia, the United Kingdom and the United States--
     have publicly declared that they have stopped fissile 
     material production for weapons. China is also believed to 
     have stopped such production.
       India's commitment to support U.S. efforts to negotiate a 
     global fissile material cutoff treaty (FMCT) is a laudable 
     but somewhat hollow promise. Differences between the United 
     States and most other states (including India) on whether 
     such a treaty should be verified and competing priorities at 
     the 65-nation Conference on Disarmament make the prospects 
     for the conclusion of an FMCT difficult.
       If India is truly committed to a ``minimal credible 
     deterrent,'' India should be able to declare as a matter of 
     national policy that it has stopped fissile material 
     production for weapons, or else join the United States, 
     China, France, Pakistan, Russia, and the United Kingdom in a 
     multilateral fissile cutoff agreement, pending the completion 
     of a global, verifiable FMCT. The Congress should direct the 
     President to actively pursue the early conclusion of such an 
     interim cutoff agreement with India and other relevant 
     parties, pending the entry into force of a global FMCT.


            Nonassistance to India's Nuclear Weapons Program

       The Senate bill should also require that prior to 
     implementation of a U.S.-Indian nuclear cooperation 
     agreement, the President make a determination that the 
     proposed U.S. civil nuclear assistance will not, in any way, 
     assist India's nuclear weapons program. Such a determination 
     should take into account the possible replication and 
     subsequent use of any U.S.-origin technology in an 
     unsafeguarded nuclear facility and the provision of nuclear 
     fuel in such a manner as to facilitate the increased 
     production of highly enriched uranium or plutonium in 
     unsafeguarded nuclear facilities for weapons purposes. Such a 
     determination would help maintain confidence that the United 
     States is complying with its NPT Article I commitment not to 
     assist other states' nuclear weapons programs. The Senate 
     should also agree to provisions in the House bill (H.R. 5682) 
     requiring annual executive branch reports on whether any such 
     assistance has occurred, and on India's uranium mining and 
     fissile material production rates, and other related matters.


            Termination of Trade and Fuel Supply Assurances

       S. 3709 now makes clear that if India conducts another 
     nuclear test explosion or otherwise violates the terms of an 
     agreement for nuclear cooperation, U.S. nuclear assistance 
     would be jeopardized. The bill also states that it is the 
     policy of the United States not to facilitate nuclear trade 
     by other nations with India if U.S. exports are interrupted.
       However, India is insisting that the United States help 
     provide an assured nuclear fuel supply, even in the event 
     that the New Delhi government conducts a nuclear test 
     explosion or otherwise violates the terms of a future 
     agreement for nuclear cooperation with the United States. 
     Such a guarantee would be unprecedented and unwise. Congress 
     should further clarify that the United States shall not 
     provide or facilitate the supply of nuclear fuel to India if 
     the Government of India resumes nuclear testing or fails to 
     meet other provisions in U.S. law.


                  guarding against illicit procurement

       The Senate should also address the fact that some Indian 
     government-affiliated enterprises have a history of 
     attempting to bypass export laws designed to keep U.S. and 
     other foreign technology from contributing to its weapons 
     effort. Congress should require that before the 
     implementation of any U.S.-Indian agreement for civil nuclear 
     cooperation, the President must make a determination that the 
     Indian government or entities under its jurisdiction are not 
     engaged in the illicit procurement of commodities controlled 
     under the guidelines of the Nuclear Suppliers Group (NSG) or 
     the Missile Technology Control Regime (MTCR).


               retain useful nonproliferation provisions

       We also urge Congress to retain several important elements 
     already included in S. 3709 that would help reduce the 
     adverse impacts of the initiative. Among these are the 
     provisions requiring that a new safeguards agreement between 
     the IAEA and India has entered into force and that such 
     safeguards are consistent with IAEA standards, principles, 
     and practices, and that such safeguards are permanent before 
     any expanded nuclear cooperation can take place. To date, 
     India has not begun formal talks with the IAEA on such 
     safeguards and is reportedly seeking ``India-specific'' 
     safeguards that would be contingent on continued fuel 
     supplies. This is not consistent with the IAEA safeguards 
     applicable in the Indian case, which are known as INFCIRC/
     66.Rev.2 safeguards.
       With respect to the Section 106 provision restricting the 
     transfer of enrichment and reprocessing technologies, for 30 
     years U.S. nonproliferation policy has sought to discourage 
     the spread of sensitive nuclear technology. As President Bush 
     said in February 2004, ``enrichment and reprocessing are not 
     necessary for nations seeking to harness nuclear energy for 
     peaceful purposes.'' Current U.S. nuclear cooperation 
     agreements, including those with EURATOM, Japan, and China, 
     expressly prohibit transfers of such technologies, which can 
     be used to make nuclear bomb material. India should not in 
     any way be an exception to that important policy.

[[Page 22158]]

       To ensure that India is meeting other key obligations 
     outlined in the July 18, 2005 Joint Statement, the Senate 
     should retain language in the House bill requiring that a 
     U.S. Indian agreement for nuclear cooperation shall be 
     terminated if India makes a materially significant transfer 
     that does not conform with the guidelines of the NSG or MTCR. 
     Congress should recall that in the past 20 months, seven 
     Indian entities have been sanctioned by the U.S. Government 
     for transfers of weapons-related items to Iran, including 
     sanctions announced in July for transfers of chemicals useful 
     for missile propellant manufacture.
       Finally, the legislation wisely codifies commitments made 
     by senior Bush administration officials that before the 
     United States may engage in wider nuclear trade with India, 
     it must also secure the consensus approval of the 45-nation 
     NSG. The group operates under guidelines established in 1992 
     that restrict trade with states (such as India) that do not 
     accept full-scope safeguards on all of their nuclear 
     facilities. If the United States or other states seek to 
     sidestep the NSG's consensus decision-making process, the NSG 
     may cease to function as an important barrier against the 
     transfer of nuclear material, equipment, and technologies for 
     weapons purposes.
       Without the inclusion of the provisions we have described, 
     the legislation for renewed nuclear cooperation with India 
     will have far-reaching and adverse implications for U.S. 
     nuclear nonproliferation and international objectives.
       While we agree that building upon the already strong U.S.-
     Indian partnership is an important goal, we remain convinced 
     that it can and should be pursued without undermining the 
     U.S. leadership efforts to prevent the proliferation of the 
     world's most dangerous weapons.
           Sincerely,
         Harold Bengelsdorf, Consultant, and former Director of 
           the Office for Nonproliferation Policy at the Energy 
           Department and former Office Director for Nuclear 
           Affairs at the State Department; Joseph Cirincione, 
           Senior Vice President for National Security and 
           International Policy, Center for American Progress; 
           Ralph Earle II, Former Director, U.S. Arms Control and 
           Disarmament Agency; Robert J. Einhorn, Former Assistant 
           Secretary of State for Nonproliferation; Lt. General 
           Robert G. Gard, Jr. (USA, ret.); Ambassador Robert 
           Grey, Director, Bipartisan Security Working Group, and 
           Former U.S. Representative to the Conference on 
           Disarmament; Frank von Hippel, Professor of Public and 
           International Affairs, Program on Science and Global 
           Security Princeton University; John D. Holum, Former 
           Undersecretary of State for Arms Control and 
           International Security Affairs and Former director of 
           the U.S. Arms Control and Disarmament Agency; John D. 
           Isaacs, President, Council for a Livable World; 
           Spurgeon M. Keeny, Former Deputy Director U.S. Arms 
           Control and Disarmament Agency; Daryl G. Kimball, 
           Executive Director, Arms Control Association; Lawrence 
           Korb, Former Assistant Secretary of Defense for 
           Manpower, Reserve Affairs, Installations and Logistics; 
           Fred McGoldrick, Consultant, and Former Director of 
           Nonproliferation and Export Policy at the State 
           Department; Kelly Motz, Associate Director, Wisconsin 
           Project on Nuclear Arms Control; Christopher Paine, 
           Senior Nuclear Program Analyst, Natural Resources 
           Defense Council; William Potter, Institute Professor, 
           Monterey Institute of International Studies; Lawrence 
           Scheinman, Distinguished Professor at the Center for 
           Nonproliferation Studies, and former Assistant Director 
           of the U.S. Arms Control and Disarmament Agency; 
           Leonard Weiss, Former Staff Director of the Senate 
           Subcommittee on Energy and Nuclear Proliferation and 
           the Committee on Governmental Affairs.

  Mr. FEINGOLD. Briefly, the letter notes that there are still flaws 
that remain in S. 3709, and urges the Senate to adopt at least four 
measures to address them. The second of their four recommendations for 
improvements is that there be ``a determination and annual 
certification that U.S. civil nuclear policy does not in any way assist 
or encourage India's nuclear weapons program.'' My amendment is 
directly in line with the advice of these leading experts, and 
addresses an important shortfall in the legislation as it stands now.
  I acknowledge that the U.S. business community has come out strongly 
in support of this legislation. I would only like to add a note of 
caution to their optimism. There is nothing in this deal that would 
secure U.S. contracts or guarantee an increase in U.S. business. The 
U.S. is not the only one in the nuclear market. Australia and Russia 
have already indicated they are working with India to sell fuel, and 
companies from Great Britain, France, and Russia have viable civil 
reactor technology that they will certainly pitch to India. It is far 
from a foregone conclusion that U.S. companies will directly benefit 
from the deal. In the 8 years that nuclear trade has been permitted 
with China, the United States has sold exactly zero nuclear reactors to 
China--zero. I bring this up to point out that some of the benefits of 
this deal may be exaggerated, and we should remember the overriding 
priority as we consider this legislation: whether it will make the 
citizens of the United States more safe, or less.
  Mr. President, in closing, I would like to put in a brief word of 
appreciation for the substantial amount of work done on this bill by 
Senator Lugar, Senator Biden, and their staffs. This bill is a real 
improvement over the original proposal put forward by the 
administration, but there are still a few shortcomings that remain. My 
amendment would address what I, and many others, see as one of the main 
outstanding concerns with the bill. It will ensure that this agreement 
is in line with our non-proliferation obligations and protects U.S. 
national security, without putting any undue burdens on the U.S. or our 
Indian partners. It is a nonpartisan, commonsense amendment, in line 
with previous legislation, and I hope that all of my colleagues will 
consider voting in favor of it.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, I thank the distinguished Senator from 
Wisconsin for his very important contributions to the Senate Foreign 
Relations Committee and the specific contributions he has made to the 
discussion of this legislation. Reluctantly, I rise in opposition to 
his amendment.
  In my judgment--and I don't use the term unadvisedly--this is truly a 
killer amendment. If accepted, it would require the United States and 
India to renegotiate the civilian nuclear agreement on which we are 
having our debate this evening. I state categorically: India has 
nuclear weapons. Let me repeat that: India has nuclear weapons and has 
stated its intent to keep them. The critical issue we must consider in 
examining each of the amendments that have come before us is whether 
the U.S. national security is advanced by engaging India and by 
increasing the IAEA oversight of the India nuclear program. I believe 
the answer is yes, and as a result I support this agreement and I 
oppose amendments such as the one now before us that would require 
renegotiation or make implementation of the agreement impossible.
  While the Feingold amendment appears harmless, it requires the 
President to certify that no form of the U.S. civilian nuclear 
cooperation with India will in any way assist, encourage, or induce 
India to manufacture or otherwise acquire more nuclear weapons in the 
future. This certification demanded by the amendment is impossible to 
make, and even if it could be made, it would be ineffective. How do we 
expect the President of the United States to predict the future? 
Clearly we do not expect, plan, or intend for this agreement to aid 
India's nuclear program. We have taken numerous steps to prevent this 
from happening. We are confident that we have already put the necessary 
provisions in place in this agreement.
  A Presidential certification as required by the amendment is a legal 
pledge to Congress. Senate bill 3709 requires a number of 
certifications, but it does so based upon information in the 
President's possession. We do not ask the President to predict the 
future or make a judgment when the necessary information is 
unavailable.
  This is not the first time the Senator from Wisconsin has offered 
this amendment. The Senate Foreign Relations Committee voted 13 to 5 to 
defeat the same amendment during our markup of S. 3709. During the 
markup, the administration strongly opposed the amendment and expressed 
its view that it was a killer amendment.
  Senator Biden and I do not believe this amendment is necessary. We 
share

[[Page 22159]]

the concerns Senator Feingold has expressed, but we believe we have 
addressed them in the committee-passed bill in a manner consistent with 
our agreement with India and in a way that avoids renegotiation.
  First, the United States is obligated by article I of the 
nonproliferation treaty not to engage in any nuclear cooperation that 
would assist India's nuclear weapons program. Nothing in the United 
States-India agreement violates this obligation. In reality, this 
agreement encourages India to produce fewer nuclear weapons by 
requiring more Indian facilities to be placed under IAEA safeguards. We 
must remember that the United States will not cooperate with any Indian 
facility, site, or location that is not under IAEA safeguards. In other 
words, the IAEA will have inspection rights at those places where U.S. 
exports are utilized.
  Second, S. 3709 requires that the IAEA safeguards be supplemented by 
bilateral end-use monitoring requirements under section 107. In other 
words, if the IAEA were forced to suspend their oversight of India's 
commitments, the administration is required to have a backup plan in 
place to ensure that American technologies and materials are not 
misused or misdirected to India's nuclear program.
  Third, the bill requires the President of the United States to inform 
Congress of any Indian violation of their commitments under the 
agreement. This preserves Congress's oversight role and permits us to 
act should Indian behavior require a reexamination of the cooperative 
agreement.
  Fourth, section 109 states that no authority under S. 3709 can be 
used to violate U.S. commitments under the Nuclear Non-Proliferation 
Treaty. U.S. contributions to the Indian nuclear program would be a 
blatant violation of this treaty commitment. Senator Biden and I 
thought it was critically important to reinforce the Senate's strong 
support for the NPT by insisting that our country continue to comply 
with its requirements.
  Lastly, sensitive transfers most likely to aid India's nuclear 
programs are prohibited by this bill. Section 106 forbids trade in 
enrichment, reprocessing, and heavy water technologies unless those 
transfers are under international supervision and then only to create 
proliferation-resistant versions. By prohibiting the transfer of these 
technologies, we ensure that U.S. assistance does not inadvertently 
assist India's weapons program.
  India is not required to declare to the IAEA any information on the 
production of highly enriched uranium or plutonium. Its nuclear 
enrichment and processing plants will also be outside IAEA safeguards. 
Without access to this information, it will be impossible for the 
United States to evaluate Indian production of fissile material. 
Consequently, it is impossible to determine whether an increase in 
Indian military fissile material production occurred because of foreign 
nuclear reactor fuel supply. In fact, India's own uranium mining and 
milling will probably play a much larger role in any analysis on this 
subject.
  In sum, it is simply not possible to verify the relationship between 
the delivery of foreign fuel exports to India and the possibility of 
increases in Indian production of highly enriched uranium or separated 
plutonium, nor is it possible to analyze the relationship between 
future exports and domestic production. India is not required to share 
this information. The IAEA does not have access to these facilities. 
Requiring the President of the United States to certify something he 
has insufficient information to determine is unwise and potentially 
harmful, and the amendment clearly demands that the President make that 
certification. Congress will be kept completely informed on 
developments in this area through the existing reporting requirements 
of S. 3709.
  Mr. President, for all of these reasons, I oppose this amendment. I 
ask Senators to vote no when the roll is called.
  I thank the Chair, and I yield the floor.
  Mr. FEINGOLD. Mr. President, I thank the Senator from Indiana. It is 
late, and I think that people already have a sense of where they will 
go with this amendment, but I do want to make a couple of points for 
the record, given how important this amendment is and how important 
this agreement is.
  The chairman suggests that what we would do here with this amendment 
would somehow force the renegotiation of the agreement. I don't accept 
that notion. But I would say, given the importance of making sure this 
isn't used for nuclear weapons, it is well worth renegotiating if it 
actually required that. But I don't think it does.
  More importantly, it just doesn't make any sense to me that such an 
amendment would require the full renegotiation of the agreement when 
you look at the fact that the bill before us today already, in section 
105, requires eight different Presidential determinations. I am just 
adding two additional ones. There are already Presidential 
determinations that have to be made, so how can it be that the 
additional requirement that there be determinations by the President of 
the United States, not by Indian officials--how can that force the 
renegotiation of this agreement? It doesn't direct the Indians to do 
anything. So I reject the notion that somehow this would require the 
renegotiation of the agreement, and if it did, I think it would be 
better than not changing it.
  Now, the biggest problem with the chairman's argument is that he is 
relying on an earlier version of our amendment which we offered in 
committee, which I thought was worth passing. But the chairman 
correctly notes that we were defeated in the committee 13 to 5. One of 
the criticisms was that somehow this amendment would force the 
President to certify some facts, that he couldn't necessarily know for 
sure what the Indians were exactly doing or what they might do in the 
future. I recognize that point. That is why I drafted this amendment to 
only relate to the scope and content of the agreement. There is nothing 
in my amendment that requires the President to certify what might 
happen in the future. And this is the critical distinction. This 
amendment does not have the flaw that was argued in committee. It only 
talks about the President certifying with regard to the scope and 
content of this agreement and also getting assurances from the Indian 
Government that the purpose of this agreement is not about nuclear 
weapons but is about civil purposes. So it is, in fact, different from 
the amendment in committee, and that is an important distinction as 
Members think about whether they want to vote for this version on the 
floor of the Senate. It is more modest, but it still accomplishes an 
important goal.
  This is not unheard of. This is exactly what was done in the China 
agreement in the 1980s. I described it in my original statement. The 
agreement called for a Presidential certification of this kind. It 
worked, and the President, in fact, made such a certification. So this 
is both necessary and practical from that point of view.
  I believe I have responded to each of the arguments made by the 
Senator from Indiana. Obviously, I have enormous respect for him and 
his leadership of the committee, but I would urge my colleagues to join 
me in supporting this amendment which would allow me to feel 
comfortable supporting this agreement, because I do want us to have a 
good agreement with India. I just think we need to have this sort of an 
assurance that my amendment provides.
  I yield the floor.
  Mr. SCHUMER. Mr. President, would the Senator yield 4 minutes from 
his time?
  Mr. FEINGOLD. I yield the Senator from New York such time as he 
needs.
  Mr. SCHUMER. Mr. President, I rise to support the India nuclear trade 
agreement because it strengthens America's relationship with a critical 
ally, but it also creates strong incentives for other countries to 
support our nonproliferation efforts by rewarding them with our 
valuable nuclear technology.
  Proliferation of nuclear technology is a very serious issue. Make no 
mistake about that. India has a good nonproliferation record and will 
be a true

[[Page 22160]]

partner in our efforts to prevent nuclear weapons technology from 
falling into the wrong hands. India's history of nonproliferation of 
dual-use nuclear technology and its willingness to implement IAEA 
guidelines and standards at nuclear facilities make India a welcome 
member of the global nuclear community.
  Of course, the devil is in the details. That is why it is so 
important that this bill preserves congressional oversight of any 
agreement the administration reaches with the Indian Government. It is 
carefully crafted so that the U.S. agreement will not undermine the 
Nuclear Non-Proliferation Treaty or our obligations to the Nuclear 
Suppliers Group.
  Under this bill, cooperation would end if India tests a nuclear 
weapon, proliferates nuclear weapons or materials, or breaks an 
agreement with the United States or the IAEA. India's access to nuclear 
cooperation will depend on its continued participation as a good 
citizen of the global nuclear community.
  A close relationship with India in general will help us to align our 
mutual goal of combating terrorism. Both our nations have been victims 
of serious attacks of terrorism, and we know that the greatest danger 
we face is a nuclear weapon falling into the wrong hands. Neither of us 
wants al-Qaida to gain a nuclear weapon. Neither of us wants Iran to go 
nuclear. The best way to ensure India's proper handling of its nuclear 
technology is not by distancing it but by working with it to address 
issues of mutual concern.
  Economic ties continue to bind our two countries through an 
increasing flow of goods, services, and cultural exchange. It is vital 
that we recognize this improving relationship and work toward common 
goals for international policy standards. The buildup of nuclear 
weapons throughout the world is one of the most serious dangers 
humanity faces. Especially in today's world, we must ensure that 
nuclear technology is developed and used according to global standards 
as set forth by the International Atomic Energy Association for 
peaceful purposes. An agreement with the United States will also 
provide an incentive for India to refrain from conducting future 
nuclear weapon testing and to work with our Government to curtail 
proliferation of nuclear weapons. Most important, this legislation 
creates incentives for other countries that cooperate with our 
nonproliferation efforts. It will encourage other countries around the 
world to cooperate with the efforts of the United States to reduce the 
threat of nuclear weapons by rewarding those countries that behave 
responsibly with advanced American technology.
  I yield the remainder of the time I have to my friend from Wisconsin.
  Mr. LUGAR. Mr. President, we have had a good debate. I note the 
presence of the distinguished Senator from California on the floor, 
which prompts me to inquire of the distinguished Senator from Wisconsin 
whether he requires additional time? If the Senator is prepared to 
yield back his time, I will yield back time on our side, and then we 
could proceed to debate on the amendment of the Senator from California 
and maybe to a closer time for final passage, for Members who are 
requesting this of all of us.
  Mr. FEINGOLD. I thank the Senator from Indiana. I yield back my time.
  Mr. LUGAR. I will yield the time on our side.
  The PRESIDING OFFICER (Mr. Chafee). All time is yielded back. The 
Senator from California is recognized.


                           Amendment No. 5187

  Mrs. BOXER. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from California (Mrs. Boxer) proposes an 
     amendment numbered 5187.

  Mrs. BOXER. I ask unanimous consent the further reading of the 
amendment be dispensed with. I wanted the beginning read because this 
is a very simple amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To make the waiver authority of the President contingent upon 
 a certification that India has agreed to suspend military-to-military 
cooperation with Iran, including training exercises, until such time as 
     Iran is no longer designated as a state sponsor of terrorism)

       On page 8, beginning on line 8, strike ``Group; and'' and 
     all that follows through ``Nuclear'' on line 9 and insert the 
     following: ``Group;
       (8) India has agreed to suspend military-to-military 
     cooperation with Iran, including training exercises, until 
     such time as the Government of Iran no longer supports acts 
     of international terrorism, as determined by the Secretary of 
     State under section 620A of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2371) and section 6(j) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)); and
       (9) the Nuclear

  Mrs. BOXER. Mr. President, this is a very simple amendment. What we 
are saying is this deal should not go forward until India has agreed to 
cut off military-to-military ties with Iran and that the President so 
certifies.
  The Nuclear Non-Proliferation Treaty is the keystone of our efforts 
to stop the spread of nuclear weapons throughout the world. Back in the 
1960s, there was widespread concern that dozens of nations would have 
nuclear weapons within a decade. Just months before his death, 
President Kennedy warned of this dire threat, saying:

       I ask you to stop and think for a moment, what it would 
     mean to have nuclear weapons in so many hands . . . that 
     there would be no rest for anyone then, no stability, no real 
     security, no chance of effective disarmament. There would 
     only be the increased chance of accidental war, and an 
     increased necessity for the great powers to involve 
     themselves in what otherwise would be local conflicts.

  But thanks to the Nuclear Non-Proliferation Treaty, there are less 
than 10 nuclear weapons states in the world today. In fact, since the 
Nuclear Non-Proliferation Treaty was first signed in 1968, more nations 
have ended nuclear weapons programs than have begun them. Countries 
such as Brazil, South Africa, and Japan decided to abandon their 
nuclear weapons program and join the Nuclear Non-Proliferation Treaty.
  India did not sign the Nuclear Non-Proliferation Treaty, instead 
choosing to develop nuclear weapons outside of the NPT regime. India 
developed a nuclear weapon in 1974 using a research reactor and 
materials provided by Canada and the United States of America in the 
1950s. India had pledged to use the reactor only for peaceful purposes, 
but it failed to keep that promise. So by giving India a special deal 
to both possess nuclear weapons and receive civil nuclear assistance, 
it will be harder to convince nonnuclear weapons states to keep their 
commitment to forgo nuclear weapons.
  The timing could not be worse. Right now, the international community 
is trying to convince one nonnuclear member of the NPT, Iran, to cease 
uranium enrichment because the IAEA cannot verify that its program is 
for peaceful purposes. We are also trying to roll back North Korea's 
nuclear program and convince them to rejoin the NPT.
  India is becoming a recognized de facto nuclear power, but it is not 
required to take on any of the commitments made by the five recognized 
nuclear powers.
  As The Economist reported earlier this year:

        . . . the recognized nuclear powers--America, Russia, 
     Britain, France and China--are committed under the NPT to 
     curb their arsenals . . . on the way to eventual disarmament; 
     the deal with America lets India build as many bombs as it 
     chooses.

  I think it is important to note what we are doing here. There is no 
limit on the number of bombs that India could build in this deal.
  The Economist goes on to say that the five nuclear powers have:

       at least all signed the treaty banning further nuclear 
     tests and have stopped producing more highly enriched uranium 
     and plutonium; India flatly refuses to do either.

  Experts believe that this deal could allow India to vastly increase 
its production of nuclear weapons from about 6 a year to about 50 a 
year. What a contribution this Senate is making to world peace. I am 
absolutely stunned. We are going to have 50 nuclear weapons, perhaps, 
made in India, touching off an arms race in the region. That would not 
be in any country's interests, including our own.

[[Page 22161]]

  Secretary Rice has argued that we are not helping India's nuclear 
weapons program because only a small amount of India's indigenous 
uranium would be needed for India's military weapons program. But 
listen to what the Congressional Research Service says:

       The question for the United States is not whether India 
     intends to ramp up its weapons program with freed-up uranium, 
     but whether the U.S. and other states' actions create a new 
     capability for India to do so.

  We call this fungible--fungible uranium. This should concern every 
single Senator, but unfortunately it doesn't appear to. It should 
concern every Senator who believes that the proliferation of nuclear 
materials is the most dangerous issue facing the country today and that 
is why I have supported all the amendments. Unfortunately, these 
amendments were defeated. They would have required the President to 
certify that this deal does not assist or encourage India to produce 
additional fissile material for weapons.
  The amendment I am offering addresses a second area where the 
administration has failed to receive commitments from India and that 
has to do with India's military-to-military relationships with Iran.
  Last spring, at the very same time that the President, our President, 
was in India to sign the United States-India Civil Nuclear Cooperation 
Agreement, two Iranian warships were visiting the headquarters of the 
Indian Navy's Southern Command. At the very same time that President 
Bush was in India to sign the United States-India Civil Nuclear 
Cooperation Agreement, two Iranian warships were soliciting the 
headquarters of the Indian Navy's Southern Command. These warships were 
participating in a training program under the military cooperation 
agreement with Tehran that was signed in 2003.
  The fact that India would conduct training exercises with the world's 
leading state sponsor of terrorism while the President of the United 
States is visiting New Delhi is simply unbelievable. My amendment says 
that the President may not provide civil nuclear assistance to India 
until he certifies that India has agreed to suspend military-to-
military cooperation with Iran so long as the Government of Iran 
continues to support international terrorism.
  My amendment does not say they can never have this deal. But it says 
they must not cooperate, military to military, with Iran until the day 
Iran is taken off the list of terrorists.
  According to a March 2006 Defense News article:

       In 2003 India and Iran signed a strategic agreement to 
     cooperate in defense and other matters. The deal was cemented 
     by the visit of then Iran President Mohammed Khatami to the 
     Republic Day parade in New Delhi, an honor usually reserved 
     for key allies. India still considers Iran to be a key ally 
     and this agreement on military cooperation is still in place, 
     even though Iranian actions are leading to the deaths of 
     American soldiers in Iraq as we speak.

  General Casey has said that Iran is using surrogates to conduct 
terrorist operations, both against us and against the Iraqi people. He 
went on to say:

       We are quite confident that the Iranians, through the 
     special operations forces, are providing weapons, IED 
     technology and training to Shia extremist groups in Iraq.

  Of particular concern is the fact that Iran is providing a type of 
IED, or roadside bomb, that has a shaped charge and is particularly 
deadly.
  So don't you think that if we are giving India this deal of a 
lifetime to receive nuclear technology from us, the least they could do 
is sign an agreement not to have military-to-military exercises and 
relationships with a country that is, in essence, bringing death and 
destruction to our sons and daughters in the United States military?
  For more than 20 years, Iran has been the world's leading state 
sponsor of terrorism. It supports Hezbollah, several Palestinian terror 
groups such as Hamas and, according to the State Department, Iran is 
also:

       . . . unwilling to bring to justice senior al-Qaida members 
     it detained in 2003 and has resisted numerous calls to 
     transfer custody of its al-Qaida detainees to their countries 
     of origin or to third countries for interrogation and/or 
     trial.

  It seems to me we should convince our friend--India--to suspend its 
military-to-military cooperation with Iran. The Boxer amendment will 
have that result, because they want this deal and I believe they would 
act to cut off these military-to-military relationships.
  It is also very important to point out that the United States has 
already sanctioned Indian entities and individuals for missiles and 
WMD-related transfers to Iran. In 2004, the United States imposed 
sanctions on two Indian scientists for nuclear-related transfers to 
Iran. Both scientists were high-ranking officials in the Nuclear Power 
Corporation of India, Limited. In December 2005, sanctions were imposed 
on two Indian chemical companies for transfer of chemical-related items 
to Iran, and as recently as last July, sanctions were imposed on two 
more chemical manufacturers in India for transfers to Iran. In May 
2005, India passed a law on weapons of mass destruction and their 
delivery systems. But according to CRS, the administration has not yet 
assessed India's export control law and regulation, and

       . . . some observers have stated that India does not have 
     the necessary regulations in place to implement the law, and 
     that India's resources for implementation are remarkably 
     limited.

  In other words, they have a Weapons Control Act, but experts believe 
they are not enforcing it. History tells us that they, in fact, have 
acted wrongly, to pass on technologies that are harmful, to Iran. So it 
seems to me, with this history, my colleagues should be supporting this 
amendment. I believe they should be and I regret that I need to offer 
it. I thought it would be accepted. I thought it would not be a 
problem. That it would be treated in many ways is obvious. The 
President, it seems to me, should have made severing military ties with 
Iran a precondition to civil nuclear cooperation. But, unfortunately, 
the United States is giving away more than it received in this deal.
  My friends who want to desperately see this passed tonight are voting 
down amendment after amendment. And we are taking a deal in which, as 
former Senator Nunn said, ``India was a lot better negotiator than we 
were.''
  That is Sam Nunn. We know how hard he worked with the current 
chairman of this committee to stop nuclear proliferation. What did he 
say of this agreement? ``India was a lot better negotiator than we 
were.''
  So those of us on the Senate floor who are trying to get a better 
deal, who are trying to change this deal, are being voted down--boom, 
boom, boom. We are taking a deal that Sam Nunn said essentially they 
``bested'' us on.
  I come from a State with a huge Indian population. Our Indo-Americans 
are prominent in our State. I support strong relations with India. 
India is the world's largest democracy. It is so important for us to 
work together to promote our mutual interests.
  I am proud to be a member of the Senate India Caucus and have nothing 
but the utmost respect for the Indian people. But this deal is not a 
good deal for America. This deal is not a good deal for the world.
  Proponents of this legislation say our bilateral relationship with 
India is important. I agree with them. I have great hopes for the 
future of our two nations. It is so important that we work together. 
But somebody tell me how we are better off when we have an India that 
can build up to maybe 50 bombs.
  Somebody explain to me how we are better off when we don't even have 
a clause in here that says that India has to receive military-to-
military relationships with Iran before this goes ahead. Somebody 
explain it to me. I don't think it has been explained.
  I am happy the Harkin amendment was adopted. It says that India has 
to work with us to make sure Iran doesn't get a nuclear capability, as 
they are trying to do now. If we adopted that amendment, why can't you 
adopt this amendment which simply says shut off those military-to-
military agreements between India and Iran before this goes forward?
  I wish the administration would have worked harder to craft a better 
deal, a

[[Page 22162]]

more balanced deal that would have been a net win for nonproliferation, 
while securing India's commitment to suspend its military relationship 
with Iran.
  As Robert Einhorn, a nonproliferation expert at the Center for 
Strategic and International Studies, told the Senate Foreign Relations 
Committee on which I am so proud to serve, ``the deal was concluded in 
great haste, driven by the calendar of the Bush-Singh meetings rather 
than by the seriousness and complexity of the task at hand.'' Everybody 
knows it. We knew it at the time. And I had hoped we could then make 
this a better deal.
  I have worked hard. I have tried. We have lost amendment after 
amendment after amendment. It is so regrettable. It is regrettable that 
we rushed into this agreement. But we have a chance to improve this 
agreement in behalf of the Boxer amendment. I urge its adoption.
  I retain the remainder of my time.
  Mr. LUGAR. Mr. President, I have listened carefully, as all Members 
do, to the distinguished Senator from California, who is such a 
valuable member of the Senate Foreign Relations Committee. And she has 
expressed some of the views which are contained in her statement this 
evening during the very important hearings the committee conducted.
  I will just say very clearly that Members on both sides of the aisle 
in committee felt that there were improvements that could occur with 
regard to the agreement, even if the agreement was negotiated in a 
fairly short period of time. The Senate Foreign Relations Committee has 
taken ample time to work through this with the administration as well 
as with each other. I regret that we did not have unanimity in the 
committee on final passage. A vote of 16 to 2, however, indicated a 
very strong coming together, which clearly has been expressed on the 
floor of the Senate today in the votes on various amendments.
  But I must say that the amendment offered by the Senator from 
California is, in my judgment, a killer amendment. It goes far beyond 
the scope of the July 18 Joint Statement issued by President Bush and 
Prime Minister Singh.
  The amendment as written would not permit the U.S.-India agreement to 
go into effect until India abandoned its military-to-military contacts 
with Iran. This is a killer condition that, if adopted by Congress, 
would require renegotiation of the agreement.
  Few, if any, Members of Congress disagree with the sentiment 
expressed in this amendment; namely, that Iran is a destabilizing force 
in the Middle East. As former Secretary of State Henry Kissinger 
recently wrote in the Washington Post:

       Everything returns to the challenge of Iran. It trains, 
     finances and equips Hezbollah, the state within a state in 
     Lebanon. It finances and supports Moqtada al-Sadr's militia, 
     the state within a state in Iraq. It works on a nuclear 
     weapons program which would drive nuclear proliferation out 
     of control and provides a safety net for the systemic 
     destruction of at least the regional order.

  Iran is a critical challenge to U.S. diplomacy and global security. 
In this difficult environment the U.S. must cultivate a strong 
multilateral response to Iran's pursuit of nuclear weapons and support 
for terrorism. An effective solution to the Iranian threat must include 
India. Holding New Delhi to a different standard than our closest 
allies or other nations we engage in nuclear commerce does not appear 
to be the best way to secure their support.
  On April 5, 2006, Secretary Rice testified before the Committee on 
Foreign Relations that India has ``low level military-to-military 
contacts.'' She noted ``that there are a number of countries that have 
relations with Iran, and it's, of course, the sovereign right of a 
country to have relations with whomever they would like to have 
relations.'' She argues that the U.S. ``is not going to do better in 
pulling India toward us by insisting that they cut off relations with 
other states.'' She concluded that she didn't ``think that's going to 
work very effectively.''
  The Secretary of State argues that the international community is 
changing its approach to Iran. She cites the exodus of banking and 
financial institutions. Perhaps most importantly she points out that 
India was the only member of the non-a1igned movement to vote for 
referral of the Iran to the U.N. Security Council for its illegal 
nuclear program. This was an important development because India was a 
founder and a longtime leader of the movement.
  Let me be clear, this amendment will reverse the important trend of 
countries distancing themselves from Tehran and future Indian 
multilateral nonproliferation cooperation. Some experts have indicated 
that this amendment could very well have the opposite effect, forcing 
New Delhi away from the U.S.-Indian Agreement.
  The administration has frequently made U.S. policy on Iran clear to 
the Indian Government. The U.S. has consistently expressed our desire 
for India's support of our efforts and policies. One of the unheralded 
diplomatic accomplishments of the 2005 Joint Statement is India's 
commitment to support international efforts to limit the spread of 
enrichment and reprocessing technologies, including to states such as 
Iran.
  I emphasize that point. If, in fact, we are deeply concerned--and I 
am, and the Senator from California certainly is--about the 
developments in Iran of a nuclear program and the commitment of India 
to work with us, to limit that spread of enrichment and reprocessing is 
very important. To deliberately take action which scuttles this 
agreement and indicates to the Indians that they can look elsewhere for 
partnership is to court disaster.
  l am pleased that India is committed to being a responsible member of 
the international community and it has made the decision that it is in 
its own national security interest to oppose Iran's weapons of mass 
destruction program.
  On a number of occasions the Indian-Iranian military relationship has 
been greatly exaggerated. This year an article alleged that India was 
providing military training for Iranian sailors. Secretary Rice 
responded that while Iranian ships have made port calls at India ports, 
she reported that New Dehli had denied that Iranian sailors had been 
trained in India.
  It is unfortunate that the Senator from California constructed the 
amendment in this manner. It would be more appropriate to address this 
issue in the sense of Congress section or as a statement of U.S. 
policy. If the amendment was modified in this manner, I am prepared to 
recommend that it be adopted by unanimous consent. Unfortunately, in 
its current form it makes it impossible for the President to meet the 
requirement and thus implementation is impossible.
  If this amendment is adopted, in my judgment, the United States-India 
agreement will be scuttled. That, I believe, would be a tragedy.
  I urge Senators to vote against the Boxer amendment.
  The PRESIDING OFFICER. Who yields time?
  Mr. BIDEN. Mr. President, how much time remains?
  The PRESIDING OFFICER. Fourteen minutes.
  Mr. BIDEN. I wonder if the Chair would give me 3 minutes.
  Mr. LUGAR. I will yield whatever time the Senator will consume.
  Mr. BIDEN. Mr. President, I will be very brief.
  The Senator stated it well. And I don't like to argue with my friend 
from California; I seldom ever win, and I am very uncomfortable because 
I consider her one of my best friends in this body. So it is an 
uncomfortable position to be in.
  I want to make three points. The first is that right now, if India 
were to engage in transferring any lethal weaponry to Iran, it would be 
in violation of our law. It would damage the relationship and 
fundamentally alter our relationship. It is existing U.S. law.
  No country can transfer lethal weaponry to Iran and maintain our 
support. That is No. 1.
  The second point I would like to make is with the underlying 
concern--I know it is much broader than this--of my friend from 
California. I think if I read her correctly--and I may not be--

[[Page 22163]]

somehow this agreement is going to yield the prospect that India will 
be in a better position to transfer some kind of technology in this 
military-to-military relationship to Iran that will help Iran get the 
nuclear capability.
  The truth is, as the chairman has pointed out, they have entered into 
an agreement with us not to do that. But, secondly, they have voted in 
the IAEA with the Board of Governors to sanction Iran, to take issue 
with Iran, to report it to the U.N., and they voted with us in the U.N. 
So they are openly taking on Iran in terms of the thing of greatest 
concern to us all.
  I know my friend spoke eloquently about the support of terrorism by 
Iran. The implication is that any military-to-military assistance goes 
directly to helping the capability of the Iranians to help support 
Hezbollah and other organizations that are terrorist organizations 
around the world.
  I will make the following observation: She also stated accurately 
that Indian entities have been sanctioned for transferring materials to 
Iran. I must point out, so has Germany, so has the Spanish, so have 
European allies of ours. They also had entities sanctioned. It is not 
unique to India that an organization would, in fact, provide assistance 
to Iran in a way that would generate United States sanctions. Spain is 
the most recent offender.
  I conclude by saying this is the hardest piece to swallow--not what 
the Senator said, but what I am about to say is the hardest piece to 
swallow. Palmerston had the famous expression that countries don't have 
permanent friends, they have permanent interests.
  Look where India resides and look where Iran resides. One of the 
countries they are most concerned about is Pakistan. Now, it is not 
reasonable to assume that India and Iran would not want to have a 
military relationship where they shared information and/or concerns 
relative to Pakistan. So for them to forswear any kind of relationship 
at all with India that has a military or quasi-military relationship is 
to essentially suggest to them that they should not deal with a common 
enemy.
  Look what we are doing. We are dealing with a country that we 
sanctioned before, that we have clearly decided is not a democratic 
country, that clearly has probably the largest percentage of jihadists 
residing in it, with, arguably, the least significant effort to deal 
with these jihadists--the country of Pakistan. What are we doing? 
Because we have permanent interests, and our interests are that we have 
support in the war against jihadists and al-Qaida and terrorist 
organizations, we are cooperating with a country we otherwise probably 
would not cooperate with.
  How would we feel if a European country or any other country around 
the world said--or India said--we will not trade with you, the United 
States of America, as long as you continue to have a military-to-
military relationship with Pakistan, a country that is, in fact, 
exporting--or if they are not exporting, at least cooperating with or 
turning a blind eye to the terrorist organizations that reside within 
their country? We would say, Wait a minute. You want to trade with us, 
trade with us. You want to tell us whether out of our self-interest we 
can cooperate with Pakistan--which is not what you call a model 
democracy--then we would say no.
  The only generic point I want to make, I know of no evidence--it may 
exist, but I am unaware of it--where India is materially cooperating 
with Iran in order for Iran to be able to better supply, support, and/
or encourage terrorism. I know of no such interest and no such 
circumstance. Maybe my friend may know what I do not. She may have 
gotten a recent briefing with the Intelligence Committee where somebody 
said that, but I am unaware of any such cooperation that has the net 
effect of promoting terror.
  What I do know is we have built into the law now the ability to 
sanction India if, in fact, India does supply lethal weapons or was in 
any way cooperating with promoting Iran's nuclear program. Beyond that, 
it would break the spirit of the entire agreement we have with India. 
If it came to light that somehow there was evidence that India was in 
any way cooperating with Iran's nuclear program, this deal is done. 
This is over. It is finished. It is gone.
  At the root of this overall agreement, which my colleague, 
understandably, does not like, the underlying issue here is this 
agreement between India and the United States. The underlying premise 
is based upon a notion of a maturing relationship based on trust that 
they will not only not violate the letter but will not violate the 
spirit of this agreement.
  Let me conclude by saying what the spirit of the agreement is. The 
spirit of the agreement is we are not going to do anything, United 
States of America, that we would not otherwise be able to do; we will 
not do anything with what you provide for us that will increase our 
capacity, our ability, our desire, or our intent to deal with our 
nuclear program.
  They have said straightforwardly at the same time, We are keeping our 
nuclear program. We ain't giving it up.
  It is a little bit like us saying now--and this will be my last 
statement--you know, Pakistan violated the law, Pakistan violated our 
law. It went out and it broke the deal and it did what India did. On 
top of that, Pakistan was the largest proliferator in the history of 
the world of nuclear capability through A.Q. Khan. And guess what. We 
are going to bite our nose off to spite our face. Now that we need 
Pakistan in dealing with this war on terror, we are going to sanction 
Pakistan, we are not going to cooperate with Pakistan, we are going to 
do nothing with Pakistan even though we acknowledge that might give 
greater sustenance to al-Qaida, bin Laden, the Taliban, et cetera.
  Countries make hard choices. They are not neat and clean. I suggest 
if we are going to impose upon India a requirement to cease and desist 
with any military-to-military relationships notwithstanding they have 
common enemies and common concerns with Iran, as bad as Iran is, 
notwithstanding the fact that there is no evidence that they are 
promoting and/or giving the ability to support terrorism's greater 
thrust, notwithstanding the fact they have agreed to do everything they 
can to prevent Iran from becoming a nuclear power, if we are going to 
sanction them this way, I ask the rhetorical question: Why wouldn't the 
rest of the world sanction us for our relationship with Pakistan. And 
why are we cooperating with Pakistan? If anybody in the deal is not the 
ideal partner right now, it is Pakistan.
  But what do we do? To steal a phrase from a former President that I 
often hear, comments we hear on CNN all the time, his comment always is 
``you got to accept life in the world as you find it.'' I am 
paraphrasing a former President. I think it is close to a quote. We 
have to accept the world as we find it, make the best out of it, and 
promote our interest to the greatest extent. Sometimes it means we make 
less than perfect deals.
  Had Chairman Lugar been President Lugar, had Senator Boxer been 
Senator Boxer, had I been their Secretary of State, I believe I could 
have gotten a better deal than we got. But the fact is, we are where we 
are, as the old trade expression goes, and I believe the downside of 
rejecting this treaty is so much further down than any downside that 
flows from supporting this changed law allowing this to go forward. In 
that sense, it is not a close call.
  I suggest to my friend, I think everything she says has merit in the 
abstract. But we are living in the world we live in now based on the 
parameters we are looking at. I think this amendment, which would kill 
the agreement, is not worth the candle because it would do that--not 
because it doesn't have underlying merit.
  I yield the floor.
  Mr. LUGAR. Do we have any time remaining on the opposition side?
  The PRESIDING OFFICER. Two minutes.
  Mr. LUGAR. I yield 2 minutes to the distinguished Senator from 
Missouri.
  Mr. BOND. Mr. President, I thank the distinguished chairman. Let me 
summarize by saying I visited Delhi in

[[Page 22164]]

March right after the President had signed the historic agreements. I 
walked into a meeting of distinguished Indian officials asking if we 
could possibly confirm this treaty, this agreement.
  I knew nothing about it, so I did a tremendous amount of quick work 
with our agency to check out what the dangers might be. They came back 
and they told me India was the one most least likely to engage in 
nuclear proliferation. They saw this as a tremendous opportunity for us 
to improve on our relations with a country that had for too long been 
in the Soviet/Russian sphere.
  We have an opportunity to help them. They are a growing country. They 
have many needs. Civil nuclear power is the one most important thing 
they need because of their tremendous pollution problems. This enables 
us to help them reduce pollution. Not only are we interested in nuclear 
nonproliferation, we are interested in pollution nonproliferation. This 
moves us forward.
  Beyond that, securing a close relationship with India is one of our 
most important steps toward developing a peaceful environment and 
prosperity in south Asia. This opportunity cannot be wasted.
  This particular amendment, as has been stated, which is well-
intentioned and reflects understandable concerns, is, nevertheless, a 
poison pill. Many countries have relations with Iran. We do not like 
them. But many of those countries with which we have good working 
relationships don't like our relations with Israel. We are not going to 
change our relations with Israel. We are not going to stop helping 
them. But we are going to continue to work with those countries.
  As the Senator from Delaware has pointed out, we have relations with 
Pakistan and there are lots of questions about that. If we want to work 
with the Indians and develop a good relationship so they will not deal 
with Iran, the best thing we can do is to defeat these poison pill 
amendments and confirm the treaty so we will bring India and the United 
States together.
  I urge my colleagues to oppose the amendments and to support the 
treaty.
  I yield the floor.
  Mrs. BOXER. How much time do I have remaining?
  The PRESIDING OFFICER. Six minutes.
  Mrs. BOXER. I will try not to take the full time, but I want to 
respond to my colleagues.
  The debate has been much ado about a very straightforward and simple 
amendment. My amendment has nothing to do with the transfer of lethal 
weapons. My colleague Senator Biden talked about that. Nothing to do 
with that. My amendment, in the real world, I don't believe could be 
seen as a killer amendment. It is a simple amendment.
  My colleague Senator Bond is right. He says a lot of other countries 
have relationships with Iran. No other country gets a deal like this 
where we give nuclear technology and there is absolutely no control on 
the number of bombs India could build. Experts tell us it could be as 
many as 50 a year. I don't think that makes the world safer.
  But to help me with this treaty, to give my constituents a feeling 
that we are protecting them, at the least, say you are getting this 
deal, you are going to be able to build a lot of weapons with it, then 
cut off your military-to-military ties with the leading terrorist 
nation in the world--Iran--a nation that is at this very moment hurting 
our troops in the field in Iraq.
  Now, my colleague Senator Biden, I agree with completely when he 
says--and I do believe this--Senator Lugar, if President, would have 
cut a better deal. I could say Senator Biden, if President, could have 
cut a better deal, but we don't have a better deal. And I don't live in 
a world where you sit back and say, oh, too bad. This isn't about 
buying a piece of cake. We are not going to the store and buying a toy. 
It is about giving nuclear technology to a country that has, in fact, 
been called out by our own country because it has in the past 
transferred information about WMDs, nuclear weapons, missiles, to Iran. 
We have called them out on that. So why can't we ask them simply to 
stop these military-to-military programs they have with Iran?
  Again, when we stand up and say, gosh, this is a killer amendment, 
they will walk away, it sounds weak to me. It does not sound as though 
we are the strongest nation in the world. Who would walk away from this 
deal? India is not a member of the NPT, not a signatory, and they are 
getting all this information from the United States of America on 
nuclear civilian technology, with no cap on the number of bombs they 
can build, and they are going to walk away from this because we simply 
ask them not to have military-to-military cooperation with the world's 
leading sponsor of terrorism?
  I don't get it. So I think my colleagues have made this complicated 
when it is really very simple. We do this deal with India, the least 
they can do is cut off their military-to-military cooperation with 
Iran.
  With that, Mr. President, I conclude my remarks. I yield back the 
remainder of my time.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, I would inquire of the Chair if the 
existing order now calls for a 2-minute debate on the Feingold 
amendment prior to a rollcall vote on that amendment?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. LUGAR. Further, I would ask the Chair for clarification: Does the 
2-minute debate then occur on the Boxer amendment, after the rollcall 
vote on Feingold?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. LUGAR. Then, finally, an additional 2-minute debate before final 
passage of the bill, after the Boxer amendment is voted on?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. LUGAR. I thank the Chair for that clarification.
  Mr. President, I ask unanimous consent that--the first rollcall vote, 
we understand, is 15 minutes--the subsequent rollcall votes be 10 
minutes each.
  The PRESIDING OFFICER (Mr. Allen). Without objection, it is so 
ordered.
  Mr. LUGAR. I thank the Chair.
  Senator Feingold is now recognized.
  The PRESIDING OFFICER. The Senator from Wisconsin.


                           Amendment No. 5183

  Mr. FEINGOLD. Mr. President, I would like to briefly recap what my 
amendment does and why I believe it is important for the Senate to 
adopt it.
  The amendment is very simple. It will require the President to make 
determinations that nothing in the nuclear cooperation agreement he 
negotiates with India will contribute to India's nuclear weapons 
program. Both the United States and India have stated that expanding 
India's nuclear arsenal is not an objective of this agreement, and my 
amendment simply makes those claims binding.
  The United States is prohibited under our current obligations in the 
Nuclear Non-Proliferation Treaty to directly or indirectly assist the 
nuclear weapons programs of other states. My amendment simply makes 
clear that the United States is actually abiding by its international 
commitments. It does not require the President to guarantee what India 
will do; he simply must certify that he is satisfied the agreement will 
not contribute to India's nuclear weapons program.
  I urge my colleagues to support the amendment.
  The PRESIDING OFFICER. The Senator from Delaware.
  Mr. BIDEN. Mr. President, let me, in brief response, say I understand 
the intent of the amendment. But the amendment uses the words, for 
example, ``India cannot use United States-origin equipment . . . ,'' 
``India cannot replicate and subsequently use. . . .'' No one can 
certify they cannot. It is possible they could. The question is whether 
we are insisting that they not use it. We are insisting they are not 
using it, and we have built into this agreement a requirement on the 
part of the administration to look at whether they are, in fact, doing 
it.
  So the question is not whether they can or cannot. Anything can 
happen. A President cannot certify it is not possible. That is what 
``cannot'' says. But

[[Page 22165]]

he can certify to the best of his knowledge it is not occurring. That 
is what we require. ``Cannot'' makes this a deal-breaker. No President 
could certify it. ``Cannot'' translates into ``it is not possible to 
replicate, it is not possible to . . . ,'' and no one can certify to 
that.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  Mr. LUGAR. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  The clerk will please call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. The following Senators were necessarily absent: the 
Senator from Oklahoma (Mr. Inhofe), the Senator from Arizona (Mr. 
McCain) and the Senator from Wyoming (Mr. Thomas).
  Mr. DURBIN. I announce that the Senator from Vermont (Mr. Jeffords) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 25, nays 71, as follows:

                      [Rollcall Vote No. 268 Leg.]

                                YEAS--25

     Akaka
     Bingaman
     Boxer
     Byrd
     Cantwell
     Clinton
     Conrad
     Dayton
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Johnson
     Kennedy
     Lautenberg
     Leahy
     Lincoln
     Menendez
     Mikulski
     Obama
     Pryor
     Reed
     Salazar

                                NAYS--71

     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bond
     Brownback
     Bunning
     Burns
     Burr
     Carper
     Chafee
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeMint
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inouye
     Isakson
     Kerry
     Kohl
     Kyl
     Landrieu
     Levin
     Lieberman
     Lott
     Lugar
     Martinez
     McConnell
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thune
     Vitter
     Voinovich
     Warner
     Wyden

                             NOT VOTING--4

     Inhofe
     Jeffords
     McCain
     Thomas
  The amendment (No. 5183) was rejected.
  Mr. LUGAR. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 5187

  The PRESIDING OFFICER. There is now 2 minutes equally divided on the 
Boxer amendment.
  The Senator from California.
  Mrs. BOXER. Mr. President, I will be very brief. We are giving India 
a one-of-a-kind deal that no one else gets: civilian nuclear technology 
and no cap on the number of bombs they can build.
  The least we can do is ask them to cut off their military ties with 
the biggest state sponsor of terrorism--Iran. Iran is building the IEDs 
that are killing our soldiers in Iraq. The least we can do is ask the 
President to certify that they have cut off military-to-military 
relationships with Iran.
  Why is it important? Look at this Defense News: ``Indian Navy Trains 
Iranian Sailors.''
  We know they have these ties. If we really believe we are doing 
something good, we should at least expect India to cut off military 
ties with the leading state sponsor of terrorism--Iran. I urge an 
``aye'' vote.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, Iran is a critical challenge to the United 
States, our diplomacy, our global security, but in this very difficult 
environment the United States must cultivate a strong multilateral 
response to Iran's pursuit of nuclear weapons in support of terrorism.
  I simply point out that India was the only member of the nonaligned 
movement to vote for referral of Iran to the U.N. Security Council for 
its illegal nuclear program. Holding India to a different standard than 
all of our other closest allies or nations with whom we engage in 
nuclear commerce does not appear to be a good way to secure their 
support.
  Let me be very clear: If this amendment is adopted, the India nuclear 
agreement is kaput. This is it. This is a killer amendment, and I ask 
for Senators to vote no.
  Mrs. BOXER. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to amendment No. 5187. The clerk will 
call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. The following Senators were necessarily absent: the 
Senator from Oklahoma (Mr. Inhofe) and the Senator from Wyoming (Mr. 
Thomas).
  Mr. DURBIN. I announce that the Senator from Vermont (Mr. Jeffords) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 38, nays 59, as follows:

                      [Rollcall Vote No. 269 Leg.]

                                YEAS--38

     Akaka
     Bingaman
     Boxer
     Byrd
     Cantwell
     Clinton
     Coleman
     Collins
     Conrad
     Dayton
     DeWine
     Dorgan
     Durbin
     Ensign
     Feingold
     Feinstein
     Harkin
     Johnson
     Kennedy
     Kyl
     Lautenberg
     Leahy
     Lincoln
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Obama
     Pryor
     Reid
     Salazar
     Santorum
     Schumer
     Smith
     Snowe
     Specter
     Stabenow
     Wyden

                                NAYS--59

     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bond
     Brownback
     Bunning
     Burns
     Burr
     Carper
     Chafee
     Chambliss
     Coburn
     Cochran
     Cornyn
     Craig
     Crapo
     DeMint
     Dodd
     Dole
     Domenici
     Enzi
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inouye
     Isakson
     Kerry
     Kohl
     Landrieu
     Levin
     Lieberman
     Lott
     Lugar
     Martinez
     McCain
     McConnell
     Murkowski
     Nelson (NE)
     Reed
     Roberts
     Rockefeller
     Sarbanes
     Sessions
     Shelby
     Stevens
     Sununu
     Talent
     Thune
     Vitter
     Voinovich
     Warner

                             NOT VOTING--3

     Inhofe
     Jeffords
     Thomas
  The amendment (No. 5187) was rejected.
  Mr. LUGAR. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.


                     nonproliferation consequences

  Mr. OBAMA. Mr. President, I rise today to express my support for the 
United States-India Peaceful Atomic Energy Cooperation Act, S. 3709. As 
I have said before, I believe strengthening the relationship between 
our two nations is an important strategic goal and this legislation 
helps us take a dramatic step in this direction.
  However, like many of my colleagues, I have concerns with potential 
nonproliferation consequences of this agreement. Much to my 
disappointment, the administration has done very little to address 
these concerns, instead, sending draft legislation to the Congress that 
was essentially a blank check.
  The managers of the bill, Senators Lugar and Biden, have done a 
tremendous job taking the administration's proposal and shaping it into 
meaningful, bipartisan legislation. The bill now before the Senate 
helps move us closer to India while addressing some key 
nonproliferation issues.
  However, I remain concerned about the issue of nuclear testing. A 
decision by the Indian Government to conduct such a test could trigger 
an arms race in South Asia that would be extremely dangerous and 
destabilizing.
  The good news is that the joint statement between President Bush and

[[Page 22166]]

Prime Minister Singh of July 18, 2005 declared that India's unilateral 
moratorium on nuclear testing will continue. I take Prime Minister 
Singh at his word, but also believe in following President Reagan's 
mantra of ``trust but verify.''
  To this end, I am wondering if the chairman will take a few moments 
to clarify a couple matters concerning this legislation. Is it the 
managers' belief that section 129 of the Atomic Energy Act, AEA, will 
apply prospectively to India--aside from the sections of the AEA that 
are explicitly amended by S. 3709?
  Mr. LUGAR. Mr. President, the Senator is correct. Under our bill, the 
full force of section 129 would apply to any Indian detonation of a 
nuclear explosive device, any termination or abrogation of IAEA 
safeguards by India, and material violation of IAEA safeguards by 
India, all would result under section 129 in the termination of nuclear 
exports to India.
  Mr. OBAMA. On a related note, is it the chairman's interpretation of 
the legislation that, in the event of a future nuclear test by the 
Government of India, nuclear power reactor fuel and equipment sales, 
and nuclear technology cooperation would terminate; other elements of 
the United States-India nuclear agreement would likely terminate; and 
the United States would have the right to demand the return of nuclear 
supplies?
  Mr. LUGAR. Yes, under our bill, the only requirement which is waived 
is that in section 123.a(2) of the Atomic Energy Act of 1954, for full-
scope safeguards. India's 123 agreement would still have to meet the 
requirement of section 123.a(4), which requires that in the event of a 
test by India of a nuclear explosive device the United States shall 
have the right to request the return of supplies as you have 
stipulated.
  Mr. OBAMA. I offered an amendment that the managers have already 
accepted pertaining to the supply of nuclear power reactor fuel in 
safeguarded, civilian nuclear facilities. To further clarify this 
issue, is it the managers' understanding that provision of a fuel to 
the Government of India should be sized in a way to maintain a 
deterrent to Indian nuclear testing, while also providing protections 
against short-term fluctuations in the supply of nuclear fuel? In other 
words, is it your understanding that providing a fuel reserve to India 
is not intended to facilitate a resumption in nuclear testing?
  Mr. LUGAR. Yes, that is our understanding.
  Mr. OBAMA. Does the chairman believe that, as this agreement moves 
forward to the Nuclear Suppliers Group, NSG, the United States should 
work to ensure that other nations provide nuclear power reactor fuel in 
a similar fashion?
  Mr. LUGAR. Yes, I hope that would be the case.
  Mr. OBAMA. Finally, would the managers agree that section 105 of S. 
3709 requires that the President determine, prior to exercising the 
waivers in section 104, that ``an agreement between India and the IAEA 
requiring the application of safeguards in perpetuity in accordance 
with IAEA standards, principles, and practices to civil nuclear 
facilities, programs, and materials . . . has entered into force,'' and 
that the most logical approach, as U.S. officials have stated for the 
record, would be to use the IAEA INFCIRC/66, Rev. 2 agreement as the 
model for India's safeguards agreement?
  Mr. LUGAR. My understanding is that the administration, the IAEA, and 
participating governments in the NSG have all stated that they would 
prefer that any new Indian safeguards agreement be modeled on INFCIRC/
66 Rev. 2.
  Mr. OBAMA. I thank the managers.
  Mr. KENNEDY. Mr. President, I intend to oppose this legislation.
  One of the many lessons of the tragedy of September 11 is that 
America's overarching national security interest is keeping nuclear 
material and weapons out of the hands of terrorists. Nothing is more 
important for our national security than achieving this goal.
  The international nuclear nonproliferation regime flawed though it 
may be is our best hope of achieving this goal. While I believe America 
has a clear interest in strengthening our relationship with India, I do 
not believe it can, or should, be achieved by sidestepping nearly half 
a century of international nonproliferation agreements. In the long 
run, doing so will make America and the world more vulnerable to the 
perils of nuclear weapons.
  One of the defining goals of my years in the Senate has been to 
support the important advances made by our country and the 
international community in limiting the perils of nuclear weapons 
across the globe.
  President Kennedy considered the Limited Test Ban Treaty, which 
represented an early and historic advance in nuclear nonproliferation, 
as one of his greatest accomplishments. On signing the documents of 
ratification on October 7, 1963, President Kennedy said, ``This small 
step toward safety can be followed by others longer and less limited, 
if also harder in the taking. With our courage and understanding 
enlarged by this achievement, let us press onward in quest of man's 
essential desire for peace.''
  Since that agreement, further progress was made with the Nuclear Non-
Proliferation Treaty, NPT, the SALT and START agreements, as well as 
the Comprehensive Test Ban Treaty. These agreements although far from 
perfect are essential to limiting the spread and use of nuclear 
weapons. They are the bedrock of our effort to ensure that the world 
will never, ever again know the horrors of the use of nuclear weapons. 
They took years to negotiate and implement, and we must be exceedingly 
careful about dismantling or carving out exceptions to them for any 
country.
  Supporters of this agreement argue that the international 
nonproliferation regime has not proved successful in every case--just 
look at Iran and North Korea. And I accept the premise of the 
administration's argument that the international arms control regime 
may need to be modified or adapted to fit current times, and that we 
need to find a way to address India.
  However, we need to recognize that commitments under the NPT made by 
virtually every nonnuclear state play an essential role in assisting 
the international community in keeping a check on their nuclear 
programs. And, before we make significant changes to the 
nonproliferation regime, we must be absolutely confident that we are 
doing more good than harm and that we will be more likely not less 
likely to limit the spread of nuclear weapons across the globe. I do 
not believe that running roughshod over these agreements by carving out 
an exception for India is the way to achieve these goals.
  General Brent Scowcroft cautioned that, ``I am concerned about a 
trend that we see reflected in the United States-India nuclear deal 
where we try to address proliferation risks by assessing the character 
of regimes and governments. Such an approach also opens up divisions 
among the world's nuclear powers, with each making a list of 
``friends'' who can be trusted with nuclear technology and `foes' who 
are dangerous risks.''
  Further, Robert Gallucci, the Dean of Georgetown University's School 
of Foreign Service, pointed out that, if we do approve this arrangement 
with India, ``we will put at risk a world of very few nuclear weapon 
states, and open the door to the true proliferation of nuclear weapons 
in the years ahead.''
  Certainly, there are some advantages to the nonproliferation regime 
under the proposed agreement. India would place a majority of its 
current and future civilian reactors under international safeguards. 
India has agreed to abide by the guidelines of the Nuclear Suppliers 
Group, and to abide by the Missile Technology Control Regime. India has 
agreed not to test another nuclear device and has indicated that it 
will work with the United States on concluding an international regime 
to stop the production of fissile material for nuclear weapons. These 
are definitely positive steps.
  However, India will not sign the Nuclear NonProliferation Treaty and 
subject its military facilities to international inspection, and this 
remains a major concern. Until now, as part of an effort to limit the 
spread of nuclear

[[Page 22167]]

weapons across the globe, international arms control agreements and 
U.S. law have required full international safeguards on civilian and 
military reactors before civilian nuclear energy could be provided. 
These requirements exist to ensure that by assisting a country's 
civilian program, we are not freeing up supplies for an unsafeguarded 
nuclear weapons program. Under this agreement, however, none of India's 
military reactors would be put under international safeguards, but it 
would receive civilian nuclear energy anyway. In other words, India 
will obtain the benefits of the NPT, without the obligations required 
by it.
  Additionally, despite India's stated commitment to conclude an 
international agreement to cut off the production of fissile material--
the essential component for making nuclear weapons--there is no 
timeframe for concluding such an agreement, nor is there any binding 
commitment for India to do so. United States, Russia, Great Britain, 
and France have agreed to a fissile material production cut-off for 
nuclear weapons, and India should as well. So we will knowingly permit 
a country to benefit from civilian nuclear energy cooperation and 
maintain an active, unsafeguarded program to construct, develop, and 
build nuclear weapons.
  If we provide India with the benefits of nuclear nonproliferation 
agreements without requiring them to sign the NPT nuclear agreement or, 
at least, cease the production of fissile material for nuclear weapons, 
there would be significant and harmful consequences for our global 
nonproliferation efforts.
  It will embolden Iran to flout the will of the international 
community. There could not be a worse moment to give India the green 
light to build weapons with the blessing of the United States and the 
international community. The Iranians see a clear double standard. As 
Iran's national security adviser said in March, ``The United States is 
imposing a contradictory theory of dual standards: though our NPT 
membership entitles us to access to nuclear science and technology, it 
claims that we will never have that right, whereas it cooperates with 
India, which does have the bomb but is not an NPT member.'' The 
Iranians will undoubtedly use the double standard of India in Iran's 
efforts to break the will of the international community to achieve its 
nuclear aims.
  Former Senator Sam Nunn stated that ``the U.S. India deal will likely 
make it more difficult to get other nations to join us in stopping 
threatening nuclear programs in Iran and North Korea.'' Similarly, 
Zbigniew Brzezinski, points out that this deal ``will complicate the 
quest for a constructive resolution of the Iranian nuclear problem.''
  Furthermore, this agreement will put the United States in the 
position of indirectly supporting an arms race in South Asia. If the 
Indians or the administration could assure us that India had agreed, 
like the United States, Russia, Great Britain, and France, to a fissile 
material production cut-off for nuclear weapons, the concern would 
diminish. We know that India currently has very limited uranium 
resources, which it now must dedicate to generating electric power. It 
is so short of uranium that it can only run its reactors at about two-
thirds capacity. But that will change once India gains access to 
foreign uranium supplies for its civilian uses. The agreement would 
provide India with sufficient uranium to supply its civilian reactors, 
freeing up domestic supplies for military purposes. Former Senator Sam 
Nunn warns that ``India will no longer be forced to choose whether its 
own limited uranium stocks should be used to support its civilian 
nuclear program or its nuclear weapons program.''
  Some experts estimate that India could increase production from a 
handful of weapons a year to 50 or more, if it could use its domestic 
production for its weapons program. How will China and Pakistan react 
to India's increasing nuclear stockpile, as well as to the enhanced 
potential to produce fissile material as a result of this new 
cooperation? India states it only wants to build up its nuclear arsenal 
to the ``minimum credible deterrence'' level before it stops building 
nuclear weapons, but we don't really know what India is likely to do. 
How many more weapons will it need to reach that minimum credible 
deterrence? 50? 100? 500? Will Pakistan and China respond by building 
more weapons, too? Will the mad race for nuclear arms take on a life of 
its own, continuing to escalate with reckless abandon?
  And what will happen with our other allies who are members of the 
nonproliferation regime? There is no doubt that the Nuclear 
Nonproliferation Treaty has played an essential role in the decisions 
of countries such as South Africa, Brazil, Argentina, and South Korea 
all allies of the United States--to stop pursuing their own nuclear 
weapons programs. But if we allow India to build nuclear weapons and 
enjoy civilian nuclear cooperation, will other U.S. friends and other 
countries in the future follow India's lead and demand the same? If we 
argue that the decision about India was based on trust, how on Earth 
will we be able to argue otherwise with these allies? They will accuse 
us rightly of having a double standard. I think we can all agree that 
the fewer the countries with nuclear weapons the better for U.S. 
national security, even if those aspiring countries are friendly toward 
the United States.
  President Jimmy Carter said in March that ``there is no doubt that 
condoning avoidance of the NPT encourages the spread of nuclear 
weaponry. Japan, Brazil, Indonesia, South Africa, Argentina and many 
other technologically advanced nations have chosen to abide by the NPT 
to gain access to foreign nuclear technology. Why should they adhere to 
self-restraint if India rejects the same terms.''
  And what will happen to the international supply of material to India 
if it does test another weapon? While I am reasonably confident that 
the United States would terminate supplying nuclear materials and 
technology to India, there is a question whether the international 
regime particularly the Nuclear Suppliers Group would cease 
cooperation. Once the door to cooperation is opened to India, it may be 
difficult to get other countries to agree to shut it again. The Indian 
press has suggested that if India tests again it would likely lose the 
United States as a supplier but would retain access to uranium from 
other sources. In fact, Indian Prime Minister Singh told his Parliament 
in August that if there were a disruption of uranium supplies to India, 
such as in result of India testing another device, that ``the United 
States and India would jointly convene a group of friendly supplier 
countries, Russia, France and the United Kingdom, aimed at restoring 
fuel supplies to India.'' This certainly should raise alarm bells. I 
know Senator Obama has tried to address that problem with his amendment 
to the Senate bill, but all should be asking whether we should open the 
international spigot if we are uncertain about whether we can shut it 
off.
  Much has been made of the foreign policy benefit to America of this 
agreement, but I reject fully--the notion that America's relationship 
with India or the Indian American community--can or should be defined 
by this vote.
  The United States and India have a multitude of ties, which are 
growing ever closer, ever stronger. In the last decade we have seen a 
dramatic improvement in bilateral relations.
  India and America are the two largest democracies in the world. We 
share deeply held, common values, including respect for human rights, 
the rule of law, promoting peace, and prosperity in the world.
  My family and I have long had an interest in India. My brothers--John 
and Bobby visited in 1951, and I am a friend of India. I work closely 
with the Indian-American community to address hate crimes, immigration, 
and other issues that affect their daily lives.
  President Kennedy was right when he characterized India as a ``great 
and vital hope of democracy in Asia.'' He rightfully exclaimed that 
``no thoughtful citizen'' could fail to recognize that India was a 
great and vital hope of democracy in Asia.
  Today, India is the world's largest democracy and soon will be the 
world's

[[Page 22168]]

largest country. It has one of the fastest growing economies and plays 
a leading role in global affairs.
  The United States and India are seeking to improve trade and 
investment ties. We are cooperating in key areas such as agriculture, 
technology, energy, and the environment. India's green revolution came 
from America and proved essential to ending massive starvation in 
India. Today, our countries are cooperating on the next green 
revolution, to increase agricultural productivity and to help the 
environment.
  Defense cooperation is increasing. Our militaries are conducting more 
joint exercises, India is purchasing more U.S. counterterrorism and 
defense equipment, and in June 2005, the United States and India signed 
a 10-year defense pact.
  India, in recent years, has been the leader in sending students to 
study in the United States. Cultural links--whether food, movies, music 
or literature--are growing, too.
  After September 11, the United States cooperated with India in 
dealing with international terrorism threats.
  We are also working closely with India on public health threats, 
including HIV/AIDS and avian influenza.
  Our relationship is strong today and will continue to grow. These 
ties can and should continue to grow regardless of this agreement 
because it is in the interests of both of our countries.
  But we need to be realistic about the foreign policy benefits of this 
agreement.
  Naturally, we want the Indian Government to work with the United 
States to advance our foreign policy objectives. But we need to be 
realistic enough to know that India will follow a foreign policy that 
suits its interest. We should not and cannot expect India to pursue a 
policy that diverges from its national interests or not to pursue a 
policy that is in its national interests.
  Fortunately, India's national interests converge with ours on the 
vital national security issues. Neither country wants to see Iran 
acquire nuclear weapons and both are profoundly concerned by the 
terrorist threats. The tragic bombing in Mumbai in July where more than 
200 people were killed by terrorists underscored to Indians that 
terrorism is a real and present danger.
  But we would be fooling ourselves if we thought that concluding a 
nuclear cooperative agreement with India will make it adopt policies 
regarding China, Iran, or others in the region or the world that are 
contrary to its national interest.
  Conversely, not concluding an agreement will not mean that India will 
forsake its national interests to spite the United States. India will 
not confront China or Iran or any other country merely because the 
United States asks it to do so. India will do so only if it is in 
India's national interests. This is independent of whether or not there 
is nuclear cooperation in place.
  Further, many have suggested that the U.S. nuclear industry will 
benefit from this agreement with increased reactor sales to India. 
However, this is not the case. Neither the United States nor India has 
ratified an international agreement to limit the civil liability for 
nuclear reactors.
  Until both nations agree to limit the liability, the U.S. nuclear 
industry will be hesitant to sell reactors to India. However, France 
and Russia have no such hesitations. Both have state-owned nuclear 
industries, so it is much less likely that victims of a nuclear reactor 
failure would be able to successfully sue for damages.
  As we have seen at Three Mile Island, Chernobyl, and Bhopal, the 
liability exposure for such accidents can be overwhelming, resulting in 
thousands of deaths and radiation exposure for millions of people. 
Understandably, the U.S. nuclear industry is reluctant to sell reactors 
to another country until their liability for such an accident is 
limited.
  If we support this agreement without accompanying limitations on 
liability, we open the door for the French and the Russians to sell 
nuclear reactors to India but not for our own industry.
  I also do not believe this is an issue the Congress should be voting 
on now.
  President Bush is asking us to trust him that the risks of this 
agreement will not materialize and that additional benefits will 
follow--especially that India will cease fissile material production as 
a result of a new treaty.
  But with so many details unresolved and much up in the air, I see a 
vote for this legislation, which will permanently change U.S. law, as 
giving the administration a blank check in concluding the negotiations 
with India on a nuclear cooperation agreement and with the terms of 
safeguard agreements with the International Atomic Energy Agency and 
revisions to the Nuclear Suppliers Group's guidelines.
  Nuclear nonproliferation is too important to our national security to 
take unnecessary risks. We should wait until the whole package has been 
negotiated and until we have better answers to the questions I have 
raised about the implications of this agreement before we take this 
step; for once we take the step of carving up the international 
nonproliferation regime, it is no easy matter to return if we find out 
we have erred. This genie cannot be put back in the bottle.
  I am particularly concerned that unpleasant answers will come out 
after we have voted on the legislation. In an action that was eerily 
reminiscent of the White House's decision to withhold until after the 
vote on the Iraq war North Korea's admission about its nuclear weapons 
program, the State Department delayed a report on proliferation with 
Iran until after the House had already approved this agreement. It 
turned out that there were two Indian companies on that report. 
Further, the administration kept quiet on Pakistan's constructing a 
nuclear reactor that could be used in a regional arms race, making 
India more likely to ramp up its production of fissile material, using 
the domestic production freed up by this agreement. And, as we learned 
this week, Ambassador Negroponte has not yet provided answers to the 
Foreign Relations Committee's questions on India's nonproliferation 
activities.
  We have the time and we have the responsibility to get this right. 
Let's be sure of what we are getting ourselves into.
  If it can be shown with enough confidence that India will take steps 
to become a full-fledged member of the nonproliferation community and 
has agreed to cut off production of fissile material, then I would 
certainly vote in favor of the cooperation agreement. Until then, I 
will be reserving my vote, looking for answers, and waiting to see the 
final agreement.
  Mr. REED. Mr. President, today the Senate is undertaking an important 
debate on the India Agreement for Civil Nuclear Cooperation.
  On July 18, 2005, President Bush and Indian Prime Minister Manmohan 
Singh signed an agreement to resume full civilian nuclear cooperation 
for the first time since India conducted its initial nuclear test in 
1974. Such an agreement will require changes to U.S. law and 
accommodations with the international community.
  The Atomic Energy Act of 1954 assures the proper management of 
source, special nuclear, and byproduct material. Several sections of 
the AEA are at issue in this agreement, so I would like to take a 
moment to explain the pertinent provisions.
  Section 123 of the AEA limits the ability of the United States to 
enter into agreements with nonweapons states unless the agreement meets 
a minimum of nine criteria, including a requirement that the recipient 
country has in place an agreement with the International Atomic Energy 
Agency, IAEA, to safeguard in perpetuity nuclear material, equipment, 
and technology so that it will not be diverted for weapons use. This 
type of agreement is known as a ``full-scope safeguards'' agreement. A 
123 Agreement is the precursor to any export license for the nuclear 
materials, equipment and technology.
  Section 128 requires that any export license for nuclear materials, 
technology or equipment contain a requirement that the recipient 
nonnuclear weapons state maintain IAEA safeguards.

[[Page 22169]]

  Section 129 of the AEA requires that any 123 Agreement or export 
license be terminated if the nonnuclear weapons state recipient 
detonates a nuclear explosive device, terminates, abrogates, or 
violates IAEA safeguards, or engages in activities that support 
development of a nuclear explosive device. Section 129 would also 
prohibit entrance into a section 123 Agreement with any nonnuclear 
weapons state that detonated a nuclear explosive device after 1978.
  S. 3709, the bill we are considering today, establishes a mechanism 
whereby the President may submit a 123 Agreement for civil nuclear 
cooperation with India, a nonweapons state under the Nuclear Non-
Proliferation Treaty, to Congress for approval. However, this bill 
would allow the President to waive certain requirements of section 123, 
section 128, and portions of section 129, as long as the President 
makes certain determinations that are set out in the bill.
  India is the largest democracy in the world. Its economy is growing 
by 8 percent annually. Since the beginning of this century, United 
States-India relations on issues from trade to defense have been 
growing stronger each year. The United States also benefits from a 
large Indian-American population. Rhode Island is home to a vibrant 
Indian community who contribute greatly to the State. I believe that 
the United States should do all that it can to assist India and further 
strengthen the partnership between the two countries.
  However, this agreement does raise significant concerns. I believe 
that proliferation of nuclear material is the greatest threat facing 
our country today. North Korea recently conducted its first nuclear 
test. Iran seems intent on pursuing a nuclear program. Even efforts to 
reduce the overall size of the U.S. and Russian nuclear weapons 
stockpiles have stalled. While there has been some small progress in 
reducing the number of deployed nuclear warheads there has been no 
progress in reducing the overall size of the U.S. nuclear weapons 
stockpile. There is great concern, therefore, that this agreement 
strikes a blow to what remains of the international nuclear 
nonproliferation regime.
  I, too, would share that concern, if the Senate had adopted the bill 
the administration proposed. However, I believe that the Foreign 
Relations Committee, under the leadership of Senators Lugar and Biden, 
who are certainly experts on these matters, have crafted a bill which, 
I believe, has sufficient safeguards. I think that they are trying to 
adapt the nonproliferation regime, not destroy it.
  First, section 105 of this bill sets out a series of determinations 
the President must make in writing when he submits the 123 Agreement. I 
believe these determinations will both provide a reasonable equivalent 
of full-scope safeguards and address several other concerns with 
respect to the Indian nuclear program, including concerns that the 
agreement not facilitate or assist the Indian nuclear weapons program. 
For the most part, the determinations reflect what India has committed 
to do in the July 2005 joint statement.
  Probably the most important of the determinations in section 105 is 
the fifth, which states, ``India is working with the United States to 
conclude a multilateral treaty on the cessation of the production of 
fissile materials.'' This determination breathes new life into efforts 
to achieve a Fissile Materials Cutoff Treaty, even driving the United 
States back to the negotiating table. Determination number 5 is the one 
single element in this bill that could prevent further growth in 
India's nuclear weapons stockpile and could lead to real reductions. In 
addition, this certification may also work to eliminate the impasse 
between India and Pakistan whereby neither wants to be the first to 
adopt a Fissile Material Cutoff Treaty.
  Section 106 of S. 3709 would prohibit the export of equipment, 
materials and technologies related to uranium enrichment, spent nuclear 
fuel reprocessing, and the production of heavy water, unless the user 
is a multinational facility participating in IAEA approved reactor fuel 
program or the President ``determines that the export or reexport will 
not improve India's ability to produce nuclear weapons or fissile 
material for military uses.'' On several occasions administration 
witnesses clearly stated to the Foreign Relations Committee that the 
U.S. would not provide such technologies to India. As a result, it is 
not anticipated that the presidential exemption will be used.
  Section 107 of the bill requires a program, which would include end-
use monitoring conditions as appropriate, to maintain accountability 
with respect to nuclear materials, equipment, and technology sold, 
leased and exported, or re-exported to India. This provision would 
enhance confidence in India's efforts to ensure separation of its 
civilian and military nuclear programs, facilities, materials and 
personnel and also further ensure U.S. compliance with Article I of the 
Nuclear Non-Proliferation Treaty.
  S. 3709 also requires the President to provide the Senate Foreign 
Relations Committee and the House International Relations Committee 
with updated information regarding India's compliance with 
nonproliferation commitments. Specifically, it would require the 
President to keep these committees informed of any material violation 
of India's nuclear nonproliferation commitments, the construction of 
any nuclear facilities in India, any significant changes in India's 
production of nuclear weapons or fissile materials, or changes in the 
purpose or status of India's non-declared facilities. The bill also 
requires the President to submit an annual report on the implementation 
of civil nuclear commerce, India's compliance with its nonproliferation 
commitments, and U.S. efforts and progress toward achieving India's 
full participation in the Proliferation Security Initiative and 
adherence to the guidelines and policies of the Australia Group and the 
Wassenaar Arrangement.
  It is important that this bill would waive section 129 applicability 
for any actions taken before July 18, 2005. If India detonated a 
nuclear device after the date of enactment the waiver authority would 
cease to be effective and the exports would be prohibited.
  Another vitally important provision of S. 3709 is that it follows 
current law and requires Congress to have a vote to approve any final 
123 Agreement. The House bill also has an approval process, but it is 
not clear if that process requires a vote. The administration had 
proposed that a 123 Agreement with India would only require 
congressional notification and a waiting period.
  Because of the provisions I have just discussed, I believe I can 
support this bill. I would also note that passage of this bill is 
simply the first step on a long road. If this bill passes the Senate, 
it must be conferenced with the House bill, which has different 
provisions. If the conference report comes back with the Senate 
provisions weakened, or absent, I may be obligated to vote against that 
report.
  Much more important is the substance of the 123 statement the 
President ultimately submits. I understand that this is an attempt to 
adapt the nonproliferation regime to a changing world. I will carefully 
examine any 123 Agreement to ensure that it adequately addresses vital 
proliferation concerns.
  But at this first step, I have hope that this agreement will lead to 
greater cooperation on nonproliferation rather than less. With that 
hope, I will support S. 3709.
  Mr. ALEXANDER. Mr. President, I am here to support the Lugar-Biden 
legislation that would implement changes in law necessary to secure our 
Nation's civil-nuclear agreement with India.
  This is very important to our future for two reasons: No. 1, India is 
one of the great powers of the 21st century, and this agreement 
represents an important step toward a new strategic partnership between 
our two countries; and No. 2, nuclear power is a source of clean energy 
that is good for us, and it is good for India.
  As we look at the beginning of this new century, we have witnessed 
the emergence of three great powers or influences in the world--three 
major

[[Page 22170]]

shifts that will help define the many years to come.
  One is the rise of China. One is the emergence of a new political 
Islam. And the third is the arrival of India as a great power.
  I asked Secretary Rice about these three new forces shaping the 
coming century at the Foreign Relations Committee hearing on the United 
States-India Civil Nuclear Agreement, and she agreed with my 
assessment.
  And if you look at those three emerging forces, one presents the 
greatest opportunity for us to be a partner, and that one is India: 
India, the largest democracy in the world; India, where English is an 
official language; India, where the legal system, like ours, is 
descended from that of the British; and India, where a diverse ethnic 
and religious population has joined together to form one nation with a 
democratic government. India.
  I was fortunate to travel to India earlier this year with a group of 
Senators led by Senator Enzi. We went to look at what India is doing to 
improve its economic standing by improving its brainpower through 
better education and research and an emphasis on science and 
technology. And we saw a country that is rapidly advancing.
  Both our President and this Congress, in a bipartisan fashion, are 
showing real vision by recognizing that in this new century there may 
be no more important two-country relationship than the one between the 
United States and India.
  And we share an important strategic interest: we are facing the same 
sort of energy and environmental issues. India's needs are even more 
acute.
  When I was there a few months ago, I was told that India hopes to 
bring online 50,000 MW over the next 10 years in order to meet demand.
  That is an incredible figure. If each power plant has a capacity of 
500 MW, that is 100 new power plants. And they are going to build them 
with us or without us.
  The question for us is: What kind of power plants will they build? 
From an environmental perspective, the only technology that is ready to 
go, today, to provide large amounts of reliable power without emitting 
noxious gases into the air is nuclear power.
  As new studies are emerging that India's air pollution and China's 
air pollution is also our air pollution because air pollution both 
deposits locally and moves around the globe and that their greenhouse 
gases cause just as much global warming as our greenhouse gases, then 
it is in our interest for India to build nuclear power plants rather 
than more dirty coal power plants that emit sulfur and nitrogen and 
mercury and carbon.
  Seventy-two percent of India's electricity needs are currently 
provided by coal-burning plants. Gas provides 12 percent; oil, 2 
percent; nuclear, 3 percent; hydro, 10 percent, and renewables, 1 
percent.
  This agreement won't radically shift those numbers overnight, but 
each new nuclear powerplant is a powerplant that is not emitting 
noxious gases into the air. It is one more powerplant that is not 
putting out sulfur or nitrogen or mercury or even carbon.
  So, Mr. President, before us is legislation to implement the United 
States-India Civil Nuclear Agreement. This is not an agreement about 
nuclear weapons--it is about cooperation for nuclear power. This is an 
agreement that puts us on the path to a new strategic partnership with 
India--one of the three great rising forces in this new century. And 
this is an agreement that meets energy needs while being good for the 
environment.
  I am glad that we have taken this matter up in a bipartisan manner 
and look forward to its passage today.
  Mrs. CLINTON. Mr. President, today, the Senate has begun debate on S. 
3709, the United States-India Peaceful Atomic Energy Cooperation Act, 
which will help pave the way for our Nation to assist India in 
fulfilling its energy needs. I intend to vote in support of this 
legislation.
  The United States and India are bound together by deep mutual respect 
and our common efforts to work towards a democratic, free, and secure 
world. As cochair of the Senate India Caucus, I have sought to 
strengthen the ties that bind our two nations.
  The legislation that emerged from the Senate Foreign Relations 
Committee is a significant improvement over the implementing 
legislation put forward by the administration in March. The 
administration's initial proposal sought to undercut Congressional 
authority by asking us to effectively approve an agreement before it 
had even been negotiated with India and before India had reached its 
nuclear safeguards agreement with the International Atomic Energy 
Agency, IAEA.
   I carefully followed the Senate Foreign Relations Committee's 
consideration of this agreement. Senator Richard Lugar, the Foreign 
Relations Committee chairman, and Senator Joseph Biden, the Foreign 
Relations Committee ranking member, are to be commended for the 
seriousness with which they exercised their jurisdiction over this 
legislation. Because of the efforts of Chairman Lugar and Ranking 
Member Biden, the bill before us today is much improved. This 
legislation not only retains congressional prerogatives, but it also 
ensures that Congress will not have to vote to approve a final 
agreement until every single nation in the Nuclear Suppliers Group. 
NSG, the global regime given the charge for ensuring the responsible 
trade of nuclear technology, has agreed to permit the transfer of 
peaceful nuclear technology to India. By working through the NSG, we 
will help strengthen both that group, as well as the greater 
international nonproliferation regime that is center stage as we 
address the threats posed by the nuclear weapons programs of Iran and 
North Korea.
  As India continues to grow stronger and to shoulder more of the 
responsibilities that come with being a leading nation in the world, we 
must continue to work towards greater cooperation with our Indian 
friends to deal with our common challenges in security, energy, 
economics, and health. I hope that this agreement is just one step on 
that journey that our countries, and our people, are taking together.
  Mr. DODD. Mr. President, I rise today in full support of S. 3709. The 
passage of this bill and the ultimate conclusion of the U.S.-India 
nuclear agreement will be instrumental in bringing our countries closer 
together after decades of estrangement. This outcome is not just 
desirable but essential for U.S. national interests.
  It is hard to overemphasize the importance of India's role in the 
world today. Not only is India one of the most populous countries and 
fastest growing economies in the world, it is also the world's largest 
democracy that has long demonstrated a commitment to pluralism and rule 
of law and a rich intellectual and civilization heritage.
  I applaud the efforts of both the Clinton and Bush administration in 
strengthening our ties with India. Their efforts reflect the bipartisan 
spirit with which America extends its hand of friendship to India and 
the importance that it places in getting this relationship right.
  The U.S.-India nuclear deal significantly benefits both our 
countries. It will help India meet its growing energy needs, fueling 
its economic growth and reducing the global demand and cost of fossil 
fuels. It will enhance U.S.-Indian technological and commercial 
cooperation with significant dividends for U.S. companies. And it will 
bolster our strategic partnership with India in Asia and beyond.
  It also opens the window for greater oversight over India's civil 
nuclear program, drawing an important non-signatory to the 
Nonproliferation Treaty into the broader nonproliferation system. This 
is a positive step for the U.S. in controlling the spread of nuclear 
materials and weapons and gaining an important ally in that fight.
  But the flip side of this coin is that we are doing business with a 
non-nuclear weapon state as defined by the NPT that does not have full-
scope safeguards.
  In doing so, the U.S. has overstepped domestic and international non-
proliferation laws and norms. It has sent a signal that countries can 
pursue and

[[Page 22171]]

test nuclear weapons, as India did in 1998, and wear out U.S. 
opposition. And it may trigger a low-level arms race between India and 
Pakistan as India's uranium reserves are freed up for diversion to its 
weapons program.
  Moreover, at a time when we are trying to roll back North Korea and 
Iran's nuclear program, cutting a deal with India suggests that if you 
are on America's side, you can keep your nuclear weapons. Such double 
standards are detrimental to America's interests and image.
  What we ultimately need is not a country-specific approach to civil 
nuclear cooperation but a criteria-specific one. India has agreed to 
meet some of these criteria but not all. Its nonproliferation record is 
infinitely better than that of its neighbors, but far from perfect.
  For now, the bill that is before the Senate carves out an exception 
for India. As I said earlier, I will vote for this bill because I think 
our relationship with India is critical.
  It is also important to highlight what should be one vital outgrowth 
of this relationship: halting the global production of fissile material 
that can be used in a nuclear device.
  S. 3709 calls for U.S.-Indian cooperation in pursuit of a 
multilateral fissile material cutoff treaty. However, the reality is 
that negotiations on such a treaty at the Geneva Conference on 
Disarmament have long been at a standstill due to many factors. These 
include linkages that countries have imposed with issues such as the 
militarization of space.
  The proliferation dangers of increased fissile material stockpiles 
are well understood. Yet the current approach has failed to stop 
production.
  That is why the United States needs to sit down with India and the 
other key handful of countries that have produced and are producing 
fissile material, and make a hard push for an interim non-
discriminatory moratorium on fissile material production that is 
applicable to this grouping of states. This moratorium would remain in 
effect pending the entry into force of a multilateral treaty.
  The advantage of this new format is that it allows for a smaller, 
more relevant grouping with a singular agenda where the U.S. can 
immediately introduce proposals it has already drafted for discussion.
  If we are to seriously address the nuclear challenges we face today, 
we need to break the deadlock in Geneva, think outside the box and 
focus on this issue like a laser beam. We simply cannot have countries 
churning out fissile material because it increases the chances of it 
falling into the hands of terrorists and the buildup of nuclear 
arsenals.
  In this bill, the Senate calls for the President to make several 
determinations on whether India has taken certain steps before we can 
proceed with an agreement. The Senate must also set certain benchmarks 
for our own government and ensure that it is upholding its 
responsibilities as a global leader and a nuclear weapon state.
  I can think of no better way of doing this than calling for fresh and 
meaningful negotiations on halting fissile material production. Moving 
in this direction will strengthen the U.S.-India nuclear deal and make 
it a catalyst for positive change in the nonproliferation system.
  In the end, the goal should be a strong U.S. India relationship and a 
nuclear deal that provides momentum toward strengthening the nuclear 
nonproliferation system.
  Mr. KERRY. Mr. President, last year President Bush and Indian Prime 
Minister Manmohan Singh ushered in a new era of cooperation between the 
United States and India on civilian nuclear energy. President Bush 
promised to seek the necessary changes in U.S. laws and policies to 
allow full cooperation and commerce in this area. In return, Prime 
Minister Singh has committed India to specific steps strengthening its 
adherence to various elements of the global nonproliferation regime. 
This agreement marks a historic milestone for U.S. relations with 
India, one of our most important friends, a natural ally, and a country 
that can be a close partner on a number of key issues including nuclear 
nonproliferation.
  The legislation pending before us today is critically important 
because it sets the framework for Congress to consider a formal 
peaceful nuclear cooperation agreement with India under section 123 of 
the Atomic Energy Act. The Foreign Relations Committee passed this bill 
with strong bipartisan support shortly before the July 4th recess, and 
I hope the full Senate will follow suit. By passing this legislation, 
we will not only move the United States and India one step closer to 
energy cooperation but also send a clear message that a strong United 
States-India relationship is vital to both of our nations.
  More and more, this bond is built on the bedrock of natural 
affinities--on shared interests and shared values. And it is no 
wonder--our two countries are natural partners. We should be partners 
in the war on terror, in the spread of democracy, in religious 
tolerance, in advancing technology, and in bringing stability and 
balance to Asia. In the post-9/11 world, we share interests and we 
share threats. India after all sees more terror attacks every year than 
any other country.
  For a long time, South Asians and Americans have been extremely 
close--thanks to so many families spilt between the two countries and 
such a vibrant Indian-American community here at home. But now at last 
our Governments are finally catching up to our people and bringing our 
countries together.
  I have long believed that it is in the interest of the United States 
and India to expand our strategic relationship. In 1994 I took a trade 
delegation from my home State of Massachusetts to India. It was clear 
to me that Cold War tensions had created a gulf between our nations 
that didn't serve either country. I believed then that India could and 
should be a critical American partner in South Asia. My subsequent 
trips in 1999 and again earlier this year have only reinforced that 
view.
  With its strategic location in South Asia and its experience in 
maintaining a stable and religiously diverse democracy--India has 
nearly 150 Muslim citizens--India can be an important partner on a 
range of issues, from combating the threat of terrorism and 
proliferation to promoting democracy and regional security. Cooperating 
on the civilian nuclear front can help move this essential partnership 
forward.
  I know from my discussions in India this past January with Prime 
Minister Singh and his National Security Adviser that they want our 
help in meeting India's energy needs. This is crucial if India is to 
continue to expand its economy and increase its stature as a major 
regional and global power. And they see this nuclear initiative, as we 
do, as an important foundation for our bilateral relationship.
  And everywhere I went, I kept hearing from political leaders and 
businessmen just how important they consider American investment in 
India's economic future--and not just in technology. India wants our 
help. They see this nuclear initiative as a cornerstone of economic 
development and sensible energy policy, and I see it as a great chance 
for our countries to work together.
  Civil nuclear cooperation is in India's interest, but it is also in 
ours. That is why during my trip to India in January I was one of the 
first Senators to express my support for the civil nuclear initiative 
in principle. Since then, I have been committed to working with my 
colleagues to find a way to make this deal work for all our interests. 
I am pleased that we have accomplished that with the legislation 
approved by the committee.
  Obviously, there are ramifications for our nonproliferation efforts 
because for the first time we are agreeing to engage in nuclear 
cooperation with a country that has a nuclear weapons program but is 
not a party to the Nuclear Non-proliferation Treaty or bound by its 
obligations. We cannot gloss over the fact that this is an 
unprecedented step. But it is not one taken lightly. I am convinced 
that this exception for India makes sense, despite its real costs, 
given India's record as a trustworthy steward of nuclear materials and 
technologies.

[[Page 22172]]

  India can be an important ally in our global nonproliferation 
efforts, as demonstrated by their voting with us in the International 
Atomic Energy Agency to try to curb Iran's nuclear ambitions. And, of 
course, India is critical to any regional effort to cap fissile 
material production. India has made a number of positive commitments 
with respect to its nuclear program, such as separating its civil and 
military facilities, putting more of its civilian facilities under IAEA 
safeguards, and working with the United States to achieve a 
multilateral fissile material cutoff treaty.
  I believe this bill we are considering today will encourage India to 
fulfill these commitments while still allowing for timely consideration 
by Congress of the bilateral nuclear cooperation agreement--the so-
called section 123 agreement--when it is concluded by Indian and 
American negotiators. As I said when Secretary Rice testified before 
the committee on this deal in early April, it is critical for us to see 
the safeguards agreement that India reaches with the IAEA before taking 
action on the section 123 agreement between us and India. This bill 
ensures that we will. I am pleased that it includes my language 
clarifying that India's safeguards agreement with the IAEA must provide 
for safeguards ``in perpetuity,'' as India has said it would.
  Arthur Vandenberg, a Republican Senator from Michigan, used to say 
that partisan politics ought to stop at the water's edge. Crafting this 
legislation was not easy, but I am pleased to say that we have thus far 
met Vandenberg's challenge. And we must continue to do so.
  To reach agreement, we had to balance a number of critically 
important interests: building a strong and comprehensive relationship 
with India, furthering our global nonproliferation efforts, and 
protecting congressional prerogatives to act on nuclear cooperation 
agreements between the United States and other countries. I recognize 
that there are aspects of this legislation that some on both sides of 
the debate wish had come out differently, but on the whole, I believe 
the legislation the committee has sent to the Senate is a good-faith--
and ultimately successful--effort to meet those needs.
  One of the most important aspects of the balance in the bill before 
us is the requirement that Congress review the formal peaceful nuclear 
cooperation agreement with India, which must be submitted under section 
123 of the Atomic Energy Act. The bill passed by the House includes 
procedures which would deny Congress a full right of review. Such an 
approach would undermine the balance we have struck in this bill. I 
believe it is essential that the Senate conferees insist upon the 
procedures in the Senate bill for the consideration of the 123 
agreement. The Senate bill is a good bill, and our goal should be to 
enact as much of it as possible.
  We have taken an important step forward for one of our most promising 
and important relationships in the years to come.
  Mr. ROCKEFELLER. Mr. President, I rise to express my strong support 
for this bill.
  The proposed agreement will mark a momentous change in U.S. and 
global nuclear policy, in my view for the better. It will give India 
due recognition as a global power, and it will deepen the bilateral 
commercial and strategic relationship that the United States enjoys 
with the world's largest democracy.
  Beyond these commercial and strategic benefits, this deal will bring 
India into the mainstream of the global nonproliferation system for the 
first time in its nuclear history. This bill includes a number of 
nonproliferation-related provisions, including a requirement that the 
U.S.-India agreement will not enter into force unless and until India 
and the International Atomic Energy Agency negotiate and conclude an 
inspection agreement. It also includes a requirement that the U.S.-
India agreement will not enter into force unless and until India and 
the IAEA negotiate and conclude a safeguards agreement. Further, it 
requires that the U.S.-India agreement will not enter into force unless 
and until the Nuclear Suppliers Group reaches consensus on nuclear 
trade with India and bans U.S. export of uranium enrichment and 
reprocessing technologies under any U.S.-India agreement.
  This agreement will benefit the economic, strategic, and security 
interests of the United States, and I offer my strong support for it 
and congratulate my colleagues, Senator Lugar and Senator Biden, for 
completing this important legislation.
  Mr. McCONNELL. Mr. President, I rise in support of S. 3709, the 
United States-India, Peaceful Atomic Energy Cooperation Act, 
legislation which will permit the United States to export nuclear 
material to India for peaceful purposes.
  I applaud President George W. Bush and Secretary of State Condoleezza 
Rice for taking this bold, new and welcome approach to America's 
bilateral relations with India. For too long our relations with India 
and Pakistan have resembled a zero-sum game--by helping one nation, we 
have been perceived as hurting the other.
  This agreement helps to liberate U.S. policy from this false choice; 
the United States can and should enjoy positive relations with both 
nations. This bill will broaden and deepen America's emerging strategic 
partnership with India.
  This legislation is also part of a broader framework for the United 
States and India to work together on many issues, including energy, 
defense cooperation, anti-terrorism efforts and the promotion of 
democracy. S. 3709 will strengthen the world's security by expanding 
the reach of international non-proliferation efforts, and will increase 
transparency about India's civilian nuclear program.
  In addition, this bill will boost America's energy security by 
helping India meet its growing energy needs with nuclear power. With a 
population over one billion, India has greatly increased the demand for 
energy, helping to raise energy prices on the world market. The more 
power India can get from other sources, the less Americans will have to 
pay for energy here at home.
  This bill will also foster economic growth in America by opening up 
new opportunities for American companies to do business in India's 
civilian nuclear sector. By passing this legislation, my colleagues 
will help create new jobs for Americans and new markets for American 
firms.
  I want to commend my good friend from the neighboring State of 
Indiana, Senator Lugar, for his sponsorship of this bill and his 
successful shepherding of it through the Senate.
  Mr. President, improving U.S.-Indian ties is long overdue. After all, 
America and India are the worlds two largest democracies. As President 
Bush continues to champion the spread of democracy abroad, it is 
entirely fitting that our two countries should continue to strengthen 
our strategic partnership, as a model for the world of what democracies 
can accomplish when they work together in peace.
  The PRESIDING OFFICER. The Senator from Indiana is recognized.
  Mr. LUGAR. Mr. President, the unanimous consent order provides for 1 
minute on each side. I will forego my minute, but I would like to yield 
to the distinguished leader, who is here. He wants to make a comment.
  Mr. FRIST. Mr. President, just for the information of my colleagues, 
this will be the last rollcall vote tonight. The plans will be on 
Monday, December 4, to be back in session, and in all likelihood we 
will not be voting until the late afternoon of December 5. Everybody 
stay posted. We will keep you apprised of the future plans.
  Mr. LUGAR. Mr. President, we relinquish all time.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to the consideration of H.R. 5682, which the clerk will report.
  The assistant legislative clerk read as follows:


[[Page 22173]]

       A bill (H.R. 5682) to exempt from certain requirements of 
     the Atomic Energy Act of 1954 a proposed nuclear agreement 
     for cooperation with India.

  The PRESIDING OFFICER. Under the previous order, all after the 
enacting clause is stricken, and the text of S. 3709, as amended, is 
inserted in lieu thereof.
  The question is on third reading of the bill.
  The bill (H.R. 5682), as amended, was ordered to a third reading and 
was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall it pass?
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. The following Senators were necessarily absent: the 
Senator from Oklahoma (Mr. Inhofe) and the Senator from Wyoming (Mr. 
Thomas).
  Mr. DURBIN. I announce that the Senator from Vermont (Mr. Jeffords) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 85, nays 12, as follows:

                      [Rollcall Vote No. 270 Leg.]

                                YEAS--85

     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bond
     Brownback
     Bunning
     Burns
     Burr
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeMint
     DeWine
     Dodd
     Dole
     Domenici
     Durbin
     Ensign
     Enzi
     Feinstein
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inouye
     Isakson
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCain
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thune
     Vitter
     Voinovich
     Warner
     Wyden

                                NAYS--12

     Akaka
     Bingaman
     Boxer
     Byrd
     Conrad
     Dayton
     Dorgan
     Feingold
     Harkin
     Johnson
     Kennedy
     Leahy

                             NOT VOTING--3

     Inhofe
     Jeffords
     Thomas
  The bill (H.R. 5682), as amended, was passed, as follows:

                               H.R. 5682

       Resolved, That the bill from the House of Representatives 
     (H.R. 5682) entitled ``An Act to exempt from certain 
     requirements of the Atomic Energy Act of 1954 a proposed 
     nuclear agreement for cooperation with India.'', do pass with 
     the following amendment:
       Strike out all after the enacting clause and insert:

    TITLE I--UNITED STATES-INDIA PEACEFUL ATOMIC ENERGY COOPERATION

     SECTION 101. SHORT TITLE.

       This title may be cited as the ``United States-India 
     Peaceful Atomic Energy Cooperation Act''.

     SEC. 102. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) strong bilateral relations with India are in the 
     national interest of the United States;
       (2) the United States and India share common democratic 
     values and the potential for increasing and sustained 
     economic engagement;
       (3) commerce in civil nuclear energy with India by the 
     United States and other countries has the potential to 
     benefit the people of all countries;
       (4) such commerce also represents a significant change in 
     United States policy regarding commerce with countries not 
     parties to the Nuclear Non-Proliferation Treaty, which 
     remains the foundation of the international non-proliferation 
     regime;
       (5) any commerce in civil nuclear energy with India by the 
     United States and other countries must be achieved in a 
     manner that minimizes the risk of nuclear proliferation or 
     regional arms races and maximizes India's adherence to 
     international non-proliferation regimes, including, in 
     particular, the Guidelines of the Nuclear Suppliers Group 
     (NSG); and
       (6) the United States should not seek to facilitate or 
     encourage the continuation of nuclear exports to India by any 
     other party if such exports are terminated under United 
     States law.

     SEC. 103. DECLARATION OF POLICY CONCERNING UNITED STATES-
                   INDIA PEACEFUL ATOMIC ENERGY COOPERATION.

       It shall be the policy of the United States with respect to 
     any peaceful atomic energy cooperation between the United 
     States and India--
       (1) to achieve as quickly as possible a cessation of the 
     production by India and Pakistan of fissile materials for 
     nuclear weapons and other nuclear explosive devices;
       (2) to achieve as quickly as possible the Government of 
     India's adherence to, and cooperation in, the full range of 
     international non-proliferation regimes and activities, 
     including India's--
       (A) full participation in the Proliferation Security 
     Initiative;
       (B) formal commitment to the Statement of Interdiction 
     Principles;
       (C) public announcement of its decision to conform its 
     export control laws, regulations, and policies with the 
     Australia Group and with the Guidelines, Procedures, 
     Criteria, and Controls List of the Wassenaar Arrangement; and
       (D) demonstration of satisfactory progress toward 
     implementing the decision described in subparagraph (C);
       (3) to ensure that India remains in full compliance with 
     its non-proliferation, arms control, and disarmament 
     agreements, obligations, and commitments;
       (4) to ensure that any safeguards agreement or Additional 
     Protocol thereto to which India is a party with the 
     International Atomic Energy Agency (IAEA) can reliably 
     safeguard any export or reexport to India of any nuclear 
     materials and equipment;
       (5) to meet the requirements set forth in subsections a.(1) 
     and a.(3)-a.(9) of section 123 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2153);
       (6) to act in a manner fully consistent with the Guidelines 
     for Nuclear Transfers and the Guidelines for Transfers of 
     Nuclear-Related Dual-Use Equipment, Materials, Software and 
     Related Technology developed by the multilateral Nuclear 
     Suppliers Group and the rules and practices regarding NSG 
     decision-making;
       (7) given the special sensitivity of equipment and 
     technologies related to the enrichment of uranium, the 
     reprocessing of spent nuclear fuel, and the production of 
     heavy water, to work with members of the Nuclear Suppliers 
     Group, individually and collectively, to further restrict the 
     transfers of such equipment and technologies, including to 
     India;
       (8) to maintain the fullest possible international support 
     for, adherence to, and compliance with the Nuclear Non-
     Proliferation Treaty; and
       (9) that exports of nuclear fuel to India should not 
     contribute to, or in any way encourage, increases in the 
     production by India of fissile material for non-civilian 
     purposes.

     SEC. 104. WAIVERS FOR COOPERATION WITH INDIA.

       (a) Waiver Authority.--If the President submits a 
     determination under section 105 to the appropriate 
     congressional committees and makes available to such 
     committees the text of the agreement described in paragraph 
     (3) of such section, the President may--
       (1) subject to subsection (b), exempt a proposed agreement 
     for cooperation with India arranged pursuant to section 123 
     of the Atomic Energy Act of 1954 (42 U.S.C. 2153) from the 
     requirement of subsection a.(2) of such section;
       (2) waive the application of section 128 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2157) with respect to exports 
     to India; and
       (3) waive the application of any sanction with respect to 
     India under--
       (A) section 129 a.(1)(D) of the Atomic Energy Act of 1954 
     (42 U.S.C. 2158(a)(1)(D)); and
       (B) section 129 of such Act (42 U.S.C. 2158) regarding any 
     actions that occurred before July 18, 2005.
       (b) Joint Resolution of Approval Requirement.--An agreement 
     for cooperation exempted by the President pursuant to 
     subsection (a)(1) shall be subject to the second proviso in 
     subsection d. of section 123 of the Atomic Energy Act of 1954 
     (42 U.S.C. 2153(d)) applicable to agreements exempted by the 
     President pursuant to subsection (a) of such section.

     SEC. 105. DETERMINATION REGARDING UNITED STATES-INDIA 
                   PEACEFUL ATOMIC ENERGY COOPERATION.

       The determination referred to in section 104 is a written 
     determination by the President, which shall be accompanied by 
     a report to the appropriate congressional committees, that--
       (1) India has provided to the IAEA and the United States a 
     credible plan to separate its civil nuclear facilities, 
     materials, and programs from its military facilities, 
     materials, and programs;
       (2) India has filed a complete declaration regarding its 
     civil nuclear facilities and materials with the IAEA;
       (3) an agreement between India and the IAEA requiring the 
     application of safeguards in perpetuity in accordance with 
     IAEA standards, principles, and practices to civil nuclear 
     facilities, programs, and materials described in paragraph 
     (2) has entered into force;
       (4) India and the IAEA are making substantial progress 
     toward implementing an Additional Protocol;
       (5) India is working with the United States to conclude a 
     multilateral treaty on the cessation of the production of 
     fissile materials for use in nuclear weapons or other nuclear 
     explosive devices;
       (6) India is supporting international efforts to prevent 
     the spread of enrichment and reprocessing technology to any 
     state that does not already possess full-scale, functioning 
     enrichment or reprocessing plants;
       (7) India has secured nuclear and other sensitive materials 
     and technology through the application of comprehensive 
     export control legislation and regulations, including through 
     effective enforcement actions, and through harmonization of 
     its control lists with, and adherence

[[Page 22174]]

     to, the guidelines of the Missile Technology Control Regime 
     and the Nuclear Suppliers Group;
       (8) India is fully and actively participating in United 
     States and international efforts to dissuade, sanction, and 
     contain Iran for its nuclear program consistent with United 
     Nations Security Council resolutions; and
       (9) the Nuclear Suppliers Group has decided to permit civil 
     nuclear commerce with India pursuant to a decision taken by 
     the Nuclear Suppliers Group that--
       (A) was made by consensus; and
       (B) does not permit nuclear commerce with any non-nuclear 
     weapon state other than India that does not have IAEA 
     safeguards on all nuclear materials and all peaceful nuclear 
     activities within the territory of such state, under its 
     jurisdiction, or carried out under its control anywhere.

     SEC. 106. PROHIBITION ON CERTAIN EXPORTS AND REEXPORTS.

       (a) Prohibition.--
       (1) Nuclear regulatory commission.--Except as provided in 
     subsection (b), the Nuclear Regulatory Commission may not 
     authorize pursuant to part 110 of title 10, Code of Federal 
     Regulations, licenses for the export or reexport to India of 
     any equipment, materials, or technology related to the 
     enrichment of uranium, the reprocessing of spent nuclear 
     fuel, or the production of heavy water.
       (2) Secretary of energy.--Except as provided in subsection 
     (b), the Secretary of Energy may not authorize pursuant to 
     part 810 of title 10, Code of Federal Regulations, licenses 
     for the export or reexport to India of any equipment, 
     materials, or technology to be used for the enrichment of 
     uranium, the reprocessing of spent nuclear fuel, or the 
     production of heavy water.
       (b) Exceptions.--Exports or reexports otherwise prohibited 
     under subsection (a) may be approved if--
       (1) the end user--
       (A) is a multinational facility participating in an IAEA-
     approved program to provide alternatives to national fuel 
     cycle capabilities; or
       (B) is a facility participating in, and the export or 
     reexport is associated with, a bilateral or multinational 
     program to develop a proliferation-resistant fuel cycle; and
       (2) the President determines that the export or reexport 
     will not improve India's ability to produce nuclear weapons 
     or fissile material for military uses.

     SEC. 107. END-USE MONITORING PROGRAM.

       (a) In General.--The President shall ensure that all 
     appropriate measures are taken to maintain accountability 
     with respect to nuclear materials, equipment, and technology 
     sold, leased, exported, or reexported to India and to ensure 
     United States compliance with Article I of the Nuclear Non-
     Proliferation Treaty.
       (b) Measures.--The measures taken pursuant to subsection 
     (a) shall include the following:
       (1) Obtaining and implementing assurances and conditions 
     pursuant to the export licensing authorities of the Nuclear 
     Regulatory Commission and the Department of Commerce and the 
     authorizing authorities of the Department of Energy, 
     including, as appropriate, conditions regarding end-use 
     monitoring.
       (2) A detailed system of reporting and accounting for 
     technology transfers, including any retransfers in India, 
     authorized by the Department of Energy pursuant to section 57 
     b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)). Such 
     system shall be capable of providing assurances that--
       (A) the identified recipients of the nuclear technology are 
     authorized to receive the nuclear technology;
       (B) the nuclear technology identified for transfer will be 
     used only for peaceful safeguarded nuclear activities and 
     will not be used for any military or nuclear explosive 
     purpose; and
       (C) the nuclear technology identified for transfer will not 
     be retransferred without the prior consent of the United 
     States, and facilities, equipment, or materials derived 
     through the use of transferred technology will not be 
     transferred without the prior consent of the United States.
       (3) In the event the IAEA is unable to implement safeguards 
     as required by an agreement between the United States and 
     India arranged pursuant to section 123 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2153), arrangements that conform with 
     IAEA safeguards standards, principles, and practices that 
     provide assurances equivalent to that intended to be secured 
     by the system they replace, including--
       (A) review in a timely fashion of the design of any 
     equipment transferred pursuant to the agreement for 
     cooperation, or of any facility that is to use, fabricate, 
     process, or store any material so transferred or any special 
     nuclear material used in or produced through the use of such 
     material and equipment;
       (B) maintenance and disclosure of records and of relevant 
     reports for the purpose of assisting in ensuring 
     accountability for material transferred pursuant to the 
     agreement and any source or special nuclear material used in 
     or produced through the use of any material and equipment so 
     transferred; and
       (C) access to places and data necessary to account for the 
     material referred to in subparagraph (B) and to inspect any 
     equipment or facility referred to in subparagraph (A).
       (c) Implementation.--The measures described in subsection 
     (b) shall be implemented to provide reasonable assurances 
     that the recipient is complying with the relevant 
     requirements, terms, and conditions of any licenses issued by 
     the United States regarding such exports, including those 
     relating to the use, retransfer, safe handling, secure 
     transit, and storage of such exports.

     SEC. 108. IMPLEMENTATION AND COMPLIANCE.

       (a) Information on Nuclear Activities of India.--The 
     President shall keep the appropriate congressional committees 
     fully and currently informed of the facts and implications of 
     any significant nuclear activities of India, including--
       (1) any material non-compliance on the part of the 
     Government of India with--
       (A) the non-proliferation commitments undertaken in the 
     Joint Statement of July 18, 2005, between the President of 
     the United States and the Prime Minister of India;
       (B) the separation plan presented in the national 
     parliament of India on March 7, 2006, and in greater detail 
     on May 11, 2006;
       (C) a safeguards agreement between the Government of India 
     and the IAEA;
       (D) an Additional Protocol between the Government of India 
     and the IAEA;
       (E) a peaceful nuclear cooperation agreement between the 
     Government of India and the United States Government pursuant 
     to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2153) or any subsequent arrangement under section 131 of such 
     Act (42 U.S.C. 2160);
       (F) the terms and conditions of any approved licenses; and
       (G) United States laws and regulations regarding the export 
     or reexport of nuclear material or dual-use material, 
     equipment, or technology;
       (2) the construction of a nuclear facility in India after 
     the date of the enactment of this Act;
       (3) significant changes in the production by India of 
     nuclear weapons or in the types or amounts of fissile 
     material produced; and
       (4) changes in the purpose or operational status of any 
     unsafeguarded nuclear fuel cycle activities in India.
       (b) Implementation and Compliance Report.--Not later than 
     180 days after the date on which an agreement between the 
     Government of India and the United States Government pursuant 
     to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2153) enters into force, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report including--
       (1) a description of any additional nuclear facilities and 
     nuclear materials that the Government of India has placed or 
     intends to place under IAEA safeguards;
       (2) a comprehensive listing of--
       (A) all licenses that have been approved by the Nuclear 
     Regulatory Commission and the Secretary of Energy for exports 
     and reexports to India under parts 110 and 810 of title 10, 
     Code of Federal Regulations;
       (B) any licenses approved by the Department of Commerce for 
     the export or reexport to India of commodities, related 
     technology, and software which are controlled for nuclear 
     non-proliferation reasons on the Nuclear Referral List of the 
     Commerce Control List maintained under part 774 of title 15, 
     Code of Federal Regulations;
       (C) any other United States authorizations for the export 
     or reexport to India of nuclear materials and equipment; and
       (D) with respect to each such license or other form of 
     authorization described in subparagraphs (A), (B), and (C)--
       (i) the number or other identifying information of each 
     license or authorization;
       (ii) the name or names of the authorized end user or end 
     users;
       (iii) the name of the site, facility, or location in India 
     to which the export or reexport was made;
       (iv) the terms and conditions included on such licenses and 
     authorizations;
       (v) any post-shipment verification procedures that will be 
     applied to such exports or reexports; and
       (vi) the term of validity of each such license or 
     authorization;
       (3) any significant nuclear commerce between India and 
     other countries, including any such trade that--
       (A) does not comply with applicable guidelines or decisions 
     of the Nuclear Suppliers Group; or
       (B) would not meet the standards applied to exports or 
     reexports of such material, equipment, or technology of 
     United States origin;
       (4) either--
       (A) a certification that India is in full compliance with 
     the commitments and obligations contained in the agreements 
     and other documents referenced in subparagraphs (A) through 
     (F) of subsection (a)(1); or
       (B) if the President cannot make such certification, an 
     identification and assessment of all compliance issues 
     arising with regard to the adherence by India to its 
     commitments and obligations, including--
       (i) the steps the United States Government has taken to 
     remedy or otherwise respond to such compliance issues;
       (ii) the responses of the Government of India to such 
     steps; and
       (iii) an assessment of the implications of any continued 
     noncompliance, including whether nuclear commerce with India, 
     if not already terminated under section 129 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2158), remains in the national 
     security interest of the United States;
       (5) a detailed description of--
       (A) United States efforts to promote national or regional 
     progress by India and Pakistan in disclosing, securing, 
     capping, and reducing their fissile material stockpiles, 
     pending creation

[[Page 22175]]

     of a world-wide fissile material cut-off regime, including 
     the institution of a Fissile Material Cut-off Treaty;
       (B) the reactions of India and Pakistan to such efforts; 
     and
       (C) assistance that the United States is providing, or 
     would be able to provide, to India and Pakistan to promote 
     the objectives in subparagraph (A), consistent with its 
     obligations under international law and existing agreements;
       (6) an estimate of--
       (A) the amount of uranium mined in India during the 
     previous year;
       (B) the amount of such uranium that has likely been used or 
     allocated for the production of nuclear explosive devices; 
     and
       (C) the rate of production in India of--
       (i) fissile material for nuclear explosive devices; and
       (ii) nuclear explosive devices;
       (7) an analysis as to whether imported uranium has affected 
     the rate of production in India of nuclear explosive devices; 
     and
       (8) a detailed description of efforts and progress made 
     toward the achievement of India's--
       (A) full participation in the Proliferation Security 
     Initiative;
       (B) formal commitment to the Statement of Interdiction 
     Principles;
       (C) public announcement of its decision to conform its 
     export control laws, regulations, and policies with the 
     Australia Group and with the Guidelines, Procedures, 
     Criteria, and Controls List of the Wassenaar Arrangement; and
       (D) demonstration of satisfactory progress toward 
     implementing the decision described in subparagraph (C).
       (c) Submittal With Other Annual Reports.--
       (1) Report on proliferation prevention.--Each annual report 
     submitted under subsection (b) after the initial report may 
     be submitted together with the annual report on proliferation 
     prevention required under section 601(a) of the Nuclear Non-
     Proliferation Act of 1978 (22 U.S.C. 3281(a)).
       (2) Report on progress toward regional non-proliferation.--
     The information required to be submitted under subsection 
     (b)(5) after the initial report may be submitted together 
     with the annual report on progress toward regional non-
     proliferation required under section 620F(c) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2376(c)).
       (d) Form.--Each report submitted under this section shall 
     be submitted in unclassified form but may contain a 
     classified annex.

     SEC. 109. UNITED STATES COMPLIANCE WITH ITS NUCLEAR NON-
                   PROLIFERATION TREATY OBLIGATIONS.

       This title shall not be deemed to constitute authority for 
     any action in violation of any obligation of the United 
     States under the Nuclear Non-Proliferation Treaty.

     SEC. 110. INOPERABILITY OF DETERMINATION AND WAIVERS.

       A determination under section 105 and any waiver under 
     section 104 shall cease to be effective if the President 
     determines that India has detonated a nuclear explosive 
     device after the date of the enactment of this Act.

     SEC. 111. MTCR ADHERENT STATUS.

       Congress finds that India is not an MTCR adherent for the 
     purposes of Section 73 of the Arms Export Control Act (22 
     U.S.C. 2797b).

     SEC. 112. TECHNICAL AMENDMENT.

       Section 1112(c)(4) of the Arms Control and Nonproliferation 
     Act of 1999 (title XI of the Admiral James W. Nance and Meg 
     Donovan Foreign Relations Act, Fiscal Years 2000 and 2001 (as 
     enacted into law by section 1000(a)(7) of Public Law 106-113 
     and contained in appendix G of that Act; 113 Stat. 1501A-
     486)) is amended--
       (1) in subparagraph (B), by striking ``and'' after the 
     semicolon at the end;
       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) so much of the reports required under section 108 of 
     the United States-India Peaceful Atomic Energy Cooperation 
     Act as relates to verification or compliance matters; and''.

     SEC. 113. DEFINITIONS.

       In this title:
       (1) The term ``Additional Protocol'' means a protocol 
     additional to a safeguards agreement with the IAEA, as 
     negotiated between a country and the IAEA based on a Model 
     Additional Protocol as set forth in IAEA information circular 
     (INFCIRC) 540.
       (2) The term ``appropriate congressional committees'' means 
     the Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives.
       (3) The term ``atomic energy'' has the meaning given the 
     term in section 11 c. of the Atomic Energy Act of 1954 (42 
     U.S.C. 2014(c)).
       (4) The term ``dual-use material, equipment, or 
     technology'' means those items controlled by the Department 
     of Commerce pursuant to section 309(c) of the Nuclear 
     Nonproliferation Act of 1978.
       (5) The term ``IAEA safeguards'' has the meaning given the 
     term in section 830(3) of the Nuclear Proliferation 
     Prevention Act of 1994 (22 U.S.C. 6305(3)).
       (6) The term ``nuclear materials and equipment'' has the 
     meaning given the term in section 4(5) of the Nuclear 
     Nonproliferation Act of 1978 (22 U.S.C. 3203(3)).
       (7) The term ``Nuclear Non-Proliferation Treaty'' means the 
     Treaty on the Non-Proliferation of Nuclear Weapons, done at 
     Washington, London, and Moscow July 1, 1968, and entered into 
     force March 5, 1970 (21 UST 483).
       (8) The terms ``nuclear weapon'' and ``nuclear explosive 
     device'' have the meaning given the term ``nuclear explosive 
     device'' in section 830(4) of the Nuclear Proliferation 
     Prevention Act of 1994 (22 U.S.C. 6305(4)).
       (9) The terms ``reprocessing'' and ``reprocess'' refer to 
     the separation of nuclear materials from fission products in 
     spent nuclear fuel.
       (10) The term ``source material'' has the meaning given the 
     term in section 11 z. of the Atomic Energy Act of 1954 (42 
     U.S.C. 2014(z)).
       (11) The term ``special nuclear material'' has the meaning 
     given the term in section 11 aa. of the Atomic Energy Act of 
     1954 (42 U.S.C. 2014(aa)).
       (12) The term ``unsafeguarded nuclear fuel-cycle activity'' 
     means research on, or development, design, manufacture, 
     construction, operation, or maintenance of--
       (A) any existing or future reactor, critical facility, 
     conversion plant, fabrication plant, reprocessing plant, 
     plant for the separation of isotopes of source or special 
     fissionable material, or separate storage installation with 
     respect to which there is no obligation to accept IAEA 
     safeguards at the relevant reactor, facility, plant, or 
     installation that contains source or special fissionable 
     material; or
       (B) any existing or future heavy water production plant 
     with respect to which there is no obligation to accept IAEA 
     safeguards on any nuclear material produced by or used in 
     connection with any heavy water produced therefrom.

     SEC. 114. UNITED STATES POLICY REGARDING THE PROVISION OF 
                   NUCLEAR POWER REACTOR FUEL RESERVE TO INDIA.

       It is the policy of the United States that any nuclear 
     power reactor fuel reserve provided to the Government of 
     India for use in safeguarded civilian nuclear facilities 
     should be commensurate with reasonable reactor operating 
     requirements.

     SEC. 115. UNITED STATES-INDIA SCIENTIFIC COOPERATIVE THREAT 
                   REDUCTION PROGRAM.

       (a) Establishment.--The Secretary of Energy, acting through 
     the Administrator of the National Nuclear Security 
     Administration, shall establish a cooperative threat 
     reduction program to pursue jointly with scientists from the 
     United States and India a program to further common 
     nonproliferation goals, including scientific research and 
     development efforts related to nuclear nonproliferation, with 
     an emphasis on nuclear safeguards (in this section referred 
     to as the ``program'').
       (b) Consultation.--The program shall be carried out in 
     consultation with the Secretary of State and the Secretary of 
     Defense.
       (c) National Academies Recommendations.--
       (1) In general.--The Secretary of Energy shall enter into 
     an agreement with the National Academies to develop 
     recommendations for the implementation of the program.
       (2) Recommendations.--The agreement entered into under 
     paragraph (1) shall provide for the preparation by qualified 
     individuals with relevant expertise and knowledge and the 
     communication to the Secretary of Energy each fiscal year 
     of--
       (A) recommendations for research and related programs 
     designed to overcome existing technological barriers to 
     nuclear nonproliferation; and
       (B) an assessment of whether activities and programs funded 
     under this section are achieving the goals of the activities 
     and programs.
       (3) Public availability.--The recommendations and 
     assessments prepared under this subsection shall be made 
     publicly available.
       (d) Consistency With Nuclear Non-Proliferation Treaty.--All 
     United States activities related to the program shall be 
     consistent with United States obligations under the Nuclear 
     Non-Proliferation Treaty.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section for each of fiscal years 2007 through 2011.

       TITLE II--UNITED STATES ADDITIONAL PROTOCOL IMPLEMENTATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``United States Additional 
     Protocol Implementation Act''.

     SEC. 202. FINDINGS.

       Congress makes the following findings--
       (1) The proliferation of nuclear weapons and other nuclear 
     explosive devices poses a grave threat to the national 
     security of the United States and its vital national 
     interests.
       (2) The Nuclear Non-Proliferation Treaty has proven 
     critical to limiting such proliferation.
       (3) For the Nuclear Non-Proliferation Treaty to be 
     effective, each of the non-nuclear-weapon State Parties must 
     conclude a comprehensive safeguards agreement with the IAEA, 
     and such agreements must be honored and enforced.
       (4) Recent events emphasize the urgency of strengthening 
     the effectiveness and improving the efficiency of the 
     safeguards system. This can best be accomplished by providing 
     IAEA inspectors with more information about, and broader 
     access to, nuclear activities within the territory of non-
     nuclear-weapon State Parties.
       (5) The proposed scope of such expanded information and 
     access has been negotiated by the member states of the IAEA 
     in the form of a Model Additional Protocol to its existing 
     safeguards agreements, and universal acceptance of Additional 
     Protocols by non-nuclear weapons states is essential to 
     enhancing the effectiveness of the Nuclear Non-Proliferation 
     Treaty.

[[Page 22176]]

       (6) On June 12, 1998, the United States, as a nuclear-
     weapon State Party, signed an Additional Protocol that is 
     based on the Model Additional Protocol, but which also 
     contains measures, consistent with its existing safeguards 
     agreements with its members, that protect the right of the 
     United States to exclude the application of IAEA safeguards 
     to locations and activities with direct national security 
     significance or to locations or information associated with 
     such activities.
       (7) Implementation of the Additional Protocol in the United 
     States in a manner consistent with United States obligations 
     under the Nuclear Non-Proliferation Treaty may encourage 
     other parties to the Nuclear Non-Proliferation Treaty, 
     especially non-nuclear-weapon State Parties, to conclude 
     Additional Protocols and thereby strengthen the Nuclear Non-
     Proliferation Treaty safeguards system and help reduce the 
     threat of nuclear proliferation, which is of direct and 
     substantial benefit to the United States.
       (8) Implementation of the Additional Protocol by the United 
     States is not required and is completely voluntary given its 
     status as a nuclear-weapon State Party, but the United States 
     has acceded to the Additional Protocol to demonstrate its 
     commitment to the nuclear non-proliferation regime and to 
     make United States civil nuclear activities available to the 
     same IAEA inspections as are applied in the case of non-
     nuclear-weapon State Parties.
       (9) In accordance with the national security exclusion 
     contained in Article 1.b of its Additional Protocol, the 
     United States will not allow any inspection activities, nor 
     make any declaration of any information with respect to, 
     locations, information, and activities of direct national 
     security significance to the United States.
       (10) Implementation of the Additional Protocol will conform 
     to the principles set forth in the letter of April 30, 2002, 
     from the United States Permanent Representative to the 
     International Atomic Energy Agency and the Vienna Office of 
     the United Nations to the Director General of the 
     International Atomic Energy Agency.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Additional protocol.--The term ``Additional Protocol'', 
     when used in the singular form, means the Protocol Additional 
     to the Agreement between the United States of America and the 
     International Atomic Energy Agency for the Application of 
     Safeguards in the United States of America, with Annexes, 
     signed at Vienna June 12, 1998 (T. Doc. 107-7).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Armed Services, the Committee on Foreign Relations, and 
     the Committee on Appropriations of the Senate and the 
     Committee on Armed Services, the Committee on International 
     Relations, and the Committee on Appropriations of the House 
     of Representatives.
       (3) Complementary access.--The term ``complementary 
     access'' means the exercise of the IAEA's access rights as 
     set forth in Articles 4 to 6 of the Additional Protocol.
       (4) Executive agency.--The term ``executive agency'' has 
     the meaning given such term in section 105 of title 5, United 
     States Code.
       (5) Facility.--The term ``facility'' has the meaning set 
     forth in Article 18i. of the Additional Protocol.
       (6) IAEA.--The term ``IAEA'' means the International Atomic 
     Energy Agency.
       (7) Judge of the united states.--The term ``judge of the 
     United States'' means a United States district judge, or a 
     United States magistrate judge appointed under the authority 
     of chapter 43 of title 28, United States Code.
       (8) Location.--The term ``location'' means any geographic 
     point or area declared or identified by the United States or 
     specified by the International Atomic Energy Agency.
       (9) Nuclear non-proliferation treaty.--The term ``Nuclear 
     Non-Proliferation Treaty'' means the Treaty on the Non-
     Proliferation of Nuclear Weapons, done at Washington, London, 
     and Moscow July 1, 1968, and entered into force March 5, 1970 
     (21 UST 483).
       (10) Nuclear-weapon state party and non-nuclear-weapon 
     state party.--The terms ``nuclear-weapon State Party'' and 
     ``non-nuclear-weapon State Party'' have the meanings given 
     such terms in the Nuclear Non-Proliferation Treaty.
       (11) Person.--The term ``person'', except as otherwise 
     provided, means any individual, corporation, partnership, 
     firm, association, trust, estate, public or private 
     institution, any State or any political subdivision thereof, 
     or any political entity within a State, any foreign 
     government or nation or any agency, instrumentality or 
     political subdivision of any such government or nation, or 
     other entity located in the United States.
       (12) Site.--The term ``site'' has the meaning set forth in 
     Article 18b. of the Additional Protocol.
       (13) United states.--The term ``United States'', when used 
     as a geographic reference, means the several States of the 
     United States, the District of Columbia, and the 
     commonwealths, territories, and possessions of the United 
     States and includes all places under the jurisdiction or 
     control of the United States, including--
       (A) the territorial sea and the overlying airspace;
       (B) any civil aircraft of the United States or public 
     aircraft, as such terms are defined in paragraphs (17) and 
     (41), respectively, of section 40102(a) of title 49, United 
     States Code; and
       (C) any vessel of the United States, as such term is 
     defined in section 3(b) of the Maritime Drug Law Enforcement 
     Act (46 U.S.C. App. 1903(b)).
       (14) Wide-area environmental sampling.--The term ``wide-
     area environmental sampling'' has the meaning set forth in 
     Article 18g. of the Additional Protocol.

     SEC. 204. SEVERABILITY.

       If any provision of this title, or the application of such 
     provision to any person or circumstance, is held invalid, the 
     remainder of this title, or the application of such provision 
     to persons or circumstances other than those as to which it 
     is held invalid, shall not be affected thereby.

                     Subtitle A--General Provisions

     SEC. 211. AUTHORITY.

       (a) In General.--The President is authorized to implement 
     and carry out the provisions of this title and the Additional 
     Protocol and shall designate through Executive order which 
     executive agency or agencies of the United States, which may 
     include but are not limited to the Department of State, the 
     Department of Defense, the Department of Justice, the 
     Department of Commerce, the Department of Energy, and the 
     Nuclear Regulatory Commission, shall issue or amend and 
     enforce regulations in order to implement this title and the 
     provisions of the Additional Protocol.
       (b) Included Authority.--For any executive agency 
     designated under subsection (a) that does not currently 
     possess the authority to conduct site vulnerability 
     assessments and related activities, the authority provided in 
     subsection (a) includes such authority.
       (c) Exception.--The authority described in subsection (b) 
     does not supersede or otherwise modify any existing authority 
     of any Federal department or agency already having such 
     authority.

                    Subtitle B--Complementary Access

     SEC. 221. REQUIREMENT FOR AUTHORITY TO CONDUCT COMPLEMENTARY 
                   ACCESS.

       (a) Prohibition.--No complementary access to any location 
     in the United States shall take place pursuant to the 
     Additional Protocol without the authorization of the United 
     States Government in accordance with the requirements of this 
     title.
       (b) Authority.--
       (1) In general.--Complementary access to any location in 
     the United States subject to access under the Additional 
     Protocol is authorized in accordance with this title.
       (2) United states representatives.--
       (A) Restrictions.--In the event of complementary access to 
     a privately owned or operated location, no employee of the 
     Environmental Protection Agency or of the Mine Safety and 
     Health Administration or the Occupational Safety and Health 
     Administration of the Department of Labor may participate in 
     the access.
       (B) Number.--The number of designated United States 
     representatives accompanying IAEA inspectors shall be kept to 
     the minimum necessary.

     SEC. 222. PROCEDURES FOR COMPLEMENTARY ACCESS.

       (a) In General.--Each instance of complementary access to a 
     location in the United States under the Additional Protocol 
     shall be conducted in accordance with this subtitle.
       (b) Notice.--
       (1) In general.--Complementary access referred to in 
     subsection (a) may occur only upon the issuance of an actual 
     written notice by the United States Government to the owner, 
     operator, occupant, or agent in charge of the location to be 
     subject to complementary access.
       (2) Time of notification.--The notice under paragraph (1) 
     shall be submitted to such owner, operator, occupant, or 
     agent as soon as possible after the United States Government 
     has received notification that the IAEA seeks complementary 
     access. Notices may be posted prominently at the location if 
     the United States Government is unable to provide actual 
     written notice to such owner, operator, occupant, or agent.
       (3) Content of notice.--
       (A) In general.--The notice required by paragraph (1) shall 
     specify--
       (i) the purpose for the complementary access;
       (ii) the basis for the selection of the facility, site, or 
     other location for the complementary access sought;
       (iii) the activities that will be carried out during the 
     complementary access;
       (iv) the time and date that the complementary access is 
     expected to begin, and the anticipated period covered by the 
     complementary access; and
       (v) the names and titles of the inspectors.
       (4) Separate notices required.--A separate notice shall be 
     provided each time that complementary access is sought by the 
     IAEA.
       (c) Credentials.--The complementary access team of the IAEA 
     and representatives or designees of the United States 
     Government shall display appropriate identifying credentials 
     to the owner, operator, occupant, or agent in charge of the 
     location before gaining entry in connection with 
     complementary access.
       (d) Scope.--
       (1) In general.--Except as provided in a warrant issued 
     under section 223, and subject to the United States 
     Government's rights under the Additional Protocol to limit 
     complementary access, complementary access to a location 
     pursuant to this title may extend to all activities 
     specifically permitted for such locations under Article 6 of 
     the Additional Protocol.
       (2) Exception.--Unless required by the Additional Protocol, 
     no inspection under this title shall extend to--

[[Page 22177]]

       (A) financial data (other than production data);
       (B) sales and marketing data (other than shipment data);
       (C) pricing data;
       (D) personnel data;
       (E) patent data;
       (F) data maintained for compliance with environmental or 
     occupational health and safety regulations; or
       (G) research data.
       (e) Environment, Health, Safety, and Security.--In carrying 
     out their activities, members of the IAEA complementary 
     access team and representatives or designees of the United 
     States Government shall observe applicable environmental, 
     health, safety, and security regulations established at the 
     location subject to complementary access, including those for 
     protection of controlled environments within a facility and 
     for personal safety.

     SEC. 223. CONSENTS, WARRANTS, AND COMPLEMENTARY ACCESS.

       (a) In General.--
       (1) Procedure.--
       (A) Consent.--Except as provided in paragraph (2), an 
     appropriate official of the United States Government shall 
     seek or have the consent of the owner, operator, occupant, or 
     agent in charge of a location prior to entering that location 
     in connection with complementary access pursuant to sections 
     221 and 222. The owner, operator, occupant, or agent in 
     charge of the location may withhold consent for any reason or 
     no reason.
       (B) Administrative search warrant.--In the absence of 
     consent, the United States Government may seek an 
     administrative search warrant from a judge of the United 
     States under subsection (b). Proceedings regarding the 
     issuance of an administrative search warrant shall be 
     conducted ex parte, unless otherwise requested by the United 
     States Government.
       (2) Expedited access.--For purposes of obtaining access to 
     a location pursuant to Article 4b.(ii) of the Additional 
     Protocol in order to satisfy United States obligations under 
     the Additional Protocol when notice of two hours or less is 
     required, the United States Government may gain entry to such 
     location in connection with complementary access, to the 
     extent such access is consistent with the Fourth Amendment to 
     the United States Constitution, without obtaining either a 
     warrant or consent.
       (b) Administrative Search Warrants for Complementary 
     Access.--
       (1) Obtaining administrative search warrants.--For 
     complementary access conducted in the United States pursuant 
     to the Additional Protocol, and for which the acquisition of 
     a warrant is required, the United States Government shall 
     first obtain an administrative search warrant from a judge of 
     the United States. The United States Government shall provide 
     to such judge all appropriate information regarding the basis 
     for the selection of the facility, site, or other location to 
     which complementary access is sought.
       (2) Content of affidavits for administrative search 
     warrants.--A judge of the United States shall promptly issue 
     an administrative search warrant authorizing the requested 
     complementary access upon an affidavit submitted by the 
     United States Government--
       (A) stating that the Additional Protocol is in force;
       (B) stating that the designated facility, site, or other 
     location is subject to complementary access under the 
     Additional Protocol;
       (C) stating that the purpose of the complementary access is 
     consistent with Article 4 of the Additional Protocol;
       (D) stating that the requested complementary access is in 
     accordance with Article 4 of the Additional Protocol;
       (E) containing assurances that the scope of the IAEA's 
     complementary access, as well as what it may collect, shall 
     be limited to the access provided for in Article 6 of the 
     Additional Protocol;
       (F) listing the items, documents, and areas to be searched 
     and seized;
       (G) stating the earliest commencement and the anticipated 
     duration of the complementary access period, as well as the 
     expected times of day during which such complementary access 
     will take place; and
       (H) stating that the location to which entry in connection 
     with complementary access is sought was selected either--
       (i) because there is probable cause, on the basis of 
     specific evidence, to believe that information required to be 
     reported regarding a location pursuant to regulations 
     promulgated under this title is incorrect or incomplete, and 
     that the location to be accessed contains evidence regarding 
     that violation; or
       (ii) pursuant to a reasonable general administrative plan 
     based upon specific neutral criteria.
       (3) Content of warrants.--A warrant issued under paragraph 
     (2) shall specify the same matters required of an affidavit 
     under that paragraph. In addition, each warrant shall contain 
     the identities of the representatives of the IAEA on the 
     complementary access team and the identities of the 
     representatives or designees of the United States Government 
     required to display identifying credentials under section 
     222(c).

     SEC. 224. PROHIBITED ACTS RELATING TO COMPLEMENTARY ACCESS.

       It shall be unlawful for any person willfully to fail or 
     refuse to permit, or to disrupt, delay, or otherwise impede, 
     a complementary access authorized by this subtitle or an 
     entry in connection with such access.

               Subtitle C--Confidentiality of Information

     SEC. 231. PROTECTION OF CONFIDENTIALITY OF INFORMATION.

       Information reported to, or otherwise acquired by, the 
     United States Government under this title or under the 
     Additional Protocol shall be exempt from disclosure under 
     sections 552 of title 5, United States Code.

                        Subtitle D--Enforcement

     SEC. 241. RECORDKEEPING VIOLATIONS.

       It shall be unlawful for any person willfully to fail or 
     refuse--
       (1) to establish or maintain any record required by any 
     regulation prescribed under this title;
       (2) to submit any report, notice, or other information to 
     the United States Government in accordance with any 
     regulation prescribed under this title; or
       (3) to permit access to or copying of any record by the 
     United States Government in accordance with any regulation 
     prescribed under this title.

     SEC. 242. PENALTIES.

       (a) Civil.--
       (1) Penalty amounts.--Any person that is determined, in 
     accordance with paragraph (2), to have violated section 224 
     or section 241 shall be required by order to pay a civil 
     penalty in an amount not to exceed $25,000 for each 
     violation. For the purposes of this paragraph, each day 
     during which a violation of section 224 continues shall 
     constitute a separate violation of that section.
       (2) Notice and hearing.--
       (A) In general.--Before imposing a penalty against a person 
     under paragraph (1), the head of an executive agency 
     designated under section 211(a) shall provide the person with 
     notice of the order. If, within 15 days after receiving the 
     notice, the person requests a hearing, the head of the 
     designated executive agency shall initiate a hearing on the 
     violation.
       (B) Conduct of hearing.--Any hearing so requested shall be 
     conducted before an administrative judge. The hearing shall 
     be conducted in accordance with the requirements of section 
     554 of title 5, United States Code. If no hearing is so 
     requested, the order imposed by the head of the designated 
     agency shall constitute a final agency action.
       (C) Issuance of orders.--If the administrative judge 
     determines, upon the preponderance of the evidence received, 
     that a person named in the complaint has violated section 224 
     or section 241, the administrative judge shall state his 
     findings of fact and conclusions of law, and issue and serve 
     on such person an order described in paragraph (1).
       (D) Factors for determination of penalty amounts.--In 
     determining the amount of any civil penalty, the 
     administrative judge or the head of the designated agency 
     shall take into account the nature, circumstances, extent, 
     and gravity of the violation or violations and, with respect 
     to the violator, the ability to pay, effect on ability to 
     continue to do business, any history of such violations, the 
     degree of culpability, the existence of an internal 
     compliance program, and such other matters as justice may 
     require.
       (E) Content of notice.--For the purposes of this paragraph, 
     notice shall be in writing and shall be verifiably served 
     upon the person or persons subject to an order described in 
     paragraph (1). In addition, the notice shall--
       (i) set forth the time, date, and specific nature of the 
     alleged violation or violations; and
       (ii) specify the administrative and judicial remedies 
     available to the person or persons subject to the order, 
     including the availability of a hearing and subsequent 
     appeal.
       (3) Administrative appellate review.--The decision and 
     order of an administrative judge shall be the recommended 
     decision and order and shall be referred to the head of the 
     designated executive agency for final decision and order. If, 
     within 60 days, the head of the designated executive agency 
     does not modify or vacate the decision and order, it shall 
     become a final agency action under this subsection.
       (4) Judicial review.--A person adversely affected by a 
     final order may, within 30 days after the date the final 
     order is issued, file a petition in the Court of Appeals for 
     the District of Columbia Circuit or in the Court of Appeals 
     for the district in which the violation occurred.
       (5) Enforcement of final orders.--
       (A) In general.--If a person fails to comply with a final 
     order issued against such person under this subsection and--
       (i) the person has not filed a petition for judicial review 
     of the order in accordance with paragraph (4), or
       (ii) a court in an action brought under paragraph (4) has 
     entered a final judgment in favor of the designated executive 
     agency,
     the head of the designated executive agency shall commence a 
     civil action to seek compliance with the final order in any 
     appropriate district court of the United States.
       (B) No review.--In any such civil action, the validity and 
     appropriateness of the final order shall not be subject to 
     review.
       (C) Interest.--Payment of penalties assessed in a final 
     order under this section shall include interest at currently 
     prevailing rates calculated from the date of expiration of 
     the 60-day period referred to in paragraph (3) or the date of 
     such final order, as the case may be.
       (b) Criminal.--Any person who violates section 224 or 
     section 241 may, in addition to or in lieu of any civil 
     penalty which may be imposed under subsection (a) for such 
     violation, be fined under title 18, United States Code, 
     imprisoned for not more than five years, or both.

     SEC. 243. SPECIFIC ENFORCEMENT.

       (a) Jurisdiction.--The district courts of the United States 
     shall have jurisdiction over civil

[[Page 22178]]

     actions brought by the head of an executive agency designated 
     under section 211(a)--
       (1) to restrain any conduct in violation of section 224 or 
     section 241; or
       (2) to compel the taking of any action required by or under 
     this title or the Additional Protocol.
       (b) Civil Actions.--
       (1) In general.--A civil action described in subsection (a) 
     may be brought--
       (A) in the case of a civil action described in paragraph 
     (1) of such subsection, in the United States district court 
     for the judicial district in which any act, omission, or 
     transaction constituting a violation of section 224 or 
     section 241 occurred or in which the defendant is found or 
     transacts business; or
       (B) in the case of a civil action described in paragraph 
     (2) of such subsection, in the United States district court 
     for the judicial district in which the defendant is found or 
     transacts business.
       (2) Service of process.--In any such civil action, process 
     shall be served on a defendant wherever the defendant may 
     reside or may be found.

                   Subtitle E--Environmental Sampling

     SEC. 251. NOTIFICATION TO CONGRESS OF IAEA BOARD APPROVAL OF 
                   WIDE-AREA ENVIRONMENTAL SAMPLING.

       (a) In General.--Not later than 30 days after the date on 
     which the Board of Governors of the IAEA approves wide-area 
     environmental sampling for use as a safeguards verification 
     tool, the President shall notify the appropriate 
     congressional committees.
       (b) Content.--The notification under subsection (a) shall 
     contain--
       (1) a description of the specific methods and sampling 
     techniques approved by the Board of Governors that are to be 
     employed for purposes of wide-area sampling;
       (2) a statement as to whether or not such sampling may be 
     conducted in the United States under the Additional Protocol; 
     and
       (3) an assessment of the ability of the approved methods 
     and sampling techniques to detect, identify, and determine 
     the conduct, type, and nature of nuclear activities.

     SEC. 252. APPLICATION OF NATIONAL SECURITY EXCLUSION TO WIDE-
                   AREA ENVIRONMENTAL SAMPLING.

       In accordance with Article 1(b) of the Additional Protocol, 
     the United States shall not permit any wide-area 
     environmental sampling proposed by the IAEA to be conducted 
     at a specified location in the United States under Article 9 
     of the Additional Protocol unless the President has 
     determined and reported to the appropriate congressional 
     committees with respect to that proposed use of environmental 
     sampling that--
       (1) the proposed use of wide-area environmental sampling is 
     necessary to increase the capability of the IAEA to detect 
     undeclared nuclear activities in the territory of a non-
     nuclear-weapon State Party;
       (2) the proposed use of wide-area environmental sampling 
     will not result in access by the IAEA to locations, 
     activities, or information of direct national security 
     significance; and
       (3) the United States--
       (A) has been provided sufficient opportunity for 
     consultation with the IAEA if the IAEA has requested 
     complementary access involving wide-area environmental 
     sampling; or
       (B) has requested under Article 8 of the Additional 
     Protocol that the IAEA engage in complementary access in the 
     United States that involves the use of wide-area 
     environmental sampling.

     SEC. 253. APPLICATION OF NATIONAL SECURITY EXCLUSION TO 
                   LOCATION-SPECIFIC ENVIRONMENTAL SAMPLING.

       In accordance with Article 1(b) of the Additional Protocol, 
     the United States shall not permit any location-specific 
     environmental sampling in the United States under Article 5 
     of the Additional Protocol unless the President has 
     determined and reported to the appropriate congressional 
     committees with respect to that proposed use of environmental 
     sampling that--
       (1) the proposed use of location-specific environmental 
     sampling is necessary to increase the capability of the IAEA 
     to detect undeclared nuclear activities in a non-nuclear 
     weapons state;
       (2) the proposed use of location-specific environmental 
     sampling will not result in access by the IAEA to locations, 
     activities, or information of direct national security 
     significance; and
       (3) with respect to the proposed use of environmental 
     sampling, the United States--
       (A) has been provided sufficient opportunity for 
     consultation with the IAEA if the IAEA has requested 
     complementary access involving location-specific 
     environmental sampling; or
       (B) has requested under Article 8 of the Additional 
     Protocol that the IAEA engage in complementary access in the 
     United States that involves the use of location-specific 
     environmental sampling.

     SEC. 254. RULE OF CONSTRUCTION.

       As used in this subtitle, the term ``necessary to increase 
     the capability of the IAEA to detect undeclared nuclear 
     activities in the territory of a non-nuclear-weapon State 
     Party'' shall not be construed to encompass proposed uses of 
     environmental sampling that might assist the IAEA in 
     detecting undeclared nuclear activities in the territory of a 
     non-nuclear-weapon State Party by--
       (1) setting a good example of cooperation in the conduct of 
     such sampling; or
       (2) facilitating the formation of a political consensus or 
     political support for such sampling in the territory of a 
     non-nuclear-weapon State Party.

 Subtitle F--Protection of National Security Information and Activities

     SEC. 261. PROTECTION OF CERTAIN INFORMATION.

       (a) Locations and Facilities of Direct National Security 
     Significance.--No current or former Department of Defense or 
     Department of Energy location, site, or facility of direct 
     national security significance shall be declared or be 
     subject to IAEA inspection under the Additional Protocol.
       (b) Information of Direct National Security Significance.--
     No information of direct national security significance 
     regarding any location, site, or facility associated with 
     activities of the Department of Defense or the Department of 
     Energy shall be provided under the Additional Protocol.
       (c) Restricted Data.--Nothing in this title shall be 
     construed to permit the communication or disclosure to the 
     IAEA or IAEA employees of restricted data controlled by the 
     provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 
     et seq.), including in particular ``Restricted Data'' as 
     defined under paragraph (1) of section 11 y. of such Act (42 
     U.S.C. 2014(y)).
       (d) Classified Information.--Nothing in this Act shall be 
     construed to permit the communication or disclosure to the 
     IAEA or IAEA employees of national security information and 
     other classified information.

     SEC. 262. IAEA INSPECTIONS AND VISITS.

       (a) Certain Individuals Prohibited From Obtaining Access.--
     No national of a country designated by the Secretary of State 
     under section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371) as a government supporting acts of international 
     terrorism shall be permitted access to the United States to 
     carry out an inspection activity under the Additional 
     Protocol or a related safeguards agreement.
       (b) Presence of United States Government Personnel.--IAEA 
     inspectors shall be accompanied at all times by United States 
     Government personnel when inspecting sites, locations, 
     facilities, or activities in the United States under the 
     Additional Protocol.
       (c) Vulnerability and Related Assessments.--The President 
     shall conduct vulnerability, counterintelligence, and related 
     assessments not less than every 5 years to ensure that 
     information of direct national security significance remains 
     protected at all sites, locations, facilities, and activities 
     in the United States that are subject to IAEA inspection 
     under the Additional Protocol.

                          Subtitle G--Reports

     SEC. 271. REPORT ON INITIAL UNITED STATES DECLARATION.

       Not later than 60 days before submitting the initial United 
     States declaration to the IAEA under the Additional Protocol, 
     the President shall submit to Congress a list of the sites, 
     locations, facilities, and activities in the United States 
     that the President intends to declare to the IAEA.

     SEC. 272. REPORT ON REVISIONS TO INITIAL UNITED STATES 
                   DECLARATION.

       Not later than 60 days before submitting to the IAEA any 
     revisions to the United States declaration submitted under 
     the Additional Protocol, the President shall submit to 
     Congress a list of any sites, locations, facilities, or 
     activities in the United States that the President intends to 
     add to or remove from the declaration.

     SEC. 273. CERTIFICATION REGARDING VULNERABILITY AND RELATED 
                   ASSESSMENTS.

       Concurrently with the submission to Congress of the initial 
     declaration list under section 271 and each list update under 
     section 272, the President shall submit to Congress a report 
     certifying that--
       (1) each site, location, facility, and activity included in 
     the list has been examined by each agency with national 
     security equities with respect to such site, location, 
     facility, or activity; and
       (2) appropriate measures have been taken to ensure that 
     information of direct national security significance will not 
     be compromised at any such site, location, facility, or 
     activity in connection with an IAEA inspection.

     SEC. 274. REPORT ON EFFORTS TO PROMOTE THE IMPLEMENTATION OF 
                   ADDITIONAL PROTOCOLS.

       Not later than 180 days after the entry into force of the 
     Additional Protocol, the President shall submit to the 
     appropriate congressional committees a report on--
       (1) measures that have been or should be taken to achieve 
     the adoption of additional protocols to existing safeguards 
     agreements signed by non-nuclear-weapon State Parties; and
       (2) assistance provided by the United States to the IAEA in 
     order to promote the effective implementation of additional 
     protocols to existing safeguards agreements signed by non-
     nuclear-weapon State Parties and the verification of the 
     compliance of such parties with IAEA obligations.

     SEC. 275. NOTICE OF IAEA NOTIFICATIONS.

       The President shall notify Congress of any notifications 
     issued by the IAEA to the United States under Article 10 of 
     the Additional Protocol.

              Subtitle H--Authorization of Appropriations

     SEC. 281. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this title.

  Mr. LUGAR. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.

[[Page 22179]]

  The PRESIDING OFFICER. Under the previous order, the Senate insists 
on its amendment and requests a conference with the House, and the 
Chair is authorized to appoint conferees. S. 3709 is returned to the 
calendar.
  Mr. LUGAR. Mr. President, the Senate has taken a historic step in 
approving the United States-India Peaceful Atomic Energy Cooperation 
Act. This is critically important. Passage of the bill takes one more 
important step toward a vibrant and exciting relationship between our 
two great democracies. I thank all Senators for their cooperation in 
completing the Senate's consideration in such a short period of time. I 
thank especially Senator Biden for his strong support and cooperation. 
This has been truly a bipartisan effort from the beginning until final 
passage. We are committed to continuing this effort through the 
conference process.
  Before yielding the floor, let me publicly thank Tom Moore of the 
majority staff and Ed Levine of the minority staff. They have become 
experts on the United States-India Peaceful Atomic Energy and 
Cooperation Act. They have assisted the committee professionally and 
skillfully in helping craft the bill.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent to make some 
brief comments congratulating the chairman and ranking member.
  I think this is a big deal. I think it will be seen as a big deal. I 
think it is an enormously positive step forward on our relationships.
  I commend the chairman and ranking member and the leader for bringing 
up this topic. I believe this is going to help us cement the 
relationship back and forth with us and India. It is important that we 
do this. It will help environmentally and help energy-wise but, more 
importantly, I believe it will be a very important strategic 
relationship. This is a key movement forward. I hope we can move it 
forward through the conference committee. I hope we can get it to the 
President in short order and show India and the rest of the world this 
budding, growing, strengthening relationship back and forth.
  I commend Chairman Lugar for such insightful and supportive 
leadership on such an important topic.
  I suggest the absence of quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. CHAMBLISS. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CHAMBLISS. Mr. President, I ask unanimous consent to speak as if 
in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                       HONORING OUR ARMED FORCES


         Sergeant First Class Robert Lee ``Bobby'' Hollar, Jr.

  Mr. CHAMBLISS. Mr. President, it is my honor and privilege today to 
pay tribute to Sergeant First Class Robert Lee ``Bobby'' Hollar, Jr. 
Sergeant Hollar served his country as a civilian and soldier and 
ultimately gave his life to protect our Nation. Sergeant Hollar served 
in E Troop, 108th Cavalry, 48th Brigade of the Georgia National Guard, 
and was deployed to Iraq in May 2005 in support of Operation Iraqi 
Freedom.
  On September 1, 2005, an improvised explosive device struck Sergeant 
Hollar's vehicle while he was on patrol outside of Baghdad, and he died 
of severe injuries later that day. Sergeant Hollar is survived by his 
wife Amanda and two sons.
  Throughout Sergeant Hollar's 10 years of courageous service in the 
U.S. Air Force, and during his service in Operations Desert Storm and 
Desert Shield, he was awarded numerous service and achievement medals. 
Also, Sergeant Hollar was posthumously awarded the Purple Heart and the 
Bronze Star.
  Sergeant Hollar's duties in Iraq went beyond the daily routine of a 
soldier. Sergeant Hollar was a pen pal with the fourth grade class at 
Crescent Middle School in Griffin, GA. To these students, Sergeant 
Hollar was a real-life ``G.I. Joe,'' and his letters and visits with 
them have forever touched their lives.
  When Sergeant Hollar wasn't on active duty, he lived with his family 
in Thomaston, GA, and was employed by the United States Postal Service 
as a postal carrier.
  Sergeant Hollar made his community and Nation better through selfless 
dedication to his career in public service with the Georgia National 
Guard and the U.S. Post Office. I have been contacted by many members 
of his community, and I am proud to join in as part of their campaign 
to name the Thomaston Post Office in his honor, and to be an original 
cosponsor of S. 4050, a bill to designate the facility of the Postal 
Service located at 103 East Thompson Street in Thomaston, GA, as the 
``Sergeant First Class Robert Lee `Bobby' Hollar, Jr. Post Office 
Building''.
  I believe this is a simple yet lasting, way to recognize Sergeant 
Hollar's service and sacrifice to our country.
  (The remarks of Mr. Chambliss pertaining to the submission of S. Res. 
615 are printed in today's Record under ``Submitted Resolutions.'')
  (The remarks of Mr. Chambliss pertaining to the submission of S. Res. 
617 are located in today's Record under ``Submission of Concurrent and 
Senate Resolutions.'')
  The PRESIDING OFFICER (Mr. Sessions). The majority leader.

                          ____________________




                MODIFICATION OF UNANIMOUS CONSENT ORDER

  Mr. FRIST. Mr. President, I ask consent that the order with respect 
to the agriculture appropriations bill be modified to allow for the 
Senate to proceed at 2 o'clock on Tuesday, December 5, and for Senator 
Conrad to be recognized following the statements of the two managers; 
further, that following the remarks of Senator Conrad, Senator Dorgan 
be recognized to speak, and that following those comments, Senator 
Landrieu be recognized to speak for 10 minutes. It will be our 
intention to vote around 5 or 5:15 on that Tuesday and that will be the 
next vote.
  The PRESIDING OFFICER. Is there objection?
  The Senator from North Dakota.
  Mr. CONRAD. Mr. President, I thank the majority leader for putting 
this together. It has been difficult. We understand that. I very much 
appreciate his steadfast effort to make this happen.
  On a bipartisan basis, many Senators in this Chamber appreciate very 
much the opportunity to bring disaster assistance to the Senate and to 
get a vote next Tuesday.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Ohio.

                          ____________________




                       HONORING OUR ARMED FORCES


                       Sergeant Mark T. Smykowski

  Mr. DeWINE. Mr. President, I rise today to pay tribute to an 
extraordinary young man who gave his life in service to our Nation--
Marine Sgt Mark T. Smykowski from Mentor, OH. On June 6, 2006, Sergeant 
Smykowski died when a roadside bomb exploded near his military vehicle 
in Fallujah, Iraq. He was 23-years-old.
  Mark was an outstanding marine who had a true sense of compassion for 
others. He cared deeply for his family and friends, and they remember 
him as someone who struck a chord with everyone he met. Although Mark 
was only 23-years-old when he died, he unquestionably lived life to the 
fullest.
  Mark grew up in Mentor, OH, graduating from Mentor High School in 
2000. He was the oldest member of a group of young Marines known as the 
``Mentor Seven.'' The seven of them were a close and tight-knit group, 
and all but one had skated together on the Mentor High School hockey 
team.

[[Page 22180]]

Mark inspired his fellow marines from Mentor, and they in turn inspired 
him.
  Friend, Brian Halan describes Mark as someone who was simply ``cut 
from a different cloth.'' He said:

       I'll always remember that no matter what we were doing, 
     Mark could make the best of anything.

  According to Jack Smeltz, Mark's hockey coach at Mentor High School, 
Mark was ``an example of what a young person should be, as far as 
appreciation of freedom and all it stands for.''
  Mark's father, Bert, recalls that when it came time to get things 
done, no one was more diligent and focused than Mark. As a marine, he 
took the toughest assignments--paratrooper school and sniper school. 
And, after enlisting for a second time, he began training with a 
reconnaissance unit. Reconnaissance is one of the most difficult jobs 
in the military, involving scout swimming, helicopter and submarine 
insertion and extraction techniques, and assault climbing. But for 
Mark, it was just another challenge--and another opportunity to serve 
his Nation.
  Those who knew Mark all agree that he was the model of what a marine 
should be. Fittingly, that is what he actually became--after boot camp 
he was selected to be a poster model for the Marines Corps. Naturally, 
his younger brothers teased him ruthlessly about it.
  According to his mom, Mark was good looking--and knew it. During a 
career fair in high school, Diana saw two Marines recruiters. 
``Couldn't you just see Mark in that uniform?'' she asked her husband, 
Ken. Apparently, Mark could because by the time Diana and Ken reached 
the table, he had already signed up.
  Mark was so much more, though, than an outstanding marine and a 
handsome face. His compassion for others was unparalleled. He was 
simply one of those people who cares deeply and passionately about the 
needs of those around him. His comrades in Iraq recall the special bond 
he formed with Iraqis--particularly the Iraqi children. He became 
something of an ambassador and would distribute toys and clothes to the 
Iraqi children. His unit often joked that when it came time for the 
Iraqi elections, it would be Mark's name at the top of the ballot.
  ``Mark was one of those marines who cared about the impact he had on 
the people of Iraq,'' said 1LT Craig Q. Reese, Mark's platoon 
commander. ``I cannot count the number of times when I was with him 
when an Iraqi would recognize him from his last deployment and smile. I 
saw first hand the influence he had on this culture. He was truly 
attempting to make a difference.''
  Mark's mother Diana has pictures of Mark with his arms around Iraqis, 
and one in which he is surrounded by almost 25 children. But, what she 
recalls most is a moment that she calls ``life changing.'' Worried 
about Mark's safety, she had demanded to know ``what the plan is over 
there?''
  Mark's reply had been quiet and confident. ``This mission is going to 
take us years, Mom,'' he'd said. ``These people have been brutalized 
for years. We have to work with the children. We have to get the kids 
to trust us.''
  Mark's friends gave him many nicknames--``Tango'' because he was tall 
and gangly and ``Jacks'' because he always wore a jacket of the 
Cleveland Lumberjacks, the city's International Hockey League team. 
But, perhaps the most meaningful name is the one given to him by the 
Iraqi children. To them, he was simply ``Mr. Ski.''
  Throughout his time in Iraq, Mark was undoubtedly supported by his 
strong sense of faith. The last time Diana spoke with her son, she 
asked him if he were scared, and he said yes. She then asked, ``Mark, 
are you OK with God?'' He replied, ``Mom, you don't have to worry. I'm 
good to go with God.''
  Mark will be missed by all who knew him. His friends and family 
repeatedly describe him as an extraordinary individual, who was so 
devoted to the Marines Corps. Pastor Tim Davis, speaking at Mark's 
memorial service, described him as ``a gentleman who loved his country 
and really believed in what he did.''
  Mark's service to our Nation earned him many awards, such as the Navy 
and Marine Corps Achievement Medal with Combat Distinguishing Device, 
Combat Action Ribbon, and the Meritorious Unit Commendation. But, the 
highest honor he earned was the respect and admiration of those who 
knew him. Mark's life has truly been an inspiration for others. His 
younger brother, Darren, a Marine scout sniper, said, ``I always did 
everything he did and went everywhere he went.'' And just this past 
summer, Mark's younger brother Kenny followed in his footsteps and also 
enlisted in the Marines.
  Indeed the world is a better place because Mark Smykowski was in it, 
and I am honored that I was able to attend his burial service at 
Arlington National Cemetery. He will forever be known for his sincere 
desire to help others, his willingness to act, and his dedication to 
his friends, family, community, and country.
  I conclude with the words of Mark's close friend, Matthew Neath:

       I know if he had to do it all over again, regardless of the 
     outcome, he wouldn't change a thing.

  My wife Fran and I will continue to keep Mark's family in our 
thoughts and in our prayers.


               Private First Class Timothy J. Hines, Jr.

  Mr. President, this evening I rise to remember a brave young man, who 
gave his life in service to our Nation--Army PFC Timothy J. Hines, Jr., 
from Fairfield, OH. Private First Class Hines was wounded on June 19, 
2005. He was riding in a military vehicle when a roadside bomb exploded 
near his convoy in Baghdad, Iraq. Severely injured, he was transferred 
to the Walter Reed Army Medical Center in Washington, DC, for 
treatment. Tragically, he passed away from his injuries a month later 
on July 14, 2005. He was 21 years of age at the time.
  Growing up in Fairfield, Tim, as he was known by friends and family, 
came to love two things: basketball and Katy Wessel. He and Katy met 
while they were both high school freshmen at Cincinnati Christian 
School. Katy's father Jim remembers that when he first met Tim, he 
could immediately tell that the boy was ``smitten'' with his daughter. 
In Jim's words, that made Tim ``public enemy number one.''
  But, that didn't stop Tim. Before long, he and Katy were high school 
sweethearts. And Jim, himself, came to view Tim as a friend and as a 
son.
  Tim graduated from Cincinnati Christian School in 2002. Headmaster 
Wayne Beaver remembers that he was always positive--someone whose 
``classmates all liked him.'' Tim and Katy got married after 
graduation, and Tim then enlisted in the Army in 2003. He was assigned 
to the 720th Battalion, 89th Military Police Brigade, 64th Military 
Police Unit, based in Fort Worth, TX.
  Tim's unit shipped out to Iraq in February 2005. Although he found it 
hard to leave his family and friends, he knew he was doing the right 
thing. According to Katy, ``he knew the obligation he had to his 
country.''
  Indeed, Tim was a soldier devoted to his mission and to our Nation. 
But, he also joined the Army out of a desire to protect those whom he 
loved. In the words of a sergeant in Tim's unit:

       I knew that I'd come upon a special soldier with great 
     potential, whose character and values were rooted in his love 
     of his family, god, and friends. I believe he wanted to go to 
     Iraq not out of duty, but out of love for others.

  Tim's twin sister, Jenni, remembers that he was a great brother and 
friend--someone who was always looking out for her. And that is also 
what Tim was doing as a soldier--looking out for his friends, his 
family, and his country. His service to our country earned him the 
Bronze Star, the Purple Heart, and the Army Good Conduct Medal.
  Those who knew Tim remember him as someone who always wanted to make 
others laugh. His wife Katy says that he packed a lot of love into his 
life and simply had a spark that drew people close to him. In photos, 
you can see he was always smiling or trying to make someone else smile.
  Tim enjoyed playing basketball. It was a passion he shared with his 
best

[[Page 22181]]

friend, Tim Hester. While in Iraq, Tim would e-mail Hester about the 
one-on-one games they would play when he returned. Hester describes Tim 
as someone who was funny, kind, and loving. He said:

       Tim was always making people laugh. He was always joking 
     around. That was one of my favorite parts about Tim. We could 
     always just joke around. But, we also had serious times 
     together. You know, when things were going wrong, we were 
     there for each other.

  Tim's father-in-law says it was a treat to watch Tim with the family 
he loved so much. He said:

       Timothy James Hines, Jr. was a true hero. He's my hero. His 
     faith in God, his dedication to his family, his love of life, 
     his courage and strength, and his service to his country have 
     profoundly and forever impacted me.

  Even in Tim's darkest hour, he was thinking of his family first. His 
mother-in-law Kathi tells the story of when Tim was wounded in Iraq:

       A buddy who stayed with him while they waited for help said 
     all he talked about was [his wife] Katy, [his 2 year-old 
     daughter] Lily, and the coming baby. He's very devoted to his 
     family. He's the kind of young man any mother would want her 
     daughter to marry.

  Tragically, Tim died before the birth of his son, Noah.
  As Ohioans have done so often in the past, the community has rallied 
around Tim's family, offering comfort and support. More than 400 
mourners attended his funeral to pay their respects to this fallen 
soldier. And an anonymous donor gave a full scholarship to Cincinnati 
Christian School, Tim and Katy's alma mater, for the education of their 
children.
  I would like to share with my colleagues the words of Army BG Patrick 
O'Reilly, who spoke at Tim's funeral. This is what he said:

       It's soldiers like Timothy Hines who serve and guard our 
     way of life. But, it's not just the soldier who pays the 
     price for freedom. The families also give so much, and you 
     too have sacrificed.

  I would also like to share what Tim's wife Katy has said about her 
husband--truly the love of her life:

       Tim was a fighter. He fought hard for his country, family, 
     and ultimately, his life. He was a loyal husband and father 
     and an incredible American. There is a price for freedom, and 
     Tim paid the ultimate price. Now he is in the loving arms of 
     God.

  I am honored that I had the opportunity to attend Tim's funeral, 
where his family and friends talked about his warmth, his humor, and 
his desire to protect those he loved. He was a man we all aspire to 
be--someone devoted to his family, his community, and his country. My 
wife Fran and I will continue to keep his family in our thoughts and in 
our prayers.


                 Lance Corporal William Brett Wightman

  Mr. President, this evening I rise to honor a fallen hero who gave 
his life during Operation Iraqi Freedom--LCpl William Brett Wightman, 
from Sabina, OH. He died on August 3, 2005, when a roadside bomb 
exploded under his military vehicle in Iraq. He was 22 years of age at 
the time.
  Brett--as he was called by family and friends--was a true example of 
what it means to be a ``hometown hero.'' Sabina is a small village in 
Clinton County, OH, not too far from my home. The high school Brett 
attended--East Clinton High School--is carved out of surrounding 
fields, fields of farmland. Brett will never be forgotten there. He was 
prom king, a star on the basketball and track and field teams, and 
captain of the school's football team, the Astros. He played fullback. 
He wore No. 44.
  Everyone who knew Brett agrees that he died doing what he wanted to 
do--serving our Nation. Becoming a member of the military had been his 
dream ever since he was a little boy. Brett's aunt Missy said that 
Brett ``would play with those G.I. Joes and he'd say `I'm going to grow 
up and be one of those guys.' All of his life, that's all he would talk 
about.''
  Brett joined the Marines while he was still a junior in high school--
young enough that he needed his parents to come with him to enlist and 
give their permission. The Reserves unit Brett served with was Lima 
Company--Marine Force Reserve's 3rd Battalion, 25th Marine Regiment, 
4th Marine Division, based in Columbus, OH. Their story, of course, is 
one that I have talked about on this Senate floor before and one that 
has touched hearts in Ohio and all across our country. On the day Brett 
died, 13 other men in his unit died alongside him. It was a tragedy 
felt by the entire State, and by our Nation.
  Family members said Brett was proud of being a marine and was 
planning to reenlist. His goal was to rise to the very top of the 
service. As his stepsister Stephanie Finley said:

       When I talked to him a month ago, he said he loved what he 
     was doing. He said he would go back if he had to.

  According to his mother, Pam, she received a letter from her son that 
she will cherish forever. In it, he described finding a child while 
searching Iraqi houses for material to make improvised explosive 
devices. The child was chained to the wall, and it was Brett and his 
fellow marines who rescued him. It was a day of the utmost importance 
for Brett, and this is how he described it:

       One of the kids was chained up to a wall by his ankle with 
     a dead lock. He looked like he had been there for months. If 
     anyone tells you we shouldn't be over here they should have 
     seen how happy this kid was when I cut him loose.

  After signing his letter, Brett wrote ``P.S.--Hang in there.'' This 
was typical of Brett, according to his family. Even while serving his 
country overseas, he was more concerned about others than himself. 
Brett's friends and former teammates describe him as a person who would 
do anything for you. His stepsister Stephanie said:

       It didn't take Iraq for him to be a hero to me. He'll 
     always be my hero.

  Brett was committed to the Corps and the other marines in his unit. 
While serving in Iraq, he received the news that his grandmother had 
passed away. Although deeply saddened, Brett wrote that he would have 
to wait to take the time to grieve. In his words, he had ``to watch out 
for my Marines.'' According to his mother, this letter encapsulated 
everything that Brett was about. ``He would do anything for anybody at 
any time,'' she said.
  Brett's father, Keith, agreed:

       Things like that just make you feel that your child has 
     grown up to be responsible,'' he said. ``He did what he had 
     to do. Not many kids his age take on the responsibilities of 
     the world. Every man and woman in the service is taking that 
     on.

  Brett's Aunt Missy said that Brett's life ``was just beginning, with 
a lot of ambition and a lot of hope. Unfortunately, it's been cut short 
. . . [but] we know that he [was] happy, doing what he wanted to do all 
his life.''
  Mr. President and Members of the Senate, Brett's death was truly a 
loss for the entire Sabina community, the entire Clinton County 
community. In a local bar named The Crow Bar, a lone can of beer stands 
on a shelf. ``This beer is for Brett,'' reads an attached sign.
  Before his Reserve unit was activated, Brett was working as a 
carpenter for a local home construction company. He was close to his 
coworkers, one of whom was a fan of Michigan-Ohio State's football 
team. Before a Michigan/Ohio State game, Brett made a bet with him that 
the Buckeyes would win. They did win, and Brett enjoyed his winnings--
the privilege of frying his friend's Michigan shirt on the grill.
  Barb Howard is the mother of one of Brett's hometown friends. She 
remembers Brett and other neighborhood youngsters lounging around her 
house after their pee-wee sports games, eating food and watching 
movies. This group of boys remained friends while playing high school 
sports, and Brett became like a son to her. ``It's like a piece of you 
is gone,'' Barb reflected.
  Justin Stewart plays football for the Astros. He said he had admired 
Brett ever since the third grade, when the older Brett would help him 
with his pee-wee football drills. ``I am proud of him,'' Justin said. 
``I am just happy he was over there fighting.''
  As captain of the East Clinton football team, Brett was more than a 
supportive teammate--he was a leader with responsibility. This focus on 
teamwork and this commitment to helping others explain Brett's desire 
to

[[Page 22182]]

become a marine, and also explains what kind of marine he became.
  Brett's funeral was on the football field at East Clinton High 
School, and over 1,000 mourners attended to salute the young marine. 
Rev. Carey Hilterbran, who had known Brett since he was a boy, assured 
the crowd that it was not a day for sorrow--Brett had died living his 
dream. ``[Brett] wasn't afraid,'' he said. ``He had a good mindset, and 
he knew what he wanted to do.'' While Reverend Hilterbran was speaking, 
the members of the Astros football team--wearing their red and white 
jerseys--stood silently at attention.
  Schuyler Streber was one of Brett's football teammates. In his words, 
the world is going to be a lesser place without Brett Wightman in it. 
Standing on the East Clinton football field, Schuyler said that 
``sometimes you want to laugh because of some of the things we did out 
here together, and [sometimes] you want to cry because of the more 
emotional times. And to think I'm here right now and he's not--that's 
something that's hard to face. . . . We'll all miss him very much.''
  Duane Richard is a young artist who did not personally know Brett 
Wightman. But he was so moved by the young Marine's sacrifice that he 
painted a 30-foot-wide mural of Brett on the side of Duane's parents' 
barn. He lined the image with 13 American flags--one for each of the 
Lima Marines killed during the roadside bombing. The barn is along Snow 
Hill road in Sabina, and people stop everyday to gaze at the mural and 
take pictures.
  The artwork reflects Brett's honor and courage, as well as the great 
respect that his fellow Americans have for his sacrifice. In Duane's 
words, Brett was a ``true American hero.''
  Brett Wightman put his life on the line to preserve the freedoms that 
we Americans hold dear. He cherished hometown values and the importance 
of helping those around him. His family and friends will never forget 
him. ``Brett will never be in the past,'' as his mother Pam so 
beautifully said.
  Indeed, Brett will never be forgotten. My wife, Fran, and I continue 
to keep Brett and his family in our thoughts and prayers.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Louisiana.
  Ms. LANDRIEU. Mr. President, those were three of the most beautiful 
tributes I have heard any of our colleagues give about the men and 
women who have died in service to this country. It was truly a 
testament to the strength of the Senator from Ohio, his caring and 
compassion for the people of Ohio that he and his team would take the 
time to compile such beautiful memories of these three young men and to 
share them with us in the Congressional Record as he did. I thank him 
for those beautiful tributes.

                          ____________________




                             ROYALTY RELIEF

  Ms. LANDRIEU. Mr. President, I rise to speak about amendment No. 5189 
that is pending to the Agriculture Appropriations bill.
  According to the unanimous consent agreement entered into a few 
moments ago, when we return in December we will take up an amendment by 
Senator Conrad and I will have time after that amendment to speak again 
about this issue. It is an issue that I believe we have an opportunity 
to resolve before this Congress comes to an end. According to the 
schedule we are operating under, we only have a few more weeks to get 
our work done. There is a great deal of work that has to be done and a 
few things that can in fact be done on a bipartisan basis. This is one 
of them.
  Both leaders have expressed their commitment to helping the Senate 
resolve the issue of expanded offshore drilling so we can provide more 
oil and gas for a country that is running short.
  Four States--Louisiana, Texas, Mississippi, and Alabama, America's 
energy coast--have been proudly hosting this industry for over 60 
years. We have contributed literally billions of barrels of oil, 
trillions of cubic feet of gas, and much money from the royalties paid 
has gone to the Treasury. But this is a problem we have to solve. It 
goes back to the 1998-1999 lease arrangements entered into by Minerals 
Management. This has been widely reported. It has also been the subject 
of several hearings in the Senate and the House.
  Very simply, the Department made a series of mistakes. Those mistakes 
are being looked at to determine how and when and under what 
circumstances. But the fact is, although all the facts are not out yet, 
we do know that a serious mistake was made. When these contracts were 
entered into, there was no price threshold in them. When my predecessor 
Bennett Johnston wrote the Royalty Relief Act, which he did with some 
of his colleagues, it was always intended to be an incentive if the 
price of oil was low. At the time the bill was written, the price of 
oil was $17 a barrel. We wish that were true today. But it was true 
back in the early to mid-1980s, when this bill was written.
  As the process went on and these leases were entered into, the price 
threshold was left out. So now the price of oil is $70 a barrel, or it 
has been recently, and what happened was, because the thresholds were 
not in there, the companies didn't have to pay royalties. The bottom 
line is, we have lost to date $1.3 billion. It is estimated that we 
could lose as much as $10 to $12 billion; that is, the Federal 
Treasury.
  My amendment has already been filed. If the Senate agrees to the 
amendment, it will fix that situation without violating contracts. We 
have established a way for Minerals Management to basically renegotiate 
the contracts. The taxpayers could then recover that money, and a 
portion of the money would then be used for the coastal restoration 
efforts so desperately needed in Texas, Louisiana, Mississippi, and 
Alabama in the next few years. If this amendment is passed, coupled 
with the bill we have already passed, we will have some immediate 
funding to begin the project of saving our wetlands and securing the 
energy infrastructure that is a tremendous asset to the Nation. This 
isn't just about helping Louisiana, Texas, Mississippi, and Alabama. 
This is about protecting a great coastal wetland that came under 
tremendous challenge with Katrina and Rita and will come under 
challenges again. We most certainly can recover this money, $11 
billion, that does belong to the taxpayer. It was a mistake, a very bad 
mistake that was made. We can recover some of that money and most of it 
can go to deficit reduction. If anyone hasn't noticed lately, we have 
quite a deficit to tackle. Some of this money could go to deficit 
reduction, and some of it could go to the States under a program 
already authorized, already supported in a bipartisan way, already in 
the law, called the OCS Program where this money would be directed.
  I thank my colleagues for allowing me to speak tonight. I have filed 
the amendment so Members could consider it on our break through the 
holiday and come back and try to restore this money to the Treasury, 
help take the deficit down, and let's get started saving these wetlands 
and protecting the coast which is so vital to the economic future of 
the Nation.
  I thank my colleagues for their patience.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. DURBIN. Mr. President, I ask unanimous consent to be recognized 
as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DURBIN. I thank the Senator from Louisiana. I hope the people of 
her home State are watching carefully. Senator Landrieu, even before 
Hurricanes Katrina and Rita, worked very hard for her State. But since 
then, it has been nonstop. She is not the only one. There are many 
elected officials who are doing everything they can to help the 
families and businesses and others who were devastated. But I commend 
her to be here so late at night speaking up for her State again. I hope 
she is successful with her amendment which would bring resources to her 
State that are badly needed as post-Katrina construction continues.

                          ____________________




                          SENATOR MIKE DeWINE

  Mr. DURBIN. Mr. President, a few moments ago, our colleague from the 
State of Ohio, Senator Mike DeWine,

[[Page 22183]]

gave tribute to three Ohioans who lost their lives in Iraq. I listened 
to these carefully and I hope others did as well. They were beautiful 
life stories, beautifully written, beautifully spoken by the Senator. I 
went up to him afterwards and asked him how many Ohioans had lost their 
lives in Iraq. He said the number was 140. He has given 90 tributes on 
the floor and hopes before he leaves the Senate in a few weeks to 
finish the last 50. He is determined to get it done as a tribute to 
these families. He said: It is about all we can do, isn't it? He is 
right. It says a lot about Mike DeWine, a lot that many of us already 
knew.
  I came to Congress with Mike in 1982. I recall we were both elected 
to the House of Representatives. I was from the central part of 
Illinois and he was from Ohio. We had a dinner at the White House. I 
recall that his wife Fran, who had just had a baby a few days before, 
came in her beautiful gown with her husband Mike in a tuxedo, carrying 
a basket with their baby in it. They sat down next to Loretta and 
myself for dinner with President Reagan that night. I have joked about 
that because I met that little girl recently. She has grown up now, and 
we remembered the first time we ever laid eyes on her.
  Mike and I have worked on so many things--the global AIDS epidemic. 
He has been my go-to guy on the Republican side of the aisle. When I 
had absolutely given up any hope of passing legislation for hundreds of 
millions of dollars to save hundreds of millions of lives, Mike managed 
to help out in many different ways.
  He invited me once to travel to Haiti with him. Haiti is a DeWine 
family project. Mike and Fran have made over 15 trips to that poor 
island and have met with so many people there in orphanages and on 
streets trying to help them. There is a little school in Port-au-
Prince, the Becky DeWine school, named after Mike and Fran's late 
daughter. They have poured more love and resources into that school for 
some of the poorest kids on this planet than we could ever count. They 
worked together with Father Tom of Hands Together and so many other 
great charities that have done such work.
  As I listened to Mike tonight give his tributes to these Ohio 
soldiers, I was reminded what a quality individual he is. Elections 
come and go. People win and people lose. But the quality of Mike 
DeWine's service to the Senate on behalf of the people of Ohio is 
written large in the history of this institution.
  I thank him for his friendship and for his leadership. I wish him, 
Fran, and the entire family the very best in whatever their future 
endeavors might entail.

                          ____________________




                         SENATOR PAUL WELLSTONE

  Mr. DURBIN. Mr. President, in a few moments there will be a number of 
resolutions offered on the floor of the Senate on a variety of 
different issues. Some of them have been spoken to. A resolution which 
I have offered is related to the fact that we are in the fourth year of 
an anniversary of the death of our colleague Senator Paul Wellstone of 
Minnesota.
  I look back on a career of service in the House and Senate and 
remember a handful of very special people who passed on or left this 
institution. One of those was Paul Wellstone. What an extraordinary 
fellow. The most unlikely Senator you would ever see. He just didn't 
look the part at all. Maybe that is why he did so well in Minnesota and 
was so effective here. He was cut from a different mold. He used to sit 
back here in the last row, and he would stand and speak. He would stand 
in the middle of the aisle as he spoke and would kind of saunter 
around. He had a back injury from wrestling. He loved wrestling; not 
the kind you see on television but real collegiate wrestling. His 
involvement in wrestling cost him some back injuries that haunted him 
his entire life. So he would walk with a kind of a cantered gait as he 
went back and forth on the aisle and all around the Senate.
  But people didn't remember that part. They remembered what he had to 
say and they remembered what was in his heart. Paul Wellstone used to 
say that he thought there were two necessary ingredients for success in 
public service. One was hard work; the other was passion. He had both 
of them. Nobody worked harder for everything he believed in and for his 
State of Minnesota, and nobody came to these issues with more passion.
  I can recall the last time I saw him. He was a few feet away from me 
here. It was the night we cast our vote on the Iraqi war. It was a vote 
that was a hard one. Nobody cared for Saddam Hussein. Nobody wanted to 
see him continue in power. We certainly wanted to protect our country. 
But there were genuine concerns felt by many of us as to whether we 
really understood what lie ahead in that war, the threat to the United 
States, and whether we were being told everything we needed to know.
  Twenty-three of us voted against the war that night. I was one, Paul 
Wellstone was another. It was even later than now that night, and I 
came to the well on the floor to say goodbye to Paul because we were 
both off for the reelection campaigns of 4 years ago. I came over to 
wish him well, and I said, ``Paul, I hope that vote doesn't cost you 
the election.'' He said, ``You know, it is OK if it does because that 
is what I believe and that is who I am. The people of Minnesota would 
expect nothing less from me.'' It was the last time I ever saw him. He 
went home, and within 2 weeks he was killed in a plane crash with his 
wife and staff members.
  I went up to the memorial service for Paul. There was an amazing 
turnout at the University of Minnesota in tribute to this small-in-
stature but great-in-service Senator from Minnesota. The one thing that 
he returned to over and over again was the issue of fairness and equal 
treatment for those suffering from mental illness. Paul's family had 
been stricken with mental illness, and hardly any family in America has 
been spared. He knew firsthand what it meant to suffer from mental 
illness and not be able to afford a doctor's care or the medicine 
needed by people who are suffering from it. He worked with Senator 
Domenici from New Mexico, a Republican, on passage of legislation for 
equal treatment under health insurance for those suffering from mental 
illness.
  The Surgeon General determined in a 1999 report that mental illness 
is largely biologically based and effective treatments exist. It is a 
disease that can be treated. In 1996, Senators Domenici and Wellstone 
championed a bill requiring insurers to offer mental health care and to 
offer comparable benefit caps for mental health and physical health. 
But there was a big loophole in the bill, and they knew it. The bill 
didn't require group health plans to include mental health coverage as 
a benefit. Even with the 1996 law in place and 22 States mandating full 
parity, mental health services continued to be subject to higher 
limitations than other health treatments.
  The parity law in place that I referred to expires at the end of this 
year. I hoped 4 years ago, when we were caught up in the emotions of 
Paul's death, that we would come back and pass legislation that he 
called for and worked for with Senator Domenici. Four years have passed 
and it hasn't happened. Many people continue to suffer, continue to go 
without the basic care they need.
  Resolutions come and go, and very few people pay much attention to 
them. I don't think this will be a lead line in any newspaper in 
America, but the purpose of this resolution is to put the Senate on 
notice that it has been the fourth anniversary of the death of a man we 
loved in the Senate, Paul Wellstone, and also to urge us to remember 
his mission in the Senate when it came to mental health. The purpose 
clause of this resolution reads:

       Congress should act to end discrimination against citizens 
     of the United States who live with a mental illness by 
     enacting legislation to provide for the coverage of mental 
     health benefits with respect to health insurance coverage.

  I would like the language to be stronger, but I understand this was 
the best we could do this evening. We can

[[Page 22184]]

prove that Paul Wellstone was right and that we care about his legacy 
by enacting this legislation when we return. I will be working with 
Senator Kennedy, Senator Enzi, and all of my colleagues to do our best 
to make sure that does occur.

                          ____________________




                                 DARFUR

  Mr. DURBIN. Mr. President, I come to the floor tonight because during 
the break, I sat and watched ``60 Minutes'' with my wife one evening. 
During the course of the program, there was a segment on the horrible 
situation that is now occurring in Darfur in the nation of Sudan on the 
continent of Africa. I have been blessed and lucky to visit Africa 
several times. I am drawn back every time I leave. I think I have to 
get back there; there is so much more I need to see. I don't know 
whether it is that it is the cradle of civilization and that is where 
the first remnants of early human life have been found, but Africa 
draws you back to those roots and origins.
  The last time, I took a trip with Senator Brownback of Kansas. We 
went to Rwanda, which, of course, is a country that conjures 
immediately an image of horrible death and suffering. Over 10 years 
ago, genocide occurred in Rwanda. We look back now on the deaths of 
hundreds of thousands of innocent people and realize that the United 
States basically stood by idly and watched that occur. President Bill 
Clinton was in office at the time and was urged by many Members of 
Congress, including my predecessor, Senator Paul Simon of Illinois, to 
send some type of military force to try to stop the killing.
  When we visited Rwanda, Senator Brownback and I stayed in the now 
famous Rwanda Hotel, known as Des Mille Collines, which means a 
thousand hills. It is in the city of Kigali in Rwanda. As we stayed 
there and I saw this hotel, having seen the movie, I was haunted by the 
images of that movie, how that hotel had become a refuge during the 
genocide and people streamed in from all over Rwanda because they knew 
this hotel manager was doing his best to protect them. They were 
drinking water, after the regular supplies were cut off, out of the 
swimming pool because it was the only place to turn. As I looked down 
at the pool, I could not imagine people scrambling along the edges of 
the pool to find water for themselves and their children. As you walked 
through the halls, you thought of the people huddling there and praying 
they would not be beaten or macheted to death at any given moment.
  Down the hill from the hotel is a Catholic church--a red brick 
church, simple and plain. I went in there early in the morning and 
looked inside as those who were waiting for mass gathered. I thought: 
This is an interesting gathering place at 6 a.m. I went back to the 
hotel and asked about it. It turns out that 1,200 people were killed in 
that church. They were seeking asylum and refuge in the church, and the 
people who were determined to kill them came in and hacked them to 
death on the stones of the very church I visited. That was 10 years 
ago. We did nothing. We could not even bring ourselves in America to 
use the word ``genocide'' to describe what was going on.
  I think President Clinton would be the first to admit that this is 
one of the chapters of his Presidency that he is not proud to recount. 
He has personally gone there to apologize that the United States didn't 
do more.
  Mr. President, let's fast-forward to today. Today is not Rwanda. 
Today it is Darfur. I come to the floor today to talk about the ongoing 
tragedy in Darfur, Sudan, and to report that amidst all of the sad 
comments about what is happening there, a ray of hope broke through 
today.
  Darfur is in a distant corner of the world, but it is familiar to 
millions of us in America. It has come home to many of us through news 
stories and photos about women being brutalized, families murdered, and 
villages being burned. The violence has gone on for over 3 years.
  The U.N. news service reports from yesterday describe more attacks by 
the jingaweit militia in south Darfur. More villages were burned and 
more crops were destroyed. The U.N. news reports describe how 
humanitarian personnel in west Darfur had to be evacuated because of 
growing threats to their safety. And violence in Darfur has spread to 
neighboring eastern Chad and the Central African Republic. At least 
200,000 people have died. More than 2 million people have been 
displaced from their homes. Today, 4.5 million people are at risk in 
Darfur and eastern Chad. Hundreds of thousands are in desperate need 
but beyond the reach of humanitarian organizations. As I said, this has 
gone on for more than 3 years.
  Last May, the Sudanese Government signed a peace agreement with one 
of the major rebel groups that it had been battling, but violence since 
then has only increased. In that agreement, the Khartoum Government 
promised to disarm the jingaweit, which have terrorized Darfur. Instead 
of disarming them, the Government in Khartoum is remobilizing and 
rearming the militias. They have even given these militiamen, who were 
killing and burning and raping and pillaging, uniforms to wear.
  On November 5, a reporter for Reuters news organization described the 
impact of this remobilization of the militia:

       Arab militias on horses and camels wearing pristine 
     uniforms and carrying brand new guns attacked three villages, 
     killing dozens, mostly children. One witness told the 
     reporter, ``They took the babies and children from their 
     mother's arms, beat the women and shot the children. . . .'' 
     And they said to the mothers, ``We are killing your sons and 
     when you have more, we will come and kill them, too.''

  The U.N. Security Council has passed resolutions condemning the 
violence and authorizing a U.N. peacekeeping mission of more than 
20,000 troops. But the Government of Sudan has refused to allow the 
peacekeepers in the country. Presently, there are 7,000 African Union 
monitors in Darfur, but they are outnumbered by Sudanese forces by 200 
to 1. The African Union forces do not have the mandate or the means to 
protect people, although some commanders have tried to make a 
difference in their local areas.
  Rwandan peacekeepers have been among the most effective in Darfur. 
Maybe the memory of their own genocide brings them to this mission of 
mercy. They are also among the most frustrated that they cannot do more 
and the world refuses to engage.
  Twelve years ago, Canadian General Romeo Dallaire was a U.N. 
commander stationed in Rwanda during the genocide I have described. He 
begged for more troops from all over the world. He begged for more 
ammunition. He begged for the authority to stop the killing in Rwanda. 
He was ignored. He got nothing. Hundreds of thousands of people died 
needlessly. He managed to save some, but for the most part he could 
only stand helplessly watching as a witness to the slaughter.
  Today, Rwandan peacekeepers lack the means and the authority to stop 
another genocide. Like Dallaire, they need the world to act. What is 
needed is a much larger, more robust peacekeeping force, and it is 
needed urgently right now.
  Eric Reeves, a professor of literature who has become the unofficial 
chronicler and probably the foremost expert on the genocide in Darfur, 
writes:

       The people of Darfur have been abandoned. Given how clearly 
     and predictably genocidal events have unfolded over most of 
     the past three and a half years, this failure now exceeds in 
     all too many ways the shameful international acquiescence 
     before the 1994 genocide in Rwanda.

  Those are the words of Mr. Reeves.
  U.N. Secretary General Kofi Annan today convened a high-level meeting 
in Ethiopia to find a way beyond this impasse and to finally break 
through with help for these people. U.S. Special Envoy to Sudan, Andrew 
Natsios, is there. So are representatives from the other permanent 
members of the Security Council, the Arab League, and the European 
Union. The Sudanese Government is also officially attending. They are 
there to find a way to get peacekeepers on the ground in Sudan in a 
section of that country as large as the State of Texas.
  Whether the peacekeepers come under the U.N. title or through some

[[Page 22185]]

other combination with the African Union, they are desperately needed. 
The title doesn't mean much; it is the mission that counts. It must be 
large enough, well equipped enough, and with the mandate and authority 
to protect the people of Darfur.
  The latest news reports indicate that they may have made progress in 
their meeting, and we pray to God they did. Kofi Annan announced today 
that Sudan has accepted in principle a United Nations-African Union 
mission in Darfur, but there has been no agreement as to the number of 
troops that will be accepted and deployed.
  I hope this is truly a breakthrough and not more empty rhetoric from 
the Government of Sudan.
  Today's news reports are full of new killings in Darfur. The Darfur 
peacekeeping force must have the capability, the numbers, and the 
authority to preempt, prevent, deter, and respond to attacks on 
civilians and to protect the camps of those who have been displaced. 
There must be a clear timetable to make this happen, and it must start 
now. The violence in Darfur has spilled beyond its borders. Villages in 
Chad are burning.
  For too long the world has done too little. I hope today's reports 
represent a breakthrough that Sudan will, indeed, accept the 
peacekeeping mission that is so badly needed in Darfur.
  Mr. President, we never know if any word spoken on the floor of the 
Senate or even heard or noticed will make a difference. I guess the 
purpose of my speech this evening is for my own satisfaction. I sat 
there with my wife, and we watched that ``60 Minutes'' program about 
these helpless people who are the victims of this genocide in Darfur, 
and she turned to me and said: Isn't there something you can do?
  Well, I gave a speech. I wish I could do more. I wish I had the power 
of the President. I wish I had the power of the United Nations. I wish 
I had the power to send the troops to protect these poor people. But 
when the record is written of this time, I hope it is written that at 
least we spoke up, at least we spoke the word ``genocide,'' a word we 
were even afraid to mouth during the Rwandan crisis.
  We know what is happening. In just a few short days, many of us will 
be sitting around with our families giving thanks for all the blessings 
we have in this great country, and we have so many: our wealth, our 
prosperity, our happiness, our families. I hope for a moment that the 
people of this country will reflect on the less fortunate and remember 
this tiny country, Sudan, and this great continent of Africa that is 
now sadly the site of the first serious genocide of the 21st century. 
We need to do so much more.
  Mr. President, I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. FRIST. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                            MORNING BUSINESS

  Mr. FRIST. Mr. President, I ask unanimous consent the Senate now 
proceed to a period of morning business with Senators permitted to 
speak for up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                          TRIBUTE TO EULA HALL

  Mr. McCONNELL. Mr. President, I rise before you today to honor a 
great humanitarian and fellow Kentuckian, Eula Hall.
  Over 30 years ago Ms. Hall opened a medical clinic in Pike County, 
KY, at a time when very few people had medical insurance. Such is her 
dedication to the people of eastern Kentucky she soon gave up her home 
to house the expanding clinic, moving herself and her young family into 
much smaller housing.
  At 78 years old Ms. Hall continues to work in the clinic every day, 
usually starting at 8 in the morning and going late into the evening.
  Recently the Kentucky General Assembly passed a resolution to rename 
Kentucky highway 979 the Eula Hall Highway. On October 24, 2006 The 
Pike County News Express profiled Eula Hall and her accomplishments and 
sacrifices for the people of Kentucky.
  I ask unanimous consent that the full article be printed in the 
Record and that the entire Senate join me in paying respect to this 
beloved Kentuckian.
  There being no objection, the material was ordered to be printed in 
the Record as follows:

           [From the Pike County News Express, Oct. 24, 2006]

      KY 979 Through Mud Creek To Be Renamed ``Eula Hall Highway''

       Friday, October 27, at 1:30 in the afternoon, friends and 
     colleagues of Eula Hall are invited to gather at the Mud 
     Creek Clinic on KY 979 at Grethel to celebrate the life and 
     accomplishments of a brave mountain woman. As a result of a 
     resolution passed unanimously by the Kentucky General 
     Assembly the entire road KY 979 from Harold to Hi Hat--will 
     be re-named Eula Hall Highway. The resolution was introduced 
     by State Rep. Chuck Meade and State Senator Johnny Ray 
     Turner.
       For the past 40 years, Eula Hall had probably traveled Mud 
     Creek--Kentucky Route 979--more than anyone else. She was a 
     woman with a mission to bring quality health care to people 
     who had no medical insurance and not enough money to pay for 
     things like visits to the doctor, shots, prescription 
     medicine, much less surgery, physical therapy, and other more 
     expensive treatments and procedures. She's made it her life's 
     work to make sure that no one within her reach goes without 
     the basic health care they need to live full productive 
     lives.
       And now that road where it all started, the two-lane state 
     highway that runs through Mud Creek from Harold to Hi Hat, 
     will be renamed Eula Hall highway in honor of the woman who 
     brought hope and healing to thousands. ``She had little 
     education. She had no financial resources of her own. She had 
     five children to raise by herself. By all accounts her life 
     should have barely been noticed outside of the family and 
     close friends,'' said Sara George, Information Officer for 
     Highway District 12. ``But if you think like that, you don't 
     think like Eula Hall. She never met a problem she couldn't 
     face head on, never met a person she couldn't relate to, and 
     never took `no' for an answer when it came to the health and 
     well being of the people of her neck of the woods. She is 
     humble, yet tough; gracious yet tenacious; and she is 
     probably the most revered, respected, and loved person in Mud 
     Creek, and rightly so.''
       Eula looks at her life from a practical viewpoint. 
     ``Nothing won't happen if you sit back and watch the 
     suffering of other people.'' It's a simple motto and one that 
     she lives by.
       More than 30 years ago, Hall opened the Mud Creek Clinic in 
     Floyd County to serve the needs of people without health 
     insurance or money to pay their doctors' bills. ``I seen so 
     much suffering, since I was a little girl. There was no 
     affordable health care at all for people without health 
     insurance, people without money. We just stayed home, sick or 
     whatever. People died for lack of a tetanus shot or 
     something,'' she told the Courier Journal last year.
       The Kentucky Transportation Cabinet's Executive Director 
     for Highway District 12, Danl Hall, will emcee a ceremony 
     that will feature speakers such as Senator Turner, Rep. 
     Meade, Social Security Administration Area District Manager 
     Jim Kelly and Big Sandy Health Care CEO Ancil Lewis. U.S. 
     Congressman Hal Rogers will be represented by Tonya Conn.
       Born in Greasy Creek in Pike County, Eula didn't start 
     school until she was nine years old. She remembers crying on 
     her last day of the eighth grade because she knew she 
     couldn't continue her education. The closest high school was 
     about 20 miles away, and there was no school bus that came 
     that far out in the county. She had six brothers and sisters; 
     her parents didn't have a car; and as farm workers they 
     certainly didn't have the money for boarding school or 
     college.
       Years later, as a young mother raising five children on her 
     own, she realized anew the terrible toll that lack of proper 
     health care took on people without money or insurance. She 
     organized screening using medical students from UK and 
     Vanderbilt as well as volunteer nurses and physicians. They 
     found undiagnosed tuberculosis, pneumoconiosis (black lung), 
     diabetes, heart disease, and high blood pressure. In 1973 she 
     managed to get a clinic licensed to operate on Mud Creek in 
     Floyd County. The Mud Creek Clinic opened in a rented house 
     on Tinker Fork, which it quickly outgrew. Hall moved the 
     facility to her own home on Mink Branch. Her house was bigger 
     and easier to get to. But it meant moving her family into a 
     mobile home.
       Eula Hall picked up patients and took them home because 
     many of them had no transportation, or at least none that was 
     reliable. She delivered food and medicine. Now

[[Page 22186]]

     she even works to get people their rightful Social Security 
     and other benefits, winning more cases than some attorneys, 
     according to many observers.
       By 1977 the clinic merged with Big Sandy Health Care, which 
     remains its parent organization today.
       Five years later, the clinic burned to the ground. ``We 
     didn't miss a day,'' Hall recalled. ``We set up shop on a 
     picnic table under the trees.''
       The new Mud Creek Clinic opened in 1984, thanks to $320,000 
     from the Appalachian Regional Commission and dozens of quilt 
     raffles, chicken and dumpling dinners, a radio-thon, and 
     other local fundraising efforts.
       Now there are 24 employees, including two full-time 
     physicians, a full-time certified physician assistant, and a 
     part-time doctor. The clinic is housed in a modern brick 
     building with another facility behind it that houses a dental 
     clinic and food pantry. Eula Hall is 78 years old, but still 
     goes to work at 8 o'clock every morning.
       Last year Eula was presented an honorary doctorate from 
     Berea College at the same ceremony which honored Archbishop 
     Desmond Tutu, a winner of the Nobel Peace Prize. She also 
     holds an honorary doctorate from Trinity College, Harford, 
     Connecticut, and one from the Pikeville College School of 
     Osteopathic Medicine.
       ``I appreciate (the awards),'' she said. ``But I never done 
     anything to get awards. I do it because I need to. Somebody 
     needs to.''
       Clinic patients, neighbors and friends, and many local 
     elected and appointed government officials will come together 
     on Friday to honor Eula Hall once again, this time by naming 
     in her honor the road she's traveled so many years. The 
     public is invited to attend and join Eula afterwards for a 
     reception hosted by Big Sandy Health Care.

                          ____________________




                        TRIBUTE TO SELDON SHORT

  Mr. McCONNELL. Mr. President, I rise today to honor a good friend and 
fellow Kentuckian, Seldon Short, who with his wife Janet has worked for 
the Kentucky Mountain Holiness Association for the past 49 years and in 
radio for the past 55.
  Mr. Short began his career in broadcasting in 1951 at WMTC-AM, a 
small radio station in Vancleve, KY. Throughout his time in radio Mr. 
Short ran the gauntlet of progress, keeping up with the technological 
changes of the last half century from 78-rpm vinyl records to cassette 
tapes to satellite delivery, while also expanding his own radio 
station. After Mr. Short became general manager in 1978, his small AM 
station grew from 1000 watts to 5000 watts, and in 1991 switched over 
to the FM dial.
  Upon his retirement from WMTC-FM this October, Mr. Short was awarded 
the J.T. Whitlock Life Member Award from the Kentucky Broadcasters 
Association for his commitment and dedication to the field of 
broadcasting.
  On October 12, 2006, The Breathitt County Voice published an article 
highlighting Mr. Short's contributions to his community. I ask 
unanimous consent that the full article be printed in the Record and 
that the entire Senate join me in paying respect to this beloved 
Kentuckian.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

            [From The Breathitt County Voice, Oct. 12, 2006]

    ``A Blessing to Breathitt County''--Seldon & Janet Short Retire

                            (By Jeff Noble)

       All around the room Seldon Short could see friends. Dozens 
     of them came out on a Friday night to say ``thank you'' to 
     him and his wife Janet. Even after he suffered crippling 
     injuries in a horrible car crash a few years back, he smiles. 
     Even after Janet suffered debilitating illness from an 
     operation some time ago, she remains upbeat.
       And they're not bitter. Because of their resiliency, Seldon 
     and Janet Short's faith and love of people keeps them above 
     the rollercoaster that is life. ``It does our hearts good to 
     see all these people we've served,'' Seldon said during a 
     retirement party for him and his wife inside the dining hall 
     of Mt. Carmel High School. ``You look around and it's amazing 
     how wonderful life really is. Janet and I will be married 50 
     years next June. We've been blessed with four children and 
     six grandchildren. And we have a lifetime of memories. God's 
     been good to us, and because of that, we keep going.''
       Janet gently squeezed her husband's hand as she spoke of 
     the outpouring of love their friends provided at the party. 
     ``It's so nice to see all these people. People I've worked 
     with, people who helped babysit for my children when I was on 
     the radio, people who we love and cherish. I'm just thankful 
     the Lord has seen us through during this time, and sometimes, 
     it was rough.'' Then she looked admiringly at Seldon and 
     spoke softly with a smile. ``Seldon, he's a great guy. I 
     don't know what I'd do without him. He's wonderful. I can't 
     brag on him enough.''
       Neither could some in the room, like his old friend Robert 
     Cundiff. ``Seldon loves people. But he is also a shy 
     person,'' getting a laugh out of the crowd as he spoke. He 
     then told a story about his old buddy, who, like Cundiff, 
     graduated from Mt. Carmel and the former Kentucky Mountain 
     Bible Institute (now Kentucky Mountain Bible College). ``For 
     instance, in the cafeteria, Seldon was so shy, he wouldn't 
     even say `Pass the biscuits.' Can you imagine Seldon doing 
     that?'' It was a remark that brought the house down. Cundiff 
     then thanked Seldon for being the ``founding father of the 
     Mt. Carmel Former Students Association--our alumni 
     association. Thank you, my old friend.''
       Not to be outdone, several of Janet's friends and co-
     workers came to bring yellow roses to her, and to spin some 
     stories about Mrs. Short and her work she and her husband did 
     at WMTC Radio. ``While I played piano, I remember Janet 
     reading poems over the radio station,'' said Donna Woodring. 
     ``Sometimes they would be quite inspiring, sometimes they 
     would be whimsical. She was always delightful.'' Carlene 
     Light recalled another moment. ``Janet loved to cook, and she 
     loved to watch you eat. That's why I'm overweight.'' After 
     getting laughs from the audience, Carlene went on to say, 
     ``What's so great about this couple is that Seldon and Janet 
     are focused on people.'' It was a statement echoed by Faith 
     Amspaugh. ``In fact, my children, who are all grown, still 
     call them Uncle Seldon and Aunt Janet.''
       For many years, Seldon and Janet wore many hats working for 
     the Kentucky Mountain Holiness Association. He was with KMHA 
     for 49 years, while Janet worked for 40 years. Of that time, 
     Seldon served as Vice-President of KMHA, as well as positions 
     on the Jackson Kiwanis Club, the Jackson Independent School 
     board, the pastor of two churches (Wolverine for 23 years and 
     Bach Memorial for 18 years), and as a board member of the 
     Kentucky Broadcasters Association (KBA). From his humble 
     beginnings as a part-time announcer in 1951, Seldon returned 
     to WMTC full-time in 1954-55. After going to Asbury College, 
     he came back for good to the radio station in 1958.
       He and Janet had a heart for radio, and remained with the 
     station for many years. Seldon became General Manager of WMTC 
     in 1978, saw the station's signal on 730 AM go from 1,000 
     watts to 5,000 watts, and was at the creation of WMTC-FM, as 
     it went on the air at 99.9 in 1991. ``I did a lot of live 
     programs back then. There was no tape as we know it today. 
     Recorded shows were on big, heavy 78 RPM vinyl discs. Then we 
     got old-fashioned recorders that weren't plastic, but 
     paperback. Then we went to reel-to-reel tape recorders, 
     cassette recorders, CD's and satellite delivery. Today is all 
     computerized.'' Then Short pointed his finger up at the sky 
     and said, ``What hasn't changed is the commitment to serving 
     people. I still think trying to be of service to the area you 
     cover is still the most important thing you can do as a 
     broadcaster. You still need to respond to their wants, their 
     needs, their requests and their hunger for information.''
       That same hunger for service came to his successor, 
     Jennifer Cox. ``The Shorts welcomed me to WMTC. I had never 
     worked at a family environment. And I learned from a reliable 
     source.'' Cox, who succeeded Seldon as General Manager in 
     June of this year, got misty-eyed when she spoke of him. ``He 
     did live radio and has gone through the computer age. 
     Everything I know he taught me. Because of Seldon and his 
     vision, we at WMTC are where we are today. I thank him for 
     his leadership and kindness.'' At that point, Cox presented 
     Seldon with the J. T. Whitlock Life Member Award from the 
     Kentucky Broadcasters Association. ``J. T. was a great friend 
     of mine,'' Seldon said of the late, long-time Executive 
     Secretary-Treasurer of the KBA. ``He was a great friend of 
     the small broadcaster, like us, and he had a great heart for 
     people, and serving those people who listened to him.''
       As some 50 of their friends munched on cake and 
     refreshments in the dining hall, the Shorts listened as the 
     current President of KMHA reminded the crowd that despite 
     their adversities, Seldon and Janet were not bitter about 
     their experiences. ``Both of them are not quitters,'' said 
     Dr. Philip Speas. ``The Shorts are made out of good stuff. 
     They're made of good metal. They've been a real illustration 
     of patience. They are a blessing to Breathitt County.''
       Toward the end of the reception, Seldon got up out of his 
     wheelchair and looked at the room again. His friends, like 
     Rev. and Mrs. Wilfred Fisher, and his children and 
     grandchildren, were all standing and applauding. The cheering 
     died down. His wife was in tears. He was too, as he softly 
     told them, all his friends for life, ``Thank you. God has 
     really blessed us through these long, wonderful years, and 
     all of you have graced us with your friendship. Despite our 
     difficulties, we'd do it all over again. God's grace has been 
     sufficient. It's been a good life.''

                          ____________________




                           THANKSGIVING 2006

  Mr. BYRD. Mr. President, next week, Americans across our great land 
will be celebrating one of our oldest and most beloved holidays, 
Thanksgiving.

[[Page 22187]]

  What a great and glorious holiday this is--a truly and uniquely 
American holiday. It is a day for giving thanks. A day devoted to 
family, to country, and to God. A day of eating turkey, sweet potatoes, 
mashed potatoes, cranberry sauce, dressing, and pumpkin pie. It is a 
day of parades, football games, and the beginning of the Christmas 
holiday season.
  It is a day of family gatherings. Unfortunately, in too many homes 
this year, and as in the past 5 years, there will be too many empty 
seats at the dinner table. I hope everyone listening will join me in 
praying for our sons and daughters who are in harm's way in Iraq and 
Afghanistan, in praying for the eternal salvation of those who have 
died in these costly conflicts, and in praying for the speedy recovery 
of those who have been wounded. While we cannot hope to fill those 
empty chairs, we can hope that our prayers and our love and support 
will help to ease the sorrow at those tables.
  Even with the turmoil of the past year and with so many of our sons 
and daughters in faraway lands, we still have so much for which to be 
thankful.
  We are thankful for the Pilgrims--that courageous group of men and 
women who, in 1621, left their homes, crossed a mighty ocean, and 
settled in a strange, unknown wilderness so they could go to church so 
they could worship God as they pleased.
  After months of privation, suffering, hunger, sickness and death, 
these men and women had a great feast to thank God for being good to 
them. Think about it. With all the brutal hardships they had endured, 
with all the death and suffering they endured, they took time to have a 
great feast to thank Almighty God for being good to them. In the 
process, they gave us our first Thanksgiving
  We are thankful for the heritage of liberty bequeathed to us by our 
ancestors. We are thankful for the wisdom and the foresight of our 
Founding Fathers who bestowed to us a form of government unique in 
history, with its three strong pillars of executive, legislative, and 
judicial branches, each balanced and checked against one another.
  In fact, Mr. President, that is the very point I want to emphasize. 
The very first national observance of Thanksgiving, which came in 1789, 
was to thank Almighty God for His role in creating our great country, 
and His assistance in the forming of our Constitution.
  This happened when, in the very first Congress in 1789, 
Representative Elias Boudinot of New Jersey moved that a day of 
thanksgiving be held to thank God for giving the American people the 
opportunity to create a Constitution to preserve their newly won 
freedoms.
  The resolution, as approved by both Houses of the Congress, requested 
that a ``joint committee of both Houses be directed to wait upon the 
president of the United States, to request that he recommend to the 
people of the United States a day of public thanksgiving.''
  On September 26, 1789, the first Senate agreed to the House 
resolution, and a few days later a joint congressional committee 
delivered to President Washington a resolution ``desiring the president 
of the United States to recommend a day of general thanksgiving.''
  Within a few days, on October 3, President Washington issued the 
first national thanksgiving proclamation. Our first and perhaps our 
greatest President proclaimed Thursday, November 26, 1789, to be a day 
of national thanksgiving.
  That proclamation is a fascinating and informative document. It 
begins by proclaiming that, ``it is the duty of all nations to 
acknowledge the providence of Almighty God, to obey His will, to be 
grateful for His benefits, and humbly implore His protection and 
favor.''
  The Father of our country left no doubt about his belief that our 
Nation was not simply the creation of mere mortals but was, in fact, 
guided by a Divine Hand. As if to emphasize this point, his 
proclamation went on to praise ``that great and glorious Being who is 
the beneficent author of all the good that was, that is, or that will 
be.'' He exhorted the people of his young Republic to express their 
gratitude to Almighty God for his protection of them through the 
Revolutionary War. He wrote: ``We may then all unite in rendering unto 
Him our sincere and humble thanks for His kind care and protection of 
the people of this country previous to their becoming a nation.''
  That was George Washington. That was the basis of our first national 
Thanksgiving.
  But he was not through. This was a Thanksgiving proclamation, so he 
proceeded to give thanks. He asked the American people to be thankful 
to Almighty God for ``the civil and religious liberty with which we are 
blessed.''
  And he asked the American people to be thankful ``for the peaceable 
and rational manner in which we have been enabled to establish 
constitutions of government for our safety and happiness, and 
particularly the national one now lately instituted.''
  I hope everyone caught that. President Washington was thanking the 
Good Lord for the Constitution that created the American Government.
  At the request of our first President, citizens throughout the land 
assembled in churches on November 26, 1789, and thanked God for their 
government and asked Him for His Guidance in the years ahead. As for 
President Washington, he spent the day worshiping at an Episcopal 
church in Manhattan.
  As you celebrate this Thanksgiving, enjoy your families. Enjoy your 
Thanksgiving feasts. Enjoy your football games and your parades.
  But like President Washington, you might want to think about 
attending church on this great and glorious day and give thanks for our 
many blessings. Like President Washington, you may want to thank God 
for watching over the United States and for His assistance in the 
creation of our Constitution, our Nation's most basic and sacred 
document, which has guided and protected our country for more than 200 
years, through world wars, great depressions, and bitter, divisive 
elections.

                          ____________________




                       HONORING OUR ARMED FORCES


                  Private First Class Jeffrey Shaffer

  Mrs. LINCOLN. Mr. President, it is my honor to rise today to pay 
tribute to one of Arkansas' fallen heroes, PFC Jeffrey Shaffer, who 
gave his life serving our country in Operation Iraqi Freedom.
  By all accounts from family and friends, Private First Class Shaffer 
lived his life to the fullest. For this young man, that meant caring 
for others, having fun, and making people laugh, even when confronted 
with life's challenges. The image of a tough soldier masked the side 
most familiar to his loved ones, that of a more playful young man who 
pulled pranks and brought laughter to lives of others. His stepfather, 
Mark Adams, recalls a golf outing where neither he nor Jeff was playing 
particularly well. Rather than suffer through the rest of the game, and 
to the surprise of Mark, Private First Class Shaffer jumped in the 
water and began collecting golf balls. Mark had never had more fun 
playing golf. The day was a testament to the effect Private First Class 
Shaffer often had on others.
  But he also had a humble, more serious side and a deep sense of 
commitment to his country. While working for his uncle's masonry 
contracting business in Harrison, AR, he took time to earn his GED. 
Shortly thereafter, and to the surprise of many in his family, he 
joined the U.S. Army in February 2005. The tragic events of September 
11 changed how he viewed the world and motivated him to serve in the 
military. For Private First Class Shaffer, serving in the Army was a 
way he could contribute to the safety of his family and security of all 
Americans.
  The 20-year-old was assigned to the 2nd Battalion, 6th Infantry 
Regiment, 1st Armored Division. After being stationed in Germany, 
Private First Class Shaffer was deployed to Kuwait and later Iraq. 
Witnessing close friends lose their lives in Iraq, he was never naive 
about the dangerous realities of war. He believed whatever happened to 
him was God's will and often told this to his mother to calm her fears. 
Private First Class Shaffer's life ended on September 13, 2006, after a 
roadside bomb

[[Page 22188]]

detonated near his Bradley assault vehicle.
  On September 16, family, friends, and fellow soldiers gathered at 
Calvary Baptist Church in Waco, TX, to pay tribute to the life and 
legacy of Jeffrey Shaffer. I am proud to pay tribute to him today and 
am thankful for his service to our country. He leaves behind a 2-year-
old daughter, Makayla Grace, who I hope will one day know that her 
father took full advantage of what life had to offer and brought untold 
happiness to those around him. My thoughts and prayers are with her, 
Jeffrey's parents, his aunt and uncle, and all those who knew and loved 
him.


                   Lance Corporal Kyle Wesley Powell

  Mr. SALAZAR. Mr. President, I want to bring to the Senate's attention 
the loss of a young man of great promise from my home State of 
Colorado: Marine LCpl Kyle Wesley Powell. A member of Unit C Co, 1st 
Combat Engineer Battalion, 1st Marine Division, I Marine Expeditionary 
Force out of Camp Pendleton, Lance Corporal Powell was killed earlier 
this month in Fallujah, Iraq.
  Kyle Powell was a native of Colorado Springs. He was an Eagle Scout 
who graduated from Cheyenne Mountain High School, and joined the Marine 
Corps in September 2003. Lance Corporal Powell was on his third tour as 
a marine in Iraq. During his second tour, he received the Navy 
Achievement Medal after a bunker which he had designed and constructed 
absorbed an attack of several enemy rocket-propelled grenades, 
protecting the marines within it.
  In fact, just a few days before his passing, Lance Corporal Powell 
had saved the life of another fellow marine, applying a tourniquet and 
firing his weapon at the enemy until they could be rescued.
  What jumps out about Lance Corporal Powell is that when people speak 
of him, one word keeps coming up: leader.
  ``He was always, always ready to go and lead from the front,'' said 
LTC Wayne Sinclair, commander of the 1st CEB.
  In fact, at the time of his untimely loss, Lance Corporal Powell was 
leading a convoy moving to help extract a group of fellow marines from 
hostile territory. He was conducting a mine sweep when he was killed, 
likely saving the lives of five other marines who were behind him in a 
humvee.
  I noted before that Lance Corporal Powell was on his third tour in 
Iraq. But it should be noted that he went on this third tour by choice: 
in August, he chose to lead by example. He volunteered to go to Iraq 
because his unit was short of others to send overseas.
  At a time when so many of our young men and women are preoccupied 
with the coming course schedules at colleges and universities, Kyle 
Powell was focused on helping the people of Iraq.
  Kyle's parents, Nancy and David are former Army officers, and they 
know firsthand the dangers their son faced. They know the same pride he 
felt in doing the work that by all accounts he truly loved.
  Nancy and David, our Nation mourns the loss of your son with you. We 
celebrate his service to our Nation, his willingness to always 
selflessly step to the front and lead so that others, be they in his 
unit or half a world away in his hometown, would be safer. Our Nation 
is humbled by his heroism, and we hope your grief is soothed by knowing 
that his sacrifice is forever appreciated by every American.


                   LIEUTENANT COLONEL ERIC J. KRUGER

  Mr. President, I wish to take a moment to recall the life and service 
of Army LTC Eric J. Kruger, who was killed near Baghdad earlier this 
month. He was the highest-ranking officer from Fort Carson, CO, to be 
killed in Iraq and had only been there a few days.
  Colonel Kruger was deputy commander of the 2nd Brigade Combat Team 
out of Fort Carson, which has recently been deployed to Iraq. 
Previously, Colonel Kruger had served a year in Afghanistan and less 
than 10 months after returning to the States and connecting with 2BCT 
was redeployed as part of an advance team to prepare for 2BCT's 
deployment to the area.
  Colonel Kruger was a graduate of North Garland High in Texas and 
earned a bachelor's degree in political science and master's degree in 
liberal arts from Southern Methodist University in his home State 
before joining the U.S. Army in 1989. Colonel Kruger completed airborne 
and Ranger training.
  As a soldier, Eric Kruger was of notable and rare distinction: during 
his service he had earned the Bronze Star, numerous Meritorious Service 
Awards and an Army Commendation medal. He was a man of deep patriotism 
and conviction in his job. He believed in making the world a better 
place and acted to help make that vision a reality.
  But it is the testimony of those with whom he served that helps 
illuminate the extraordinary character of Colonel Kruger. One fellow 
soldier from Fort Carson remembered him as ``a wonderful man and a 
great leader. Everyone who knew him loved him.'' A staff sergeant who 
served under him said that Colonel Kruger was ``one of the few 
leaders'' who helped her realize her life's path was with the U.S. 
Army: ``Sir, your excitement, passion, and outstanding leadership moved 
me in my military career,'' she wrote. Another staff sergeant spoke of 
Kruger's respect for his fellow man, remembering that when he first met 
Colonel Kruger, ``Even though he vastly outranked me, he always treated 
me and all others with a vast respect and kindness.''
  A fellow officer who served with Colonel Kruger in Afghanistan 
recalled his commitment to his family. ``Eric was a good man, a fine 
soldier and a loving father. We often spoke of our families, and I 
remember being struck by his dedication to his family and his concern 
for their wellbeing.'' There is no doubt: Colonel Kruger cared deeply 
about his fellow man and dedicated his life to serving others.
  To Colonel Kruger's wife Sara and their four children, Caitlin, 
Joshua, Christian, and Elise: You and Eric are in our prayers, today 
and always. May you find peace and solace in this time of grief, 
knowing that Eric's service to this Nation will not be forgotten. The 
many lives he positively shaped as an officer and American are tributes 
to his leadership and to your support of his efforts. For this, our 
entire Nation is grateful.
  Colonel Eric Kruger was an unquestionable hero, a leader whom each of 
us can admire and who can inspire every Member of this body to redouble 
our efforts on behalf of him and every one of our Nation's veterans and 
men and women serving in uniform.


                         California Casualties

  Mrs. BOXER. Mr. President, today I rise to pay tribute to 47 young 
Americans who have been killed in Iraq since July 18. This brings to 
639 the number of soldiers who were either from California or based in 
California who have been killed while serving our country in Iraq. This 
represents 22 percent of all U.S. deaths in Iraq.
  LCpl Geofrey R. Cayer, 20, died July 18 from a nonhostile incident in 
Al Anbar province, Iraq. He was assigned to 3rd Battalion, 5th Marine 
Regiment, 1st Marine Division, I Marine Expeditionary Force, Camp 
Pendleton, CA.
  SPC Joseph A. Graves, 21, died on July 25 in Baghdad, Iraq, from 
injuries sustained when his military vehicle encountered a vehicle-
borne improvised explosive device and small arms fire. He was assigned 
to the 110th Military Police Company, 720th Military Police Battalion, 
III Corps, Fort Hood, TX. He was from Discovery Bay, CA.
  LCpl James W. Higgins, 22, died July 27 from wounds received while 
conducting combat operations in Al Anbar province, Iraq. He was 
assigned to 1st Battalion, 1st Marine Regiment, 1st Marine Division, I 
Marine Expeditionary Force, Camp Pendleton, CA.
  Cpl Phillip E. Baucus, 28, died July 29 while conducting combat 
operations in Al Anbar province, Iraq. He was assigned to 3rd Light 
Armored Reconnaissance Battalion, 1st Marine Division, I Marine 
Expeditionary Force, Twentynine Palms, CA.
  Sgt Christian B. Williams, 27, died July 29 while conducting combat 
operations in Al Anbar province, Iraq. He was assigned to 3rd Light 
Armored Reconnaissance Battalion, 1st Marine Division, I Marine 
Expeditionary Force, Twentynine Palms, CA.

[[Page 22189]]

  LCpl Anthony E. Butterfield, 19, died July 29 while conducting combat 
operations in Al Anbar province, Iraq. He was assigned to 3rd Light 
Armored Reconnaissance Battalion, 1st Marine Division, I Marine 
Expeditionary Force, Twentynine Palms, CA. He was from Clovis, CA.
  PFC Jason Hanson, 21, died July 29 while conducting combat operations 
in Al Anbar province, Iraq. He was assigned to 3rd Light Armored 
Reconnaissance Battalion, 1st Marine Division, I Marine Expeditionary 
Force, Twentynine Palms, CA.
  LCpl Kurt E. Dechen, 24, died August 3 from wounds received while 
conducting combat operations in Al Anbar province, Iraq. He was 
assigned to 1st Battalion, 25th Marine Regiment, 4th Marine Division, 
while attached to Regimental Combat Team 5, I Marine Expeditionary 
Force, Camp Pendleton, CA.
  Petty Officer 2nd Class Marc A. Lee, 28, was killed on August 2 
during combat operations while on patrol in Ramadi, Iraq. Lee was an 
aviation ordnanceman and a member of a SEAL team based in the San Diego 
area.
  LCpl Jeremy Z. Long, 18, died August 10 while conducting combat 
operations in Al Anbar province, Iraq. He was assigned to 1st 
Battalion, 7th Marine Regiment, 1st Marine Division, I Marine 
Expeditionary Force, Twentynine Palms, CA.
  SGT Jeffrey S. Brown, 25, died on August 10 in Rutbah, Iraq, of 
injuries sustained on August 8, when his helicopter crashed. He was 
assigned to the 82nd Medical Company, Fort Riley, KS. He was from 
Trinity Center, CA.
  Hospitalman Chadwick T. Kenyon, 20, died on August 20 from wounds 
sustained when his Light Armored Vehicle struck an improvised explosive 
device while on combat patrol in Rawah, Iraq. He was assigned to the 
3rd Light Armored Reconnaissance Battalion, 1st Marine Division, 1st 
Marine Expeditionary Force, Twentynine Palms, CA.
  LCpl Randy L. Newman, 21, died August 20 while conducting combat 
operations in Al Anbar province, Iraq. He was assigned to 3rd Light 
Armored Reconnaissance Battalion, 1st Marine Division, I Marine 
Expeditionary Force, Twentynine Palms, CA.
  Cpl Adam A. Galvez, 21, died August 20 while conducting combat 
operations in Al Anbar province, Iraq. He was assigned to 3rd Light 
Armored Reconnaissance Battalion, 1st Marine Division, I Marine 
Expeditionary Force, Twentynine Palms, CA.
  Chief Petty Officer Paul J. Darga, 34, died August 22 when his 
Explosive Ordnance Disposal Team was struck by an improvised explosive 
device while responding to a previous strike in the Al Anbar province, 
Iraq. Darga was assigned to Explosive Ordnance Disposal Mobile Unit 
Two, serving with the 1st Marine Logistics Group, Camp Pendleton, CA.
  SGT David J. Almazan, 27, died on August 27 in Hit, Iraq, of injuries 
suffered when an improvised explosive device detonated near his vehicle 
during combat operations. Almazan was assigned to the 1st Battalion, 
36th Infantry Regiment, 1st Brigade Combat Team, 1st Armored Division, 
Friedberg, Germany. He was from Van Nuys, CA.
  LCpl Shane P. Harris, 23, died on September 3 while conducting combat 
operations in Al Anbar province, Iraq. He was assigned to 3rd Light 
Armored Reconnaissance Battalion, 1st Marine Division, I Marine 
Expeditionary Force, Twentynine Palms, CA.
  Hospital Corpsman 2nd Class Christopher G. Walsh, 30, died on 
September 4 from wounds sustained when his vehicle struck an improvised 
explosive device while on combat patrol in Al Anbar, Iraq. His Navy 
Reserve Unit was attached to the I Marine Division in Camp Pendleton, 
CA.
  PFC Hannah L. Gunterman, 20, died on September 4 in Taji, Iraq, of 
injuries sustained when she was struck by a vehicle. She was assigned 
to the 542nd Maintenance Company, 44th Corps Support Battalion, 593rd 
Corps Support Group, Fort Lewis, WA. She was from Redlands, CA.
  SGT Luis A. Montes, 22, died on September 7 in Brooke Army Medical 
Center, San Antonio, TX, of injuries suffered on September 1 in Abu 
Ghraib, Iraq, when an improvised explosive device detonated near his 
vehicle during combat operations. He was assigned to the 1st Battalion, 
22nd Infantry Regiment, 1st Brigade Combat Team, 4th Infantry Division, 
Fort Hood, TX. He was from El Centro, CA.
  Cpl Johnathan L. Benson, 21, died September 9 from wounds suffered on 
June 17 while conducting combat operations in Al Anbar province, Iraq. 
He was assigned to 3rd Battalion, 5th Marine Regiment, 1st Marine 
Division, I Marine Expeditionary Force, Camp Pendleton, CA.
  SPC Harley D. Andrews, 22, died on September 11 in Ar Ramadi, Iraq, 
of injuries suffered when an improvised explosive device detonated near 
his vehicle during combat operations. He was assigned to the 54th 
Engineer Battalion, 130th Engineer Brigade, Warner Barracks, Bamberg, 
Germany. He was from Weimar, CA.
  CPL Cesar A. Granados, 21, died on September 15 of injuries sustained 
in Baghdad, Iraq, when an improvised explosive device detonated near 
his vehicle during combat operations. He was assigned to the 2nd 
Battalion, 8th Infantry Regiment, 3rd Brigade, 4th Infantry Division, 
Fort Hood, TX. He was from Le Grand, CA.
  Petty Officer 2nd Class Michael A. Monsoor, 25, died September 29 
while conducting combat operations against enemy forces in Ramadi, 
Iraq. He was a SEAL assigned to a San Diego-based command. He was from 
Garden Grove, CA.
  SGT Joseph W. Perry, 23, died on October 2, in Muhallah, Iraq, when 
his mounted patrol came in contact with enemy forces using small arms 
fire during combat operations. He was assigned to the 21st Military 
Police Company, 16th Military Police Brigade, XVIIIth Airborne Corps, 
Fort Bragg, NC. He was from Alpine, CA.
  SSG Daniel Isshak, 25, died on October 3 in Tikrit, Iraq, from 
injuries suffered when his vehicle received enemy small arms fire at 
Hawija, Iraq, during combat operations. He was assigned to the 2nd 
Battalion, 27th Infantry, 3rd Brigade, 25th Infantry Division, 
Schofield Barracks, HI. He was from Alta Loma, CA.
  CPL Luis E. Tejeda, 20, died on September 30 in Hit, Iraq, of 
injuries sustained when his military vehicle encountered an improvised 
explosive device. He was assigned to A Company, 1st Battalion, 36th 
Infantry Regiment, 1st Armored Division, Friedberg, Germany. He was 
from Huntington Park, CA.
  PFC Kenny F. Stanton, Jr., 20, died on October 13 in Baghdad, Iraq, 
when his military vehicle encountered an improvised explosive device. 
He was assigned to the 57th Military Police Company, 728th Military 
Police Battalion, Yong San, Korea. He was from Hemet, CA.
  Sgt Jonathan J. Simpson, 25, died October 14 while conducting combat 
operations against enemy forces in Al Anbar province, Iraq. He was 
assigned to 1st Reconnaissance Battalion, 1st Marine Division, Camp 
Pendleton, CA.
  PFC Keith J. Moore, 28, died October 14 in Baghdad, Iraq, of a 
noncombat-related injury. He was assigned to the 2nd Battalion, 14th 
Infantry Regiment, 2nd Brigade Combat Team, 10th Mountain Division, 
Fort Drum, NY. He was from San Francisco, CA.
  CPT Mark C. Paine, 32, died October 15 in Taji, Iraq, from injuries 
suffered when an improvised explosive device detonated near his 
vehicle. He was assigned to the 1st Battalion, 66th Armor Regiment, 1st 
Brigade, 4th Infantry Division, Fort Hood, TX. He was from Rancho 
Cucamonga, CA.
  SGT Lester D. Baroncini, Jr., 33, died on October 15 in Samarra, 
Iraq, when his military vehicle encountered multiple landmines. He was 
assigned to A Company, 2nd Battalion, 505th Parachute Infantry 
Regiment, 82nd Airborne Division, Fort Bragg, NC. He was from 
Bakersfield, CA.
  SPC Jose R. Perez, 21, died October 18 in Ar Ramadi, Iraq, from 
injuries suffered from enemy small arms fire. He was assigned to the 
1st Battalion, 6th Infantry Regiment, 2nd Brigade Combat Team, 1st 
Armored Division, Baumholder, Germany. He was from Ontario, CA.
  SGT Norman R. Taylor III, 21, died on October 17 in Baqubah, Iraq, 
when his military vehicle encountered an

[[Page 22190]]

improvised explosive device. He was assigned to Headquarters and 
Headquarters Company, 1st Battalion, 68th Armor Regiment, 4th Infantry 
Division, Fort Carson, CO. He was from Blythe, CA.
  SPC Matthew W. Creed, 23, died on October 22 in Baghdad, Iraq, of 
injuries sustained from small arms fire. He was assigned to 
Headquarters and Headquarters Company, 1st Battalion, 22nd Infantry 
Regiment, 4th Infantry Division, Fort Hood, TX. He was from Covina, CA.
  Hospital Corpsman Charles O. Sare, 23, died October 23 from enemy 
action while conducting combat operations in the Al Anbar Province, 
Iraq. He was assigned to Naval Ambulatory Care Center, Port Hueneme, 
CA. He was from Hemet, CA.
  PFC Jason Franco, 18, died October 31 from a nonhostile incident in 
Al Anbar province, Iraq. He was assigned to Marine Aviation Logistics 
Squadron 11, Marine Aircraft Group 11, 3rd Marine Aircraft Wing, 
Miramar, CA. He was from Corona, CA.
  PVT Michael P. Bridges, 23, died November 2 in Taji, Iraq, from a 
noncombat-related incident. He was assigned to the 1st Battalion, 66th 
Armor Regiment, 1st Brigade, 4th Infantry Division, Fort Hood, TX. He 
was from Placentia, CA.
  SSG Joseph A. Gage, 28, died November 2 in Baghdad, Iraq, of injuries 
suffered when an IED detonated near his vehicle. He was assigned to the 
1st Battalion, 506th Infantry Regiment, 4th Brigade Combat Team, 101st 
Airborne Division, Fort Campbell, KY. He was from Modesto, CA.
  Cpl Jose A. Galvan, 22, died November 5 while conducting combat 
operations in Al Anbar province, Iraq. He was assigned to the 1st 
Combat Engineer Battalion, 1st Marine Division, I Marine Expeditionary 
Force, Camp Pendleton, CA.
  Cpl Kyle W. Powell, 21, died November 4, from wounds suffered while 
conducting combat operations in Al Anbar province, Iraq. He was 
assigned to the 1st Combat Engineer Battalion, 1st Marine Division, I 
Marine Expeditionary Force, Camp Pendleton, CA.
  SSG Richwell A. Doria, 25, died on November 7 in Kirkuk, Iraq, after 
being struck by small arms fire during an air assault mission. He was 
assigned to the 2nd Battalion, 35th Infantry Regiment, 3rd Brigade, 
25th Infantry Regiment, Schofield Barracks, HI. He was from San Diego, 
CA.
  SFC Rudy A. Salcido, 31, died on November 9 in Baghdad, Iraq, after 
an improvised explosive device detonated near his convoy vehicle. 
Salcido was assigned to the Army National Guard's 1114th Transportation 
Company, Bakersfield, CA. He was from Ontario, CA.
  SGT Angel De Lucio Ramirez, 22, died on November 11 in Ar Ramadi, 
Iraq, when his military vehicle encountered an improvised explosive 
device. He was assigned to the 16th Engineer Battalion, 1st Brigade, 
1st Armored Division, Giessen, Germany. He was from Pacoima, CA.
  LCpl Timothy W. Brown, 21, died November 14 while conducting combat 
operations in Al Anbar province, Iraq. He was assigned to the 2nd 
Battalion, 3rd Marine Regiment, 3rd Marine Division, III Marine 
Expeditionary Force, Kaneohe Bay, HI. He was from Sacramento, CA.
  PFC Jang H. Kim, 20, died on November 13 when his military vehicle 
encountered an improvised explosive device. He was assigned to 
Headquarters and Headquarters Company, 1st Battalion, 26th Infantry 
Regiment, 1st Infantry Division, Schweinfurt, Germany. He was from 
Placentia, CA.
  LCpl Mario D. Gonzalez, 21, died November 14 while conducting combat 
operations in Al Anbar province, Iraq. He was assigned to 2nd 
Battalion, 3rd Marine Regiment, 3rd Marine Division, III Marine 
Expeditionary Force, Kaneohe Bay, HI. He was from La Puente, CA.
  I would also like to pay tribute to the four soldiers from or based 
in California who have died while serving our country in Operation 
Enduring Freedom since July 18.
  SPC Andrew Velez, 22, died on July 25 in Sharona, Afghanistan, of a 
noncombat-related injury. He was assigned to the 699th Maintenance 
Company, Corps Support Battalion, Theater Support Command, Fort Irwin, 
CA.
  SFC Merideth L. Howard, 52, died in Kabul, Afghanistan, on September 
8, when a vehicle-borne improvised explosive device detonated near her 
vehicle. She was assigned to the Army Reserve's 405th Civil Affairs 
Battalion, Fort Bragg, NC. She was from Alameda, CA.
  SPC Fernando D. Robinson, 21, died on October 2 in Korengal, 
Afghanistan, from injuries sustained when his patrol came under attack 
by enemy forces using small arms fire and rocket propelled grenades. He 
was assigned to the 1st Battalion, 32nd Infantry Regiment, 3rd Brigade 
Combat Team, 10th Mountain Division, Light Infantry, Fort Drum, NY. He 
was from Hawthorne, CA.
  PFC Alex Oceguera, 19, died on October 31 in Wygal Valley, 
Afghanistan, of injuries suffered when an IED detonated near his 
vehicle. He was assigned to the 1st Battalion, 32nd Infantry Regiment, 
3rd Brigade Combat Team, 10th Mountain Division, Fort Drum, NY. He was 
from San Bernardino, CA.

                          ____________________




                           INTERNET GAMBLING

  Mr. KYL. Mr. President, I would like to address the recent enactment 
of the Unlawful Internet Gambling and Enforcement Act of 2006. Due to 
procedural considerations at the end of the regular session, this law 
was enacted as title VIII of H.R. 4954, a bill focused on port 
security. But I want the record to show that I have been working to 
pass this law for more than 10 years, with the support of many 
colleagues. Indeed, the Senators serving as conferees for the port 
security bill accepted including the Internet gambling title, as did 
the leadership on both sides of the aisle. And this July, the House of 
Representatives voted 317-93 in favor of a bill containing not only 
identical enforcement measures to those that were recently enacted, but 
also including the more controversial Wire Act amendments.
  Over the last five Congresses, a stand-alone Internet gambling bill 
has been passed by at least one Chamber of Congress, every time by 
overwhelming bipartisan votes. The last time an Internet gambling bill 
came before the whole Senate, it was passed by unanimous consent. 
Unfortunately, the Jack Abramoff scandal corrupted the process for that 
bill in the House of Representatives. Since then, the full Senate has 
not had the opportunity to vote on more recent legislation repeatedly 
passed by more than three-quarters of the House. So I greatly 
appreciate the assistance of the majority leader and the conferees in 
finally getting this long-overdue law to the President's desk.
  The National Association of Attorneys General--NAAG--first approached 
me in 1995 about the problem of Internet gambling. The State attorneys 
general were concerned about the evasion and erosion of State laws by 
gambling websites operating beyond the reach of State law enforcement. 
I heeded NAAG's request and introduced the first Internet gambling bill 
late that year to increase Federal enforcement of gambling laws.
  Over the next 10 years, Senate and House Committees repeatedly held 
hearings and markups. We listened to the experts about what types of 
enforcement would be effective or impractical, and revised the 
legislation in response. In 1999, the congressionally commissioned 
National Gambling Impact Study Commission Report recommended that law 
enforcement target the payment systems to combat illegal offshore 
gambling, so that is the approach we adopted.
  I have worked closely with Representative Jim Leach, former chair of 
the House Financial Services Committee, a very capable and thoughtful 
colleague who will be greatly missed in future Congresses. 
Representative Mike Oxley, who succeeded Mr. Leach as Financial 
Services chairman a few years ago, Representative Jim Sensenbrenner, 
chairman of the House Committee on the Judiciary, and Representative 
Bob Goodlatte, who sponsored the bill scuttled by Jack

[[Page 22191]]

Abramoff, have all helped shape Internet gambling legislation over the 
last several years.
  Why has Congress been so supportive of Internet gambling legislation 
for so long? Because offshore operators have been flouting American 
laws for personal gain. They have been giving Americans the false 
impression that these activities are legal. They have been profiteering 
from this. The Federal Government has long given States the right to 
prohibit or limit gambling activities for the protection of the public, 
but offshore Web sites have been ignoring and circumventing the State 
laws. State law enforcement officials and Congress refused to stand 
idly by as our laws were evaded and eroded.
  How could an illegal activity become so pervasive? Knowing that their 
businesses are illegal in the United States and many other countries, 
Internet-gambling businesses have set up shop in countries with very 
few gambling regulations, such as Antigua and Costa Rica. These small 
countries benefit from the billions of dollars of profit generated by 
their local gambling operators. So when the United States tries to 
prosecute a criminal violation of its gambling laws, these countries 
are not interested in extraditing their wealthiest residents. The 
United States is thwarted in its efforts to enforce its criminal laws 
against offshore gambling businesses.
  Some say that, instead of trying to enforce the law, we should 
legalize and regulate online gambling. Why does this approach have so 
little support in Congress? Because Internet gambling is a scourge to 
society, leading to addiction and bankruptcy, and enticing young people 
into a gambling lifestyle.
  Internet gambling is highly addictive. Online gambling is available 
24/7 from almost any location. Fast and continuous play, often financed 
by credit, allows online gamblers to rapidly lose tens of thousands of 
dollars, leading to bankruptcy, family devastation, and criminal 
activity. It is easy to conceal the addiction because an online gambler 
does not need to leave home or the office to gamble, and shows no 
physical signs of addictive behavior like an alcohol or drug addict 
does.
  Various recent studies show that Internet gamblers are two to three 
times more likely to become addicted than brick-and-mortar gamblers. 
One study of students at the University of Connecticut found that 74 
percent of Internet gamblers were problem or pathological gamblers. The 
Annenberg Public Policy Center's 2005 National Annenberg Risk Survey of 
Youth--NARSY--surveyed 900 young people between 14 and 22 and found 
that 54 percent of youth who gamble online at least once a week are 
problem gamblers, and that card players exhibit the most symptoms of 
gambling addiction.
  Internet gambling entices young people into a gambling lifestyle. 
Young people who are accustomed to playing video games for hours on end 
are particularly likely to be enticed by the games and to lack a 
realistic perception of the consequences of gambling for money. 
Conversely, traditional casinos appeal to mature adults: according to a 
recent survey by the American Gaming Association, 75 percent of casino 
customers are over 40 years old. Internet gambling appeals to the 
opposite demographic: at least 70 percent of Internet gamblers are 
under 40 according to the AGA, and they did not even count the millions 
of online gamblers who are under 21. Also, Internet gambling appears to 
be a gateway drug. According to that same survey, Internet gamblers are 
twice as likely to engage in traditional gambling than the general 
population. So the rise of online gambling is fertilizing the soil for 
an explosion of gambling addictions in this country.
  The United Kingdom is in the midst of an effort to legalize and 
regulate online gambling, including efforts to prevent youth and 
problem gambling. This effort is not going well. A report commissioned 
by the British Government was issued a few weeks ago. The report admits 
that most gambling operators choose jurisdictions where there is very 
little regulation on their activities. This creates a race to the 
bottom, where gambling operators in a few countries can offer services 
that flout the laws of almost every other jurisdiction.
  The new law confronts the problem of online gambling in three ways. 
First, it transforms violations of State gambling laws into a Federal 
crime as soon as the gambling operator receives money for the 
transaction. Second, it authorizes Federal and State attorneys general 
to enjoin persons who enable violations of the law, such as a person 
running advertisements for illegal Web sites. Third, it requires 
payment systems to block payments for illegal online gambling.
  The new Federal criminal law is already having a positive effect. The 
publicly traded online gambling companies, who have to answer to 
financial institutions and other investors, have quickly withdrawn from 
the U.S. market.
  Some Web sites continue to deceive the American public about the 
legality of online gambling, State and Federal law enforcement are now 
empowered to enjoin advertising for these illegal websites, and any 
other support services within their reach. Payment blocking is 
necessary to reduce Internet gambling and make it clear to the American 
public that this activity is illegal.
  The payment blocking requirements will not become effective until the 
Treasury Department and the Federal Reserve issue regulations. The 
statutory deadline for these regulations is August 10, 2007. I urge the 
Treasury Department and the Federal Reserve to issue these regulations 
on time, and to make them strong.
  Most online gambling websites use third-party offshore payment 
systems to receive money from U.S. customers, because many U.S. 
financial institutions have already been blocking payments to these Web 
sites for years. When a U.S. credit card or bank sends money to one of 
these services, the U.S. financial institution does not know how the 
money will be used. On the other hand, the third-party payers know the 
money in their accounts is being used for online gambling by U.S. 
customers. Therefore, these third-party payers are knowingly aiding and 
abetting a criminal act when they send funds from U.S. customer 
accounts to online gambling companies.
  Firepay has appropriately chosen to stop making these illegal 
payments for American customers, even though it operates out of 
Ireland. The regulations need to make sure that law-abiding companies 
such as Firepay are protected, while third-party payers who knowingly 
aid and abet criminal activity are effectively sanctioned.
  I would also note that this law empowers payment systems to make 
strong efforts to stop the use of their systems for online gambling. To 
that end, section 5364(d) of the new law protects entities from civil 
liability for blocking restricted transactions, or if they mistakenly 
block, prevent, or prohibit legal transactions when attempting, in good 
faith, to comply with the law. At the same time, section 5364(b)(4) 
clarifies that the government will attempt to draft the regulations to 
catch as few legal transactions as possible.
  The key is implementing the most effective and efficient enforcement 
measures that are reasonably possible. We have not sat idly by while 
unscrupulous operators profiteer from evading our laws and perpetrating 
fraud on the public. We have worked long and hard to defend the letter 
and the purpose of State and Federal gambling laws, and now we ask the 
executive branch to help us finish the job. Strong regulations for 
payment systems will cut off most fund transfers to offshore online 
gambling operators and destroy U.S. markets. By drastically reducing 
the availability of Internet gambling in the U.S., we will reduce new 
addictions and violations of the law.
  This is why, this year, 49 State attorneys general, as well as the 
National District Attorneys Association, Federal Criminal 
Investigators, and Fraternal Order of Police wrote in support of this 
law. These law enforcement groups were not alone. They were joined by 
extraordinarily diverse

[[Page 22192]]

groups that are concerned about the effect that online gambling has on 
society and the rule of law.
  First, sports organizations are concerned about preserving the 
integrity of athletic competitions, and want to protect them from 
perceptions of corruption or a culture of gambling. This is why the 
National Football League, National Collegiate Athletic Association, 
Major League Baseball, National Basketball Association, and National 
Hockey League all actively supported the law.
  Second, financial institutions are concerned about Internet 
gambling's association with money laundering, uncollectible consumer 
debt, and use of their systems for criminal activity. This is why the 
American Bankers Association, America's Community Bankers, and 
Securities Industry of America, joined by individual companies such as 
American Express, Citigroup, and PayPal, wrote in support of the law.
  Third, religious groups and family welfare groups are concerned about 
the devastating effects that gambling addiction can have on families. 
This is why this law was supported by a broad range of civic 
organizations, from mainline churches such as the United Methodist 
Church and the National Council of Churches, to coalitions such as the 
National Coalition Against Gambling Expansion, to conservative family 
groups such as the Family Research Council and Concerned Women for 
America.
  This is why I am proud that this legislation was finally enacted. As 
all these diverse groups recognized, online gambling is a threat to 
civic society for many reasons. Failing to enforce laws that are meant 
to diminish this threat undermines the rule of law itself. But today we 
stand ready to reclaim the power to enforce the law, and I ask for the 
help of the Treasury Department and other executive agencies to secure 
this victory.

                          ____________________




               WORLD WAR II VETERANS OF FRANKFORT, KANSAS

  Mr. ROBERTS. Mr. President, I rise today to recognize the valor and 
great sacrifice of the citizens in Frankfort, KS. Frankfort is a small 
town in northeast Kansas. It is a thriving rural community of 
approximately 855 people. In the early 1940s, just as today, Frankfort 
was teeming with good Americans, Americans who answered the call of 
duty and fought so that their fellow Americans could live in freedom.
  But that alone is not what makes Frankfort notable. Brave men and 
women from small towns, big cities, and everywhere in America have 
served our Nation in the Armed Forces. Many have made the ultimate 
sacrifice.
  What makes this town, then home to approximately 1,800 people, 
notable is the solemn fact that 32 brave men from Frankfort and the 
surrounding farmland gave their lives in World War II. Based on records 
from local county newspapers of that time, it is concluded that the 
Frankfort community lost more men in World War II than any other town 
of similar size. This fact imparts both a deep sense of pride for the 
bravery and commitment of these young Kansans and also sadness for the 
great loss of life that is inherent in times of war.
  During my years in public service, I have experienced many 
opportunities to meet some amazing people and hear the incredible 
stories that truly define America. This is exactly how I have come to 
learn of this incredible contribution to our Nation's security. Frank 
Benteman, a World War II Army veteran, shared this story. Mr. Benteman, 
now 80 years old, is from Frankfort and was part of this ``greatest 
generation'' who served. It was Mr. Benteman who continues to honor 
those who went before by remembering their sacrifice and honoring their 
memory. I am pleased to work along with Frank Benteman to honor the 
heroes of Frankfort, KS, by entering their names into the Congressional 
Record in recognition of their ultimate sacrifice to a grateful nation.
  The brave men from Frankfort, KS, who gave their lives in the great 
Second World War include Willard A. Backman, Fred Bentsen, Lloyd C. 
Blackney, Leland Cook, Melvin Cope, Elmer Crumpton, Kenneth DeWalt, 
Robert Emmingham, Victor Feldhausen, Peter Fiegener, William R. Gibson, 
Don Hockensmith, Jr., Dale C. Hooper, Milan E. Jester, Koester 
Johnston, Donald E. King, Vern F. Long, Weldon Maneval, Matt McKeon, 
Carl O. Nord, Aloysius Noud, Howard Olson, Paul A. Paden, Charles Poff, 
Charles L. Punteney, Theodore Rhodes, David L. Shyne, James Stoffel, 
Clifford Watson, Robert B. Welsh, Charles F. Zinn, and Munro Zoellner.
  Semper fi.

                          ____________________




                 THE SATELLITE CONSUMER PROTECTION ACT

  Mr. ENSIGN. Mr. President, I would like to note that while I am 
cosponsoring S. 4067, there are some outstanding issues that I believe 
need to be addressed before we proceed with this legislation. It is 
critical to my rural consumers that they continue to have access to 
distant network signals that they have come to enjoy and depend on, and 
through no fault of their own now face losing on December 1st, 2006. I 
want to ensure that all of my constituents are protected. Accordingly, 
I look forward to working with the bill sponsors to improve the 
language when the Senate reconvenes in December. In Nevada we have over 
5,000 consumers that will be shut off if action is not taken to restore 
these signals.

                          ____________________




                         MARINE CORPS BIRTHDAY

  Mr. WARNER. Mr. President, I want to take a moment to commemorate an 
important event that took place on Veterans Day weekend. On November 
10, the Marine Corps Birthday, I was privileged to give the annual 
address at the revered Iwo Jima Memorial, and then to attend the 
dedication of the National Museum of the Marine Corps in Quantico, VA.
  This marvelous dedication featured remarks from President Bush, 
President of the Marine Corps Heritage Foundation General (Ret.) Ron 
Christmas and the distinguished news anchor and former marine, Jim 
Lehrer. They were joined by thousands of fellow marines--past and 
present--including Chairman of the Joint Chiefs, GEN Pete Pace, 
Commandant of the Marine Corps Michael Hagee and former Senators John 
Glenn and Chuck Robb.
  Especially moving was President Bush conferring our Nation's highest 
military decoration, the Medal of Honor, posthumously, on Cpl Jason 
Dunham, who was tragically killed outside the Iraqi town of Karabilah 
in 2004.
  For all who worked tirelessly to construct this wonderful museum that 
highlights the Marine Corps experience, that dedication ceremony became 
a tribute of a lifetime for all marines.
  On this week of Veterans' Day, and the Marine Corps Birthday, we 
remind ourselves that we are here solely because of the sacrifices of 
men and women who for 231 years now have worn our Nation's uniform to 
preserve our freedoms against outside enemies.
  Like the ``Devil Dogs'' of Belleau Wood, today's generation of 
Leathernecks--from the Commandant to the newest recruit at Parris 
Island--have answered one of the highest callings: serving as a marine 
for the greatest Nation on Earth.
  As President Reagan famously observed, ``some people spend an entire 
lifetime wondering if they have made a difference. Marines don't have 
that problem.''
  My good friend of many years, Jim Lehrer, gave a particularly 
inspired speech at the museum dedication that captured the fundamental 
nature of what it means to be a marine, and how that experience shaped 
him, as it did all of us, in our lives.
  I ask unanimous consent that his inspiring speech be printed in the 
Record as a tribute to all marines, former or current, around the 
world.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

[[Page 22193]]



                           Tribute To Marines

                            (By Jim Lehrer)

       Mr. President, generals, colonels, majors, captains, 
     lieutenants, warrant officers, sergeants, corporals, 
     privates, ladies and gentlemen.
       We are the Marines. And in this museum, our story is told. 
     It is a single, monumental story, made up of 231 years of 
     many separate stories of heroism and courage, of dedication 
     and sacrifice, of service to our country and to our corps, of 
     honor and loyalty to each other in war and in peace; 231 
     years of professionalism and pride, of squared corners and 
     squared-away lockers, perfect salutes and good haircuts, 
     well-shined shoes, and eyes right, 231 years of Semper Fis 
     and DIs.
       First time I came to Quantico was 51 years ago. I came as 
     an officer candidate, a PLC on the train from Washington, 
     having just traveled from Texas on the first airplane ride of 
     my life. On the orders of a drill instructor, a DI, I fell in 
     at attention with 40 other candidates on the platform at the 
     train station over at Quantico.
       And the DI told us to answer up, ``Here, sir!'' when our 
     name was called. And he got to mine, and he said, ``Le-here-
     er-er.'' And, like some kind of idiot, I blurted out, ``It's 
     pronounced Lehrer, sir!''
       There was silence, absolute silence. And then I heard the 
     terrifying click, click, click of leather heels on the deck 
     of that train station platform coming in my direction. And 
     suddenly there he was, the DI, right in front of me, his face 
     right up in mine. And I paraphrase and cleanse it up a bit, 
     but he said, ``Candidate, if I say your name is Little Bo 
     Peep, your name is Little Bo Peep!''
       ``Do you hear me?'' Oh, I heard him all right. And I think 
     it was at that very moment that I really became a United 
     States Marine.
       I'm still one today, and I will remain one forever, as did 
     my late father, and as is my older and only brother.
       I came from a family of Marines into the family of Marines. 
     My father served in the 1920s under the great Smedley Butler 
     right here at Quantico. He saw combat in Haiti and came out a 
     corporal. My brother and I were both 1950s Cold War Marines 
     in the Third Marine Division in the Far East.
       Since our corps was founded on this day in 1775, there have 
     been more than 4 million men and women who have worn the 
     uniform of a United States Marine. This museum is about all 
     of them, including us three ``Le-here-er-ers,'' and even the 
     Little Bo Peeps. That's because this museum is about what it 
     means to be a Marine, no matter the time, the length, place, 
     rank, or nature of the service.
       It's about the shared experience and the shared knowledge 
     that comes from being a U.S. Marine, such as knowing that you 
     are only as strong and as safe as the person on your right 
     and on your left; that a well-trained and motivated human 
     being can accomplish almost anything; that being pushed to do 
     your very best is a godsend; that an order is an order, a 
     duty is a duty, that responsibility goes down the chain of 
     command, as well as up, as do loyalty and respect; that 
     leadership can be taught, so can bearing, discipline and 
     honor; that ``follow me'' really does mean ``follow me''; and 
     that that Semper Fidelis really does mean ``always 
     faithful''; and that the Marines hymn is so much more than 
     just a song.
       My Marine experience helped shape who I am now personally 
     and professionally, and I am grateful for that on an almost 
     daily basis. And I often find myself wishing everyone had a 
     similar opportunity, to learn about shared dependence, 
     loyalty, responsibility to and for others, about mutual 
     respect and honor, and about the power of appealing to the 
     best that's in us as human beings, not the worst.
       As a journalist, there has been one overriding effect of my 
     Marine experience: While debates over sending Americans into 
     harm's way are always about issues of foreign policy, 
     geopolitics and sometimes even politics-politics, for me, 
     they are also always about young lance corporals and second 
     lieutenants and other very real people in all branches of the 
     U.S. military, people with names, ranks, serial numbers, 
     faces, families, and futures that may never be.
       When Marines stand for or sing the Marines' hymn, as we 
     will at the conclusion of this ceremony, it's never for 
     ourselves personally. It's always for the Marines who went 
     before us, with us, and after us, first and foremost for 
     those who gave their lives, their health, their everything at 
     places such as Tripoli, Belleau Wood, Haiti, Wake Island, 
     Guadalcanal, Peleliu, Iwo Jima, Chosin, Inchon, Danang, Khe 
     Sahn, Beirut, and Baghdad, Fallujah and Ramadi.
       The death rate among Marines in Iraq has been more than 
     double that of the other services. That's a first-to-fight, 
     first-wave pattern that has pretty much held since the 
     Revolutionary War, when 49 of the very first U.S. Marines of 
     our country died in combat. Their mission was aboard ship; 
     there are still Marines who serve at sea.
       There are others who fly and maintain jets and helicopters, 
     man the artillery, operate tanks and trucks, feed and supply 
     the troops, compute and collate, train and inspect, march and 
     make music, recruit, guard and escort, radio and communicate, 
     patrol and snipe, as well as save tsunami, earthquake and 
     other disaster victims around the world, collect toys at 
     Christmastime for American kids in need, stage a marathon run 
     through Washington, D.C., for charity, or do whatever else 
     needs to be done, particularly if the need is for it to be 
     done well and be done immediately.
       We are the Marines. And in the language of the rifle range, 
     we are always ready on the right, ready on the left, all 
     ready on the firing line, whatever kind of firing is 
     required, and wherever that line may be.

                          ____________________




                     CELEBRATING THE 99TH INFANTRY

  Mr. WARNER. Mr. President, this past August, the surviving members of 
the 99th Infantry Division met together in Fort Mitchell, KY. Of this 
division, only a few remain. But the survivors and their widows 
gathered in August to complete the final chapter of the story of this 
exceptional group of Americans.
  The Battle of the Bulge is well known to most Americans, but the 
efforts and triumphs of the 99th Infantry are less well recognized. 
These men played a crucial role in the eventual Allied victory, though 
few knew it at the time. This battle is best described by Professor 
Stephen Ambrose, the preeminent World War II historian who provides a 
snapshot of their efforts in an article in the Military History 
Quarterly. Ambrose describes the scene along Elsenborn Ridge:

       To the north, between Monschau and Losheim, the U.S. 99th 
     Infantry Division, newly arrived in Europe, and the 2nd 
     Infantry Division . . . did not simply delay the German 
     advance but stopped it along the critical point of the whole 
     battle, Elsenborn Ridge. The low ridge . . . was the main 
     objective of Sepp Dietrich's 6th Panzer Army. Elsenborn Ridge 
     was the Little Round Top of the battle. The German General 
     Dietrich drove his units mercilessly, but he could not take 
     it due to the steadfastness of the American resolve and the 
     sheer courage of these brave men facing the ultimate test in 
     brutal conditions.

  Ambrose adds,

       ``In the vast literature of the Battle of the Bulge, 
     Elsenborn Ridge always yields pride of place to the far more 
     famous action . . . at Bastogne. Everyone knows about the 
     101st Airborne at Bastogne; almost no one knows even the 
     names of the 99th and 2nd Infantries. Yet it was along 
     Elsenborn Ridge . . . that these two ordinary infantry 
     divisions, largely out of touch with their commands, 
     outnumbered 5 to 1 and worse, outgunned and surprised, 
     managed to stop the Germans in their main line of advance. 
     The Germans never did take the Ridge.

  Their heroic stand at Elsenborn Ridge helped turn the tide at the 
Battle of the Bulge, where we suffered some 80,000 casualties. Although 
many of the 99th have passed on, their tradition remains strong, 
especially among their descendents.
  Mr. George Pedersen, a distinguished Virginia businessman, is the 
nephew of 99th Infantry soldier, SGT Arnie Goa. Like most of his fellow 
soldiers of this little known but critically important action, Sergeant 
Goa has passed into history, but his legacy lives on, and George 
Pedersen thought it important to commemorate his uncle and the soldiers 
of the 99th, so he volunteered to underwrite the reunion, paving the 
way for the remaining soldiers and their families to meet, exchange 
stories, and complete that final chapter of distinguished service to 
their Nation.
  Many of these fine men may have passed, but in a very real sense, 
Sergeant Goa's spirit, and the spirit of his fellow soldiers, lives on 
in the lives and sacrifices of our young men and women in uniform who 
serve our country today. I know that these veterans of that long ago 
battle would all be immensely proud of those who now follow in their 
footsteps. I commend these veterans and their families for their great 
contribution to each of us, and I commend Mr. Pedersen for his 
contribution to their memories.

                          ____________________




               SUBMITTAL OF INTELLIGENCE COMMITTEE REPORT

  Mr. ROBERTS. Mr. President, I ask unanimous consent to have printed 
in the Record a letter dated November 16, 2006.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

[[Page 22194]]

                                                      U.S. Senate,


                             Select Committee on Intelligence,

                                Washington, DC, November 16, 2006.
       Dear Mr. President: As chairman and vice chairman of the 
     Select Committee on Intelligence, we submit to the Senate the 
     report of the Senate Select Committee on Intelligence 
     regarding its activities during the 108th Congress from 
     January 7, 2003, to December 8, 2004. The committee is 
     charged by the Senate with the responsibility of carrying out 
     oversight of the intelligence activities of the United 
     States. While much of the work of the committee is of 
     necessity conducted in secrecy, the committee believes that 
     the intelligence community and this committee should be as 
     accountable as possible to the public. This unclassified, 
     public report to the Senate is intended to contribute to that 
     objective.
           Sincerely,
     Pat Roberts,
       Chairman,
     John D. Rockefeller IV,
       Vice Chairman.

                          ____________________




                         NATIONAL ADOPTION DAY

  Mrs. LINCOLN. Mr. President, today I rise to commemorate National 
Adoption Day.
  As a mother, I understand the joy and the meaning that raising a 
child can bring to one's life. I also understand the importance that a 
stable home can play in a child's development. Each year, National 
Adoption Day offers us all an opportunity to not only reflect on the 
benefits that adoption can bring but also to raise awareness of the 
thousands of children across our Nation who are still awaiting stable, 
nurturing, and loving homes and families.
  Last year, 227 events were held on National Adoption Day in 45 
States. In the process, over 3,000 adoptions were finalized. At 
Saturday's celebration in Hot Springs, AR, and at similar events across 
the country, we all hope to build on that success as hundreds of 
volunteers take time out of their schedules to help place children in 
permanent homes.
  In my State of Arkansas, our judges, courts, and child advocates have 
worked tirelessly on behalf of our State's foster children. In 
consultation with them and in cooperation with my colleagues, I have 
done all I can to ensure our adoption process is as efficient as 
possible. With an estimated 118,000 children across our country in 
foster care and awaiting adoption, I urge my colleagues to continue 
working together on behalf of these children. The opportunity to grow 
up in a nurturing, loving, and stable family is something that none of 
us should take for granted. It is our duty in this Congress to ensure 
that these children are not denied this opportunity but given timely 
placement with the home and the family that each and every one of them 
deserve.
  I would also like to once again express my support and offer my 
heartfelt gratitude not only to the volunteers in Arkansas and across 
the country who make National Adoption Day the success it is but also 
to the selfless men and women who work every day on behalf of America's 
children.

                          ____________________




                       INFLAMMATORY BREAST CANCER

  Mrs. MURRAY. Mr. President, I rise today to make my colleagues aware 
of inflammatory breast cancer, IBC, the least common but most 
aggressive type of breast cancer. Although IBC accounts for 1 to 5 
percent of all breast cancer cases in the United States, it is an 
especially aggressive and rare form of breast cancer.
  The unique symptoms of IBC can result in misdiagnoses or late 
diagnoses. IBC often presents with similar symptoms as mastitis, a type 
of breast infection. The disease also occurs more frequently in younger 
women. Physicians may believe these young women are at lower risk for 
breast cancer and might misdiagnose their symptoms. Unfortunately, 
these delays in correct diagnosis result in the sad fact that IBC is 
more likely to have metastasized at the time of diagnosis than non- IBC 
cases. IBC is also an especially aggressive form of breast cancer. As a 
result, the survival rate for patients with IBC is significantly lower 
than those with non-IBC breast cancer.
  These sobering facts tell us that education and awareness about this 
rare cancer are desperately needed so that women are quickly and 
properly diagnosed. My home State of Washington is making important 
strides in this direction. In fact, Washington State recently 
celebrated Inflammatory Breast Cancer Awareness Week, thanks to the 
foresight of Governor Christine Gregoire and the hard work of 
Washington's IBC advocates. This special observance goes a long way in 
raising awareness about IBC in my home State.
  Efforts such as Washington State's awareness week are a good start, 
but more education and awareness are needed for both patients and their 
physicians. We also must increase access to screening, especially for 
low-income women. One important step that Congress can take to increase 
these efforts is to pass S. 1687, the National Breast and Cervical 
Cancer Early Detection Program Reauthorization Act of 2005. For all 
types of breast cancer--but especially for IBC--early detection is 
critical to catching cancer early before it spreads. I am working with 
Chairman Enzi and Ranking Member Kennedy to bring this bill up for a 
vote in the Health, Education, Labor, and Pensions Committee, and it is 
my hope that we can pass this bill before the end of the 109th 
Congress.
  In closing, I commend the efforts of Governor Gregoire and the IBC 
advocates in Washington State. I am committed to making the Federal 
Government a strong partner in these efforts by increasing awareness 
and access to screening. Together, we can help ensure that every woman 
gets screened for breast cancer and that she and her doctor have access 
to the latest medical research.
  Mr. President, I ask unanimous consent to have printed in the Record 
a copy of the proclamation from Washington State to which I referred.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                              Proclamation

       Whereas, except for nonmelanoma skin cancers, breast cancer 
     is the most common cancer among woman, and is the second 
     leading cause of cancer death in women, exceeded only by lung 
     cancer; and
       Whereas, Inflammatory Breast Cancer (IBC) is the most 
     aggressive form of breast cancer and has a faster doubling 
     time than other breast cancers; and
       Whereas, the total number of breast cancer cases diagnosed 
     for 2005 was 210,000, and of that number, six percent were 
     IBC; and
       Whereas, symptoms of IBC are similar to those of mastitis, 
     a benign breast infection, and because IEC usually grows in 
     nests or sheets rather than a solid tumor, it can spread 
     throughout the breast without a detectable lump. It is 
     usually not detected by mammograms or ultrasounds unless 
     there is a defined tumor; and
       Whereas, laboratory based research on IBC has been limited 
     because little, if any, pretreatment tumor tissue is 
     available for research; and
       Whereas, we recognize the courage and strength of women 
     battling IBC, and the families and friend's who love and 
     support them, and our state is grateful for the hard work and 
     commitment of our dedicated researchers and medical 
     professionals; and
       Whereas, with continued effort, we can raise any awareness 
     of IBC and find new ways to prevent and treat this deadly 
     disease;
       Now, therefore, I, Christine O. Gregoire, Governor of the 
     state of Washington, do hereby proclaim October 1-7, 2006, as 
     Inflammatory Breast Cancer Awareness Week in Washington 
     State, and I urge all citizens to join me in this special 
     observance.

                          ____________________




               PRESERVING CRIME VICTIMS' RESTITUTION ACT

  Mr. SESSIONS. Mr. President, I am pleased to join with Senator 
Feinstein and cosponsor the Preserving Crime Victims' Restitution Act 
of 2006.
  When a criminal defendant pleads guilty or is found guilty by a jury 
of his peers but dies before sentencing or while his case is on appeal, 
the defendant's victims should not sustain a financial loss and the 
defendant's estate should not profit from his crimes. The judicially 
created doctrine of abatement provides, however, ``that the death of a 
criminal defendant pending an appeal of his or her case abates, ab 
initio, the entire criminal proceeding.''

  In its most extreme form, the scope of the doctrine can be 
breathtaking. As the U.S. Court of Appeals for the Fifth Circuit held 
in United States v. Parsons:


[[Page 22195]]

       [T]he appeal does not just disappear, and the case is not 
     merely dismissed. Instead, everything associated with the 
     case is extinguished, leaving the defendant ``as if he had 
     never been indicted or convicted.''

  Common sense requires that punishments like imprisonment or 
probationary supervision terminate once a defendant dies. But when a 
criminal conviction involves remedial measures such as restitution to 
the victims of the crime or implicates civil forfeiture of property 
connected with the crime, we shouldn't pretend that nothing ever 
happened. A convicted defendant's death while his case is pending may 
cheat the hangman, and it may cheat the jailer--but it shouldn't cheat 
the victims.
  Taking a criminal case to trial and obtaining a conviction can 
involve thousands of hours of work and a huge commitment of resources. 
In the recent conviction of Ken Lay, for example, the trial took nearly 
4 months and cost the taxpayers millions of dollars. When a criminal 
conviction involves financial restitution to the victims of the crime 
or when the conviction could be used in a later civil law suit, those 
effects of the conviction should not be erased by the death of the 
defendant. It is wrong to force the victims or the government to start 
over from scratch.
  The Preserving Crime Victims' Restitution Act addresses the 
unnecessary and unfair effects of the abatement doctrine. It preserves 
restitution and the potential use of a criminal conviction. in later 
civil proceedings such as civil forfeiture, while protecting a 
defendant's rights.
  If a defendant dies after pleading guilty or being found guilty by a 
jury, restitution and the use of the conviction in civil proceedings 
will be permitted. In such cases, the bill allows the defendant's 
estate to step into his shoes and continue to defend the conviction. 
The estate can appear on behalf of the defendant at sentencing, and it 
can file post-trial motions. The estate can also appeal the conviction.
  This assures that the integrity of the criminal and appellate process 
is preserved and that there is an adequate opportunity to challenge the 
validity of a conviction and ensure that justice has been done. 
Basically, under this bill, the criminal and appellate process move 
forward with respect to restitution and use of a conviction in later 
civil proceedings just as though the defendant were still alive.
  Ultimately, the Preserving Crime Victims' Restitution Act is about 
fairness. It is fair to victims--who too often get overlooked in the 
criminal process. It is fair to the Government--which may have 
committed enormous time and resources to obtaining a conviction. And it 
is fair to the defendant's estate--which should be allowed to represent 
the defendant's interests and contest the Government's case but should 
not be allowed to profit from crime simply because a defendant dies.
  I hope we can move quickly to pass the Preserving Crime Victims' 
Restitution Act of 2006, and I urge my colleagues to support it.

                          ____________________




                         HELP COMMITTEE AGENDA

  Mr. KENNEDY. Mr. President, the message from this election is clear. 
There is little doubt that the American people want a change of course 
in Iraq. But they also want a government that stands with them and 
their families as they look to the future--jobs that reward their hard 
work, health care that is good and affordable, and education that 
continues to open the door to the American dream for all of our 
citizens.
  That was the agenda of the voters in this election and it will be the 
agenda of our Health, Education, Labor, and Pensions Committee when we 
convene in the new year. And with Senator Reid as our majority leader, 
America's families will see great progress on the issues that they care 
most about.
  Yesterday, Democrats selected the membership of our committee. Every 
member is an experienced legislator with a deep commitment to working 
families and a solid record for getting things done.
  So I welcome back Senator Dodd, Senator Harkin, Senator Mikulski, 
Senator Bingaman, Senator Murray, Senator Jack Reed, and Senator 
Clinton. And I welcome our new members: Senator Obama, Senator-elect 
Sanders, and Senator-elect Brown.
  I am also grateful to continue working together with Chairman Enzi. 
The gavel may change hands, but our partnership will not. He is a true 
leader and has set the standard for fairness and statesmanship, and I 
look forward to working with him on the many issues before the 
committee in the next Congress.
  My first priority will be to increase the minimum wage. Americans are 
working harder than ever, but millions of hard-working men and women 
across the country aren't getting their fair share. We are not 
rewarding work fairly anymore, and working families are falling behind.
  The minimum wage has been stuck at $5.15 an hour for almost 10 years. 
A minimum wage worker who works 40 hours a week, 52 weeks a year still 
makes just $10,700 a year--$6,000 below the poverty line for a family 
of three. In this era of skyrocketing costs, these hard-working 
Americans are forced to make impossible choices--between paying the 
rent or buying food, between paying for gas or paying the doctor.
  Americans understand fairness, and they know this is unfair. That is 
why the American people took the battle into their own hands this year. 
They pounded the pavements for months to put minimum wage increases on 
the ballot in six States this year. And all six of these ballot 
initiatives passed by decisive margins. If there is one message from 
this election that emerged loud and clear, it is that no one who works 
for a living should have to live in poverty.
  Raising the minimum wage to $7.25 an hour will benefit almost 15 
million Americans. It will help more than 7.3 million children whose 
parents will receive a raise.
  Minimum wage workers serve in many of the most difficult and most 
important jobs in our society. They care for children in day care 
centers, and for the elderly in nursing homes. They clean office 
buildings, hotel rooms, and restaurants across the country. They are 
men and women of dignity, and they deserve a fair wage that respects 
the dignity of their work. It is long past time to give minimum wage 
workers a raise.
  Another high priority is to remove the barriers to lifesaving stem 
cell research.
  We are in the era of the life sciences, and no area of medical 
research has more promise than stem cell research to speed the search 
for new cures for diabetes, Parkinson's Disease, cancer, and many other 
serious illnesses.
  Thanks to the courage of leaders such as Michael J. Fox, the people 
of Missouri last week chose hope over fear by approving a 
constitutional amendment to allow stem cell research.
  Congress should learn from that example. Last year, a broad 
bipartisan majority approved legislation to tear down the barriers that 
have kept NIH scientists from realizing the full potential of this 
research. That bill was rejected by the President, but hope can never 
be vetoed.
  We will be back again and again next year until we succeed in 
overturning the restrictions on stem cell research that hinder the 
search for new cures, and delay the day when the hope of a better 
future becomes a reality for patients across America.
  We must also address the crisis in college affordability that affects 
every low and middle income family and that threatens our economic 
progress. It is more important than ever for our citizens to have a 
college education so they can compete in the global economy and have a 
fair chance at the American Dream. But because of soaring college 
costs, stagnant student aid and heavy student loan debt, it is becoming 
increasingly difficult for our citizens to get such an education.
  Today, students and families are pinching every penny to save for 
college--but it is not enough. Each year, 400,000 low-income students 
do not attend a 4-year college because of cost factors. Student debt is 
also a barrier to the pursuit of vital but lower-paying professions 
like teaching, public health, and social work.

[[Page 22196]]

  Last year, we passed an increase in student aid through the Senate 
only to see our proposals die in the House. With the House and Senate 
under new management, next year we will provide needed help to families 
struggling to put their children through college.
  We will increase Pell Grants from $4,050 to $5,100. We will cap 
college loan payments to no more than 15 percent of your income. We 
will cut student loan interest rates. We will reform the student loan 
program so it works for students and not just the banks. And we will 
use the savings to increase student aid.
  And at long last, we can no longer ignore the need for health care 
reform. We must reduce the cost of health and we must make it available 
to each and every American.
  Every Member of the Senate, and their staffs, and every Federal 
employee has a sense of security about health care that is denied to 
millions of Americans. Members of Congress know that if we get sick, or 
if our children need medical care, our health insurance plan will cover 
virtually all of the costs.
  Tens of millions of our fellow citizens have no such guarantee. 
Nearly 50 million Americans lack health care coverage entirely, and 
tens of millions more have inadequate coverage. In a nation with the 
best doctors and finest hospitals in the world, it is profoundly wrong 
that so many Americans suffer from illnesses that could have been 
prevented or treated more effectively--if only health care had been 
available and affordable.
  The time is long overdue to address the crisis in health care. 
Bipartisan health care reform is possible, and our first step toward it 
should be effective legislation to strengthen and reauthorize CHIP, the 
program that provides quality health care for 4 million children.
  But our experience with health reform in Massachusetts showed that we 
can do more. We proved that people from all parts of the political 
spectrum can come together to provide health care for all. So this, 
too, is one of our top goals for the coming Congress.
  Together, we can--we must--make the promise of this century of the 
life sciences a reality for all Americans by seeing that every American 
has quality, affordable health care.
  These are our top priorities for the new year, but they are not our 
only priorities.
  We must pass the CLASS Act and create a long-term care infrastructure 
in this country that will support every American's choice to live at 
home and be part of their community. Every older or disabled American 
has this right, and it is our job in Congress to provide them with the 
support they need to make this a reality.
  We will strengthen early learning opportunities, starting at birth, 
for each of our children. Prevention works in health care and it can 
work in education as well.
  We must also ensure that our schools are equipped to meet the 
challenges of the global economy. Our Nation's future depends on many 
things, but certainly one of the most important measures of the 
strength of our democracy is the excellence of our public schools. This 
year, we will revisit the reforms contained in the No Child Left Behind 
Act.
  The law charted a sound course for American education four years ago, 
but it is time for us to reshape our commitment and provide better 
solutions for schools to respond to the challenges identified by the 
law. These reforms are right and we're ready to work with President 
Bush, as we did 5 years ago. But given the many failures of 
implementation by his administration and the meager commitments to 
education reform in his budgets, the President has a high hurdle to 
cross to demonstrate that he is seriously committed to these reforms.
  In addition, we must give workers a stronger voice in their own 
futures and in meeting the needs of their families. We must protect 
workers' right to join together and fight for better wages and working 
conditions, free from employer intimidation. Workers need opportunities 
to improve their skills through job training programs. And families 
deserve paid sick days to care for loved ones without fear of losing 
their jobs.
  Americans who have worked a lifetime to provide for their families 
deserve to retire in dignity, not in poverty. We must ensure our 
retirement system works for all Americans, not just corporate 
executives.
  We can make bipartisan progress, too, on measures that will improve 
health care and reduce costs--not by denying services to patients, but 
by improving efficiency and effectiveness. Congress should aid doctors, 
hospitals, and patients to improve their use of electronic medical 
records, and we should explore responsible ways to reward the quality 
of health care, not just the quantity of care.
  And we must fulfill our duty through our hearings and our legislative 
program to ensure that Government is working for the people, that we 
have strong laws to keep workers safe on the job and that workers are 
fairly paid, that student loans work for students and not just the 
banks, that students are protected from exploitation in the private 
student loan market, that prescription drugs we rely on and the food we 
eat are safe, that the workers that risked their lives for others on 9/
11 are cared for as they deal now with the illness and injury.
  These will be my priorities as chairman of the Health, Education, 
Labor, and Pensions Committee next year. They come directly out of this 
election where the American people spoke loud and clear. And I look 
forward to working with my colleagues to make important progress for 
America's families.

                          ____________________




                                SOMALIA

  Mr. FEINGOLD. Mr. President, I remain deeply concerned about rising 
instability and growing tension in Somalia. It is becoming clear that 
efforts to date have failed to sufficiently address the stand off 
between the Islamic courts and the transitional federal government, 
TFG, and now new tension between Ethiopia and Eritrea is threatening to 
engulf the entire region in a costly and devastating conflict. 
Unfortunately, rising instability in Somalia is having a direct effect 
on stability throughout the region and, if left unchecked, will have a 
significant impact on our national security and the security of our 
friends and allies.
  As I have said many times before, it is imperative that the U.S. 
Government begin playing a leadership role in helping to stabilize 
Somalia and the region and that it do so immediately. We need a 
comprehensive approach to engaging with regional actors, the 
international community, and the U.N. to find a permanent solution to 
this crisis. Such an approach will contribute to stability throughout 
the Horn of Africa and to our national security.
  We can't do this successfully, of course, unless we create a 
comprehensive approach and apply sufficient resources and attention to 
this growing problem. I was pleased when the Senate passed an amendment 
I offered to the Defense authorization bill a few months ago that calls 
for a comprehensive strategy for establishing long-term stability in 
Somalia. I believe, as do a number of colleagues on both sides of the 
aisle, that the United States must develop a comprehensive strategy for 
Somalia that utilizes all facets of its power and capability and must 
ramp up its diplomatic efforts throughout the region and the 
international community to bring this crisis to an end.
  Unfortunately, the administration has yet to appoint a senior 
coordinator for Somalia to pull together a strategy and to engage 
fulltime with international and regional partners in addressing this 
crisis. There also appears to be a reluctance to put in place 
additional personnel and resources needed to help execute this strategy 
and to contribute to international efforts to bring about a lasting 
peace throughout the region. Frustratingly, there has been reluctance 
among administration officials to work closely with Congress to 
identify what additional resources are needed to address changing 
conditions in Somalia. I have asked repeatedly for a description of 
needed resources and support that we in the U.S.

[[Page 22197]]

Congress can provide to help address instability in Somalia and have 
yet to receive a sufficient response.
  Meanwhile, conditions in Somalia are becoming more complex and more 
troubling. According to a new United Nations report released this week, 
both the ICU and the TFG are obtaining support from a range of outside 
actors. If this is true, it signals a dangerous mix of regional and 
international meddling that could ignite the entire region into a 
devastating conflict. Recent statements by leaders throughout the 
region, too, suggest that specific countries may be prepared to 
intervene outside of the context of a political solution or coordinated 
international intervention.
  Our objectives must not be too lofty: we cannot hope to turn Somalia 
into a peaceful and established democracy overnight. But we do need to 
establish realistic goals and objectives and address this problem with 
aggressive diplomacy and engagement--in Somalia, Nairobi, Addis Ababa, 
New York, Brussels, Asmara, and throughout the Middle East. We must 
work diligently to establish a robust political framework within which 
both Somalia-specific and regional concerns can be addressed, and that 
will help facilitate a broader arrangement that takes into account the 
range of actors involved in this crisis. This framework must be 
supported by the international community and key regional actors. It 
must also take into consideration the very real security concerns of 
Somalia's neighbors.
  Unfortunately, we have very little time. Conditions continue to 
deteriorate, and we can't count on weak diplomatic efforts to get us 
what we need. Instability in Somalia has very real national security 
implications for our country. Somalia remains what it has been for 
years: a haven for known al-Qaida operatives and terrorist networks and 
criminal networks that threaten U.S. interests. As we learned in 
Afghanistan, we cannot ignore the conditions that breed and empower 
extremist and terrorist organizations. Accordingly, it is essential 
that we treat instability in Somalia like the true threat that it is. 
We need to act quickly and decisively and as if American lives depend 
on it. They do.

                          ____________________




            CELEBRATION OF THE 80TH BIRTHDAY OF EARL HOLDING

  Mr. HATCH. Mr. President, I rise today to pay tribute to a dynamic 
man, my constituent, a loyal friend, loving husband and father, and a 
highly successful businessman--Mr. Earl Holding. Earl is reaching a 
wonderful milestone, his 80th birthday, and I couldn't let this 
occasion pass without honoring him for the good he has accomplished 
throughout his life.
  Earl has accomplished feats in business in Utah and throughout our 
Nation that few have ever achieved. He has made a lasting imprint on 
many industries including petroleum, ranching, and the travel and hotel 
industry. His work ethic, and inspirational leadership has literally 
transformed the business landscape of our State. His acumen and 
tenacity are legendary and are admired by many.
  Earl has not been alone in his success. In 1949, Earl married his 
business partner, Carol Orme, and together they embarked on a 
remarkable life journey. These two humble individuals worked together 
to forge something real and lasting in all aspects of their lives. A 
story is told of their early years that I believe poignantly displays 
the dedication they both have always demonstrated. Their wedding night 
at the Temple Square Hotel in Salt Lake City reached an early end when 
they left at 5:00 a.m. to take their irrigation turn at their orchard.
  In 1952, Earl and Carol accepted the responsibility of managing and 
investing in Little America, a service station and motel located in a 
remote area of western Wyoming. At the time Little America was 
unprofitable. In just 2 short years, through hard work, perseverance, 
and tenacity, the Holdings were able to turn Little America into the 
largest and highest volume service station in the United States.
  From this beginning, the Little America Hotels and hotel properties 
led by Earl have became a favorite place for thousands of travelers 
throughout the Western United States. In fact, in preparation for the 
2002 Winter Olympic Games, Earl personally undertook a mission to build 
the first five-star hotel in Utah. His dream became a reality with the 
development and building of the Grand America Hotel in Salt Lake City. 
This property is truly ``grand.'' It is beautiful from the top to the 
bottom and is a wonderful testament to Earl's dedication to quality and 
service.
  Earl's contribution to the travel and recreation arena doesn't end 
with his hotel properties. He also owns and manages the Snowbasin ski 
area in Utah, the home of several Olympic races during the 2002 Olympic 
Winter Games; and the Sun Valley resort in Idaho, repeatedly named the 
No. 1 ski resort in America.
  Earl's business holdings also include a large petroleum portfolio 
anchored by his purchase of Sinclair Oil in 1976. His innovative 
leadership in the petroleum industry has enabled Sinclair Oil to grow 
and is now one of the largest privately held, full integrated oil 
companies in America.
  His leadership and dedication have been recognized many times through 
numerous awards and honors, including an honorary doctorate degree from 
the University of Utah, the Woodrow Wilson International Center for 
Scholars of the Smithsonian Institution's Award for Corporate 
Citizenship, appointments to the U.S. Postal Commission and the Salt 
Lake Olympic Organizing Committee, and as president of the American 
Independent Refiners Association.
  Another hallmark of Earl's life has been his commitment to the 
thousands of employees he has hired throughout the years. Each 
Christmas season, Earl and Carol take the time to express personally 
their gratitude to each one of their 7,000 employees.
  A famous orator, John Wesley, once stated: ``Do all the good you can, 
by all the means you can, in all the ways you can, in all the places 
you can, at all the times you can, to all the people you can, as long 
as ever you can.''
  This describes Earl Holding. His good works accomplished through 80 
years will be acknowledged and felt for generations to come. He is a 
living example of courage, commitment, and dedication. Hard work has 
never deterred him, and integrity has always been his guiding beacon.
  Mr. President, I consider it a great honor to call Earl Holding a 
friend. He is an exceptional human being whose footprints will last for 
years. His success has not been achieved with one single magnificent 
accomplishment but through a journey of good work and exceptional 
leadership. I pay tribute to him today and hope my colleagues will join 
with me in wishing him a very happy 80th birthday!

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                 RECOGNITION OF PROFESSORS OF THE YEAR

 Mr. ALLARD. Mr. President, I rise today to congratulate the 
winners of the United States Professor of the Year Award. Since 1981, 
this program has saluted outstanding undergraduate instructors 
throughout the country. This year, a State Professor of the Year was 
also recognized in 43 States, the District of Columbia and Guam.
  This award is recognized as one of the most prestigious honors 
bestowed upon a professor. To be nominated for this award requires 
dedication to the art of education and excellence in every aspect of 
the profession. Professors personally vested in each student shape the 
leaders of tomorrow. These individuals should be proud of their 
accomplishment.
  I commend and thank all the winners for your leadership and passion 
for educating. No doubt you have inspired an untold number of students. 
I wish you the very best in all your endeavors. Congratulations and 
best regards.
  The four national award winners are:

       Outstanding Baccalaureate Colleges Professor: K.E. 
     Brashier, associate professor of religion and humanities, 
     Reed College, Portland, Ore.

[[Page 22198]]

       Outstanding Community Colleges Professor: Mark Lewine, 
     professor of anthropology, Coyahoga Community College, 
     Cleveland, Ohio
       Outstanding Doctoral and Research Universities Professor: 
     Alex Filippenko, professor of astronomy, University of 
     California, Berkeley
       Outstanding Master's Universities and Colleges Professor: 
     Donna C. Boyd, professor of anthropology, Radford University.

  State Winners:

       Alabama: Scott Stephens, Professor of Art, University of 
     Montevallo.
       Arizona: Rene Diaz-Lefebvre, Professor of Psychology, 
     Glendale Community College.
       Arkansas: Catherine Bordeau, Associate Professor of French, 
     Lyon College.
       California: David Paddy, Associate Professor of English 
     Language and Literature, Whittier College.
       Colorado: Daniel Miller, Associate Professor of 
     Astronautics, United States Air Force Academy.
       Connecticut: Scott Plous, Professor of Psychology, Wesleyan 
     University.
       Delaware: Alan Fox, Associate Professor of Philosophy, 
     University of Delaware.
       District of Columbia: Elizabeth Chacko, Associate Professor 
     of Geography and International Affairs, The George Washington 
     University.
       Florida: William F. Felice, Professor of Political Science, 
     Eckerd College.
       Georgia: Carmen Acevedo Butcher, Associate Professor of 
     English, Shorter College.
       Guam: Vivian Dames, Associate Professor, University of 
     Guam.
       Idaho: James Angresano, Professor of Political Economy, 
     Albertson College of Idaho.
       Illinois: Miriam Ben-Yoseph, Associate Professor, DePaul 
     University.
       Indiana: Randy Roberts, Professor of History and American 
     Studies, Purdue University.
       Iowa: Jeff Barker, Professor of Theatre and Speech, 
     Northwestern College.
       Kansas: Harald E.L. Prins, University Distinguished 
     Professor of Anthropology, Kansas State University.
       Kentucky: Frank Wiseman, Professor of Chemistry, Georgetown 
     College.
       Louisiana: Jo Dale Ales, Assistant Professor for Biology, 
     Baton Rouge Community College.
       Maine: Eric Landis, Professor of Civil Engineering, 
     University of Maine.
       Maryland: Joan Murray Naake, Professor of English, 
     Montgomery College, Rockville.
       Massachusetts: Cathleen K. Stutz, Assistant Professor of 
     Education, Assumption College.
       Michigan: Elfie Schults-Berndt, Director of Music, Lake 
     Michigan College.
       Minnesota: Randy Moore, Professor of Biology, University of 
     Minnesota-Twin Cities.
       Mississippi: Sarah Lea McGuire, Professor of Biology, 
     Millsaps College.
       Missouri: Lynn Rose, Associate Professor of History, Truman 
     State University.
       Montana: Robin Gerber, History and Social Sciences 
     Instructor, Miles Community College.
       Nebraska: Maxine Fawcett-Yeske, Associate Professor of 
     Music, Nebraska Wesleyan University.
       Nevada: Cheryll Glotfelty, Associate Professor of 
     Literature and the Environment, University of Nevada, Reno.
       New Hampshire: Paul Christesen, Assistant Professor of 
     Classics, Dartmouth College.
       New Jersey: Barry V. Qualls, Professor of English, Rutgers, 
     The State University of New Jersey.
       New York: Charles Williamson, Professor in Mechanical and 
     Aerospace Engineering, Cornell University.
       North Carolina: Thomas Arcaro, Professor of Sociology, Elon 
     University.
       Ohio: Ormond Brathwaite, Professor of Biology and 
     Chemistry, Cuyahoga Community College.
       Oklahoma: Vivian Thomlinson, Associate Professor of 
     English, Cameron University.
       Oregon: Karen Elizabeth Eifler, Associate Professor of 
     Education, University of Portland.
       Pennsylvania: Patricia Nestler, Associate Professor of 
     English, Montgomery County Community College.
       South Carolina: Maria K. Bachman, Associate Professor of 
     English, Coastal Carolina University.
       Tennessee: George Poe, Professor of French and French 
     Studies, Sewanee: The University of the South.
       Texas: Jennifer L. O'Loughlin-Brooks, Professor of 
     Psychology, Collin County Community College.
       Utah: Eric Amsel, Professor of Psychology, Weber State 
     University.
       Vermont: David T.Z. Mindich, Professor of Journalism and 
     Mass Communication, St. Michael's College.
       Virginia: Joann Grayson, Professor of Psychology, James 
     Madison University.
       Washington: David Domke, Associate Professor of 
     Communication, University of Washington.
       West Virginia: Norman Duffy, Professor of Chemistry, 
     Wheeling Jesuit University.
       Wisconsin: Donald A. Neumann, Professor in Physical 
     Therapy, Marquette University.

                          ____________________




                HONORING THE LIFE OF DR. MILTON FRIEDMAN

 Mr. BUNNING. Mr. President, I would like to take the 
opportunity to honor the life of a great American economist, Dr. Milton 
Friedman, who passed away today.
  In his 94 years, he lead an intellectual movement at the University 
of Chicago focused on the failure of government intervention in the 
market process, wrote extensively on both economics and public policy, 
served on the President's Commission on an All-Volunteer Armed Force 
and the President's Commission on White House Fellows, served on 
President Ronald Reagan's Economic Policy Advisory Board, and served as 
president of American Economic Association, the Western Economic 
Association, and the Mont Pelerin Society. Dr. Friedman was awarded the 
Presidential Medal of Freedom, the National Medal of Science, and the 
Nobel Prize in economic sciences.
  Dr. Friedman was a prominent defender of the free market and small 
government. A critic of the Federal Reserve, he argued that the 
misguided policies of the directors of the Federal Reserve, through 
contraction of the money supply, prolonged and worsened the effects of 
the Great Depression.
  I believe Dr. Friedman's greatness was not in being an academic but 
in taking economic principles, and his immovable convictions, to 
everyday people through his books, columns, public television series, 
speeches, and television appearances.
  To truly honor the life and achievements of Dr. Milton Friedman, we 
should heed the lesson he dedicated much of his life to: the free 
society and the free economy are both essential and inseparable. In his 
book ``Capitalism and Freedom,'' Friedman reminds us that, ``Economic 
arrangements play a dual role in the promotion of a free society. On 
the one hand, freedom in economic arrangements is itself a component of 
freedom broadly understood, so economic freedom is an end in itself. In 
the second place, economic freedom is also an indispensable means 
toward the achievement of political freedom.''.
 Mr. ALLARD. Mr. President, today I wish to note the passing 
and celebrate the life of Milton Friedman.
  Nobel laureate Friedman was an economist whose work expanded academia 
to influence Ronald Reagan, Margaret Thatcher, Alan Greenspan, Ben S. 
Bernanke, and many others. If I may dare to join such company, he also 
influenced me.
  Friedman argued that the goal of monetary policy should be long-term, 
stable growth in the supply of money. He championed individual 
initiative and deregulation and influenced decisions from severing the 
dollar from gold to ending the military draft.
  The Wall Street Journal today quoted Carnegie Mellon University 
Professor Allan H. Meltzer as saying ``It's hard to think of anyone 
who's had more of a direct influence on social and economic policy in 
this generation.''
  The PBS airing of his 10-part series ``Free to Choose,'' a defense of 
free market economics, made a huge impression on me. I watched them all 
and learned much.
  Friedman was born in 1912. After graduating from high school before 
his 16th birthday, Friedman won a scholarship to Rutgers University. He 
later studied at the University of Chicago, where he met his future 
wife, Rose Director. Friedman graduated with a master's degree from the 
University of Chicago in 1933 and earned a doctorate from Columbia 
University in 1946. He served as an economic adviser during Barry 
Goldwater's Presidential campaign, won the Presidential Medal of 
Freedom in 1988, and was most recently a senior research fellow at the 
Hoover Institution.
  His contribution to our country was vast, and I mourn his 
passing.

                          ____________________




                   TRIBUTE TO MURRAY STATE UNIVERSITY

 Mr. BUNNING. Mr. President, today I pay tribute to Murray 
State University in honor of their recognition by the annual U.S. News 
and World Report America's Best Colleges issue. By constantly striving 
for academic excellence and inspiring their students to

[[Page 22199]]

succeed, the faculty of this institute of higher education continues to 
provide the tools needed to ensure a bright future for all graduates.
  Every year, thousands of schools are surveyed by U.S. News, and the 
rankings are based on expert opinion about academic program quality and 
statistics that measure the quality of a school's faculty, research, 
and students. The information gathered is consolidated and measured to 
determine individual college ranking in the final report.
  Murray State University has a long history of academic excellence and 
continues to excel in enriching the academic careers of the students 
who attend. The school was ranked sixth in the South as a ``Top 
Public'' university. In addition, Murray was ranked 15th in the South 
among public and private universities in the individual category of 
``Best Masters Universities.'' The 10,000 students who attend this 
school are ensured a successful academic career with diverse degree 
programs and exceptional faculty support.
  I now ask my fellow colleagues to join me in congratulating Murray 
State University on their exceptional academic accomplishments. 
Achievements such as this bring great pride to the entire Bluegrass 
State. It is a true example of Kentucky at its finest.

                          ____________________




                      TRIBUTE TO DR. FRANK WISEMAN

 Mr. BUNNING. Mr. President, today I pay tribute to Dr. Frank 
Wiseman, who is the recipient of the 2006 U.S. Professor of the Year 
Award for the State of Kentucky. This is a prestigious program that 
honors and awards the most influential undergraduate instructors in the 
country.
  Since 1981, the U.S. Professors of the Year program has saluted 
exceptional professors who have demonstrated a heightened dedication to 
teaching, commitment to students, and creative instructional techniques 
and methods. The program is sponsored by the Council for the 
Advancement and Support of Education which collaborates with multiple 
higher-education associations to direct and promote the program.
  As a professor of chemistry at Georgetown College in Georgetown, KY, 
Dr. Wiseman uses innovative teaching methods to help his students 
understand the complexities of chemistry, a subject many find 
challenging. He has developed games and animation exercises as well as 
a unique grading system to address the diverse needs of his students. 
By introducing and applying creative educating tactics along with 
standard science research methods to assist his students, Dr. Wiseman 
personifies everything an educator should strive for in their career.
  I now ask my fellow colleagues to join me in thanking Dr. Wiseman for 
his dedication and commitment to the education of America's future. In 
order for our society to continue to advance in the right direction, we 
must have professors like Dr. Wiseman in our institutions of higher 
learning, in our communities, and in our lives. He is Kentucky at its 
finest.

                          ____________________




                   COMMENDING NATALIE WILSON CRAWFORD

 Mrs. FEINSTEIN. Mr. President, today it is my pleasure to 
commend Mrs. Natalie Wilson Crawford for her service to the Nation and 
to the U.S. Air Force.
  Mrs. Crawford is an internationally recognized expert on air and 
space power who has been at the California-based RAND Corporation since 
1964. For the past 9 years she has held the position of vice president, 
RAND Corporation, and director of Project AIR FORCE, one of the 
principal research divisions of this famous think tank.
  For 60 years, Project AIR FORCE, originally called Project RAND, has 
provided independent and objective analysis on issues of major concern 
to the U.S. Air Force. During her tenure as its director, Mrs. Crawford 
built and sustained an outstanding research team, expanded the research 
agenda, and further cemented RAND's strategic relationship with the Air 
Force's senior leaders.
  Among her many honors, Mrs. Crawford has twice been awarded the Air 
Force's Decoration for Exceptional Civilian Service. In 2003, she 
received both the Lifetime Achievement Award from the Air Force 
Analytic Community and the Lieutenant General Glenn Kent Leadership 
Award.
  In October 2006, Mrs. Crawford stepped down from her administrative 
roles in Project AIR FORCE, but she will continue to act as a senior 
advisor to RAND's chief executive officer and as a senior mentor on the 
USAF Scientific Advisory Board, where she has served since 1988.
  It is my pleasure and privilege to thank Natalie Crawford for her 
extraordinary contributions to preserving America's national security. 
The dedication and energy she has shown in her four-decade career 
demonstrate the highest ideals of service and commitment.

                          ____________________




                     HONORING DR. DAVID E. JANSSEN

 Mrs. FEINSTEIN. Mr. President, today I honor Dr. David E. 
Janssen, who is retiring after an impressive career spanning 40 years 
as a public servant in the State of California.
  Dr. Janssen is retiring as chief administrative officer of the county 
of Los Angeles where he has served with distinction since August 1996. 
I extend to him my sincere congratulations for the decades of dedicated 
service that he has given to his Nation, his State, and his county.
  For the past decade, Dr. Janssen has played an invaluable role in 
helping the Los Angeles County Board of Supervisors accomplish its 
Federal and State legislative priorities.
  While his many accomplishments are too numerous to list here, his 
most recent efforts clearly demonstrate just how much he has meant to 
Los Angeles county and my State over his entire career.
  Dr. Janssen has advocated closely on important Medicaid reform 
proposals and helped to improve the flexibility of Federal foster care 
funds.
  He coordinated and developed advocacy strategies with local 
government and housing and community development groups in the Los 
Angeles region to protect vital community development block grant 
funds.
  Working to improve the county's health system, Dr. Janssen helped 
assure critical Federal funding guarantees and assisted in creating an 
action plan in the event of an avian flu epidemic. He also collaborated 
with the State's congressional delegation, Governor Arnold 
Schwarzenegger, and the administration to secure funding for Martin 
Luther King/Charles R. Drew Medical Center--King/Drew--in south Los 
Angeles, preserving critical, life-saving services, and ensuring that 
the patients served by King/Drew continue to have access to care.
  In an issue that is of utmost importance to my State, he worked 
closely with key administration officials and members of Congress to 
ensure that Los Angeles Air Force Base would not be closed or 
realigned.
  In terms of homeland security, Dr. Janssen led the county in working 
to boost funding and increase the allocation of first responder grants 
to local governments. Likewise, he supported legislation to adopt a 
threat-based formula that directs homeland security funds where they 
are needed most.
  These are just some of Dr. Janssen's significant accomplishments on 
behalf of Los Angeles county and the State of California. As he 
retires, I extend my gratitude to him for his many contributions 
throughout a distinguished career. With sincere best wishes, I 
congratulate him upon his retirement from public service. I am pleased 
to join his many coworkers, family, friends, and associates in wishing 
him health, happiness, and good fortune in all his future 
endeavors.

                          ____________________




                      TRIBUTE TO CHUCK LARSON, SR.

 Mr. HARKIN. Mr. President, one of the joys of my job as a 
Senator is working closely with talented, dedicated Iowans from all 
walks of life. One of those exceptional people is Chuck Larson, Sr., 
U.S. attorney for the Northern District of Iowa. With his retirement 
next month, he will conclude

[[Page 22200]]

an extraordinary career in public service spanning nearly four decades.
  Chuck has dedicated his life to the law and public safety, as 
director of Iowa public safety in the 1970s, as a consultant in Saudi 
Arabia to the Kingdom's Highway Patrol Project in the early 1980s, as 
director of the Governor's Office of Drug Control Policy, and as a 
member of the President's Drug Free Communities Committee. In December, 
he will complete two terms as U.S. attorney for the Northern District 
of Iowa.
  My staff and I have worked closely with Chuck for many years. I could 
cite many examples of his leadership and professional excellence, but 
one instance stands out in particular. Some time ago, my office was 
contacted by members of an Iowa jurisdiction where various law 
enforcement agencies and key players in the community were not 
communicating effectively, leading to an increase in drug and gang 
activity. My staff contacted Chuck, and he intervened in that community 
personally and directly. He set up meetings with community members and 
law enforcement agencies and brought them together in a positive 
spirit. Today, that community is considered a national model for 
cooperation in the fight against drugs and gangs. And one thing that 
all groups in the community agree on is that it was Chuck's leadership 
and personal skills--going above and beyond his job description--that 
led to this success. Thanks to Chuck's work in that community and cross 
my State, Iowa is a better, safer place to live, work, and raise a 
family. Indeed, there is no doubt in my mind that Chuck's dedicated 
work is one big reason why Iowa has one of the lowest crime rates in 
the United States.
  One key to Chuck's success is that he speaks with the authority of a 
seasoned veteran of decades on the front line fighting crime and 
improving public safety. Throughout his distinguished career, he has 
put public service above personal gain. We have all heard the saying 
that ``you get what you pay for.'' But in Iowa, when it comes to U.S. 
attorneys, that is not the case. We get far better than we pay for. 
Despite modest salaries, Iowa has been blessed with U.S. attorneys of 
the highest caliber. And most folks in Iowa know this and appreciate 
it. We hold our law enforcement professionals--from police officers 
right up to the highest ranking prosecutors--in special esteem. And we 
are grateful for the excellence, professionalism, and long hours that 
they bring to their jobs.
  I will miss Chuck's counsel and his can-do, cooperative attitude. My 
staff and I have turned to him again and again over the years, and he 
has never let us down. It has meant so much to be able to rely on 
someone of his caliber for authoritative answers and prompt action.
  Though I am sorry to see Chuck go, I know how much he is looking 
forward to spending more time with his family--his wife Ellen and his 
children and grandchildren. I am grateful for his decades of truly 
distinguished and brilliant public service, and I wish him the very 
best.

                          ____________________




                 20TH ANNIVERSARY OF THE REDFIELD FIRE

 Mr. JOHNSON. Mr. President, today I wish to remember the fire 
that devastated the community of Redfield, SD, on November 16, 1986. 
Though there was a tragic loss of life and many families saw their 
property and possessions destroyed, the community was able to come 
together to help each other through those difficult times and to 
ultimately rebuild and thrive.
  The fire began sometime prior to 4:30 that morning and was reported 
by Dawn Waldner. Soon local police and firefighters were on the scene, 
but the blaze proved uncontrollable. It was in the process of consuming 
an apartment building with 31 apartments and many of the downtown 
businesses in Redfield. The fire was so hot that it cracked the windows 
of any building in the vicinity of the flames. The Senior Citizens 
Center, Crawford Furniture, Coast to Coast hardware, Blaine St. Clair's 
business office, American Family Insurance, KQKD Radio, and a TV repair 
shop were among the businesses that were destroyed or damaged.
  The day's greatest loss, however, was the life of young Rebecca 
Nelson, who was just over a year old. She was trapped in the burning 
apartment building, and though people on the scene made heroic efforts 
to save her, they could not discover her in time. Civilian Gene 
Freshour and police sergeant Dave Dosch both risked their lives by 
going into the building without masks to search for the child. 
Firefighters Bob Tiff, Jim Haider, Ron Eimers, and Rich Gruenwald 
formed a search team, also risking their lives, in the attempt to find 
Rebecca. Despite the brave actions of all those involved in the effort, 
she could not be rescued.
  The fire burned so hot that firefighters said they could see the 
water evaporating before it even hit the fire. The tar on the streets 
melted, and ammunition in the hardware store was set off. By the time 
the embers were cold, over a million gallons of water had been used 
putting it out. It wasn't long, though, before the community came 
together to start the hard work of healing and rebuilding.
  With the help of two community development block grants, the city was 
able to purchase much of the damaged property. Over 580 truckloads of 
debris were taken from the area, but new businesses have moved in and 
prospered. The site also is home to a memorial to Rebecca Nelson. There 
will be a memorial service in memory of the events of the day on 
November 16, 2006, at Siegling's Parking Lot, near the Rebecca Nelson 
Memorial. I extend my deepest condolences to those who suffered losses 
in the fire and commend the community for their unity and perseverance 
in rebounding from this disaster.

                          ____________________




                         BIGHORN CENTER TRIBUTE

 Mr. SALAZAR. Mr. President, I rise today to pay tribute to the 
Bighorn Center for Public Policy and to recognize the work of a great 
Coloradan, the Bighorn Center's CEO and founder, Rutt Bridges.
  The Bighorn Center for Public Policy was created in 1999 in an effort 
to provide Colorado with a truly nonpartisan organization that 
identifies, develops, and advocates public policies to enrich the 
quality of life in the State of Colorado. Over the past 7 years, the 
Bighorn Center has brought together leaders from both sides of the 
aisle to find real solutions to Colorado's ever-changing public policy 
needs.
  Rutt Bridges is a close friend and colleague. He is a man who 
understands the value of hard work and authentic leadership, and it has 
been my pleasure to work with him over the years to improve Colorado.
  More than 25 years ago, Mr. Bridges and his wife moved to Colorado 
and founded a small software company that used emerging computer 
technology to search for oil. With his ambition and intelligence, Mr. 
Bridges revolutionized the oil exploration business. His small software 
company quickly grew from 3 employees to over 70. When he sold his 
company in 1994, he committed himself to doing good for Colorado, and 
he has maintained that commitment to this day.
  The Bighorn Center's list of accomplishments is impressive. As 
Colorado attorney general, I worked with the Bighorn Center to develop 
the Colorado Anti-Bully Project. The Bighorn Center and Mr. Bridges are 
most well-known, however, for Colorado's telemarketing no-call list, 
passed in 2001 by Colorado's General Assembly. I am most proud of 
working with Rutt and the Center to help develop this landmark consumer 
protection law. Taking on special interests and supplying grassroots 
political pressure, the Bighorn Center was the driving force in making 
it easy for Coloradans to choose to block intrusive and unwanted 
telemarketing calls.
  Mr. Bridges and the Bighorn Center did not stop there and have often 
worked behind the scenes to encourage more campaign finance disclosure, 
convene meetings to discuss Colorado's budget issues, and create a DNA 
fingerprinting database for all criminals.

[[Page 22201]]

  The Bighorn Center also created the Bighorn Leadership Development 
Program, directed by another distinguished Coloradan, Brenda Morrison. 
This bipartisan program has effectively recruited and trained over 200 
young leaders to work for a better Colorado.
  I am proud of the accomplishments of the Bighorn Center for Public 
Policy, and I applaud Mr. Bridges, Ms. Morrison, and other staff at the 
Bighorn Center for their dedication to making Colorado a better place 
to live. While the Bighorn Center is closing its doors, its legacy and 
the work of these civic-minded Coloradans will continue.

                          ____________________




               MESSAGE FROM THE HOUSE DURING ADJOURNMENT

                                 ______
                                 

               ENROLLED BILL AND JOINT RESOLUTION SIGNED

  Under authority of the order of the Senate of January 4, 2005, the 
Secretary of the Senate, on November 16, 2006, during the adjournment 
of the Senate, received a message from the House of Representatives 
announcing that the Speaker has signed the following enrolled bill and 
joint resolution:

       H.R. 6326. An act to clarify the provision of nutrition 
     services to older Americans.
       H.J. Res. 100. Joint resolution making further continuing 
     appropriations for the fiscal year 2007, and for other 
     purposes.

  The enrolled bill and joint resolution were subsequently signed by 
the President pro tempore (Mr. Stevens).

                          ____________________




                         MESSAGE FROM THE HOUSE

  At 1:09 p.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House has 
passed the following bill and joint resolution, in which it requests 
the concurrence of the Senate:

       H.R. 6325. An act to provide a new effective date for the 
     applicability of certain provisions of law to Public Law 105-
     331.
       H.J. Res. 101. Joint resolution appointing the day for the 
     convening of the first session of the One Hundred Tenth 
     Congress.

  The message also announced that the House has agreed to the following 
concurrent resolution, in which it requests the concurrence of the 
Senate:

       H. Con. Res. 423. Concurrent resolution authorizing the 
     printing as a House document of ``A History, Committee on the 
     Judiciary, United States House of Representatives, 1813-
     2006''.

                          ____________________




                           MEASURES REFERRED

  The following bill was discharged from the Committee on Homeland 
Security and Governmental Affairs by unanimous consent, and referred to 
the Committee on Energy and Natural Resources:

       H.R. 3699. An act to provide for the sale, acquisition, 
     conveyance, and exchange of certain real property in the 
     District of Columbia to facilitate the utilization, 
     development, and redevelopment of such property, and for 
     other purposes.

  The following bill was read, and referred as indicated:

       H.R. 6325. An act to provide a new effective date for the 
     applicability of certain provisions of law to Public Law 105-
     331; to the Committee on Banking, Housing, and Urban Affairs.

                          ____________________




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-9038. A communication from the Under Secretary of 
     Defense (Acquisition, Technology and Logistics), 
     transmitting, pursuant to law, five quarterly Selected 
     Acquisition Reports (SARs) for the quarter ending June 30, 
     2006; to the Committee on Armed Services.
       EC-9039. A communication from the Assistant Legal Adviser 
     for Treaty Affairs, Department of State, transmitting, 
     pursuant to law, international agreements other than treaties 
     entered into by the United States in the past sixty days; to 
     the Committee on Foreign Relations.
       EC-9040. A communication from the Assistant Secretary for 
     Legislative Affairs, Department of State, transmitting, 
     pursuant to law, a report relative to U.S. military personnel 
     and civilian contractors involved in the anti-narcotics 
     campaign in Colombia; to the Committee on Foreign Relations.
       EC-9041. A communication from the Assistant General Counsel 
     for Regulatory Services, Office of Innovation and 
     Improvement, Department of Education, transmitting, pursuant 
     to law, the report of a rule entitled ``Discretionary Grant 
     Programs--Notice of Final Priorities'' (71 FR 44671) received 
     on November 14, 2006; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-9042. A communication from the Chairman, Federal Energy 
     Regulatory Commission, transmitting, pursuant to law, a 
     report relative to the progress the Commission has made in 
     achieving its mission to regulate and oversee energy 
     industries; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-9043. A communication from the Attorney General, 
     transmitting, pursuant to law, a report relative to audits 
     conducted on the Department of Justice's financial statements 
     of fiscal year 2006; to the Committee on Homeland Security 
     and Governmental Affairs.
       EC-9044. A communication from the Director, Defense 
     Procurement and Acquisition Policy, Department of Defense, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Trade Agreements Thresholds and Morocco Free Trade 
     Agreement'' (DFARS Case 2005-D017) received on November 15, 
     2006; to the Committee on Armed Services.
       EC-9045. A communication from the Secretary, Department of 
     Housing and Urban Development, transmitting, pursuant to law, 
     the Government National Mortgage Association management 
     report for the fiscal year ended September 30, 2006; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-9046. A communication from the Chairman and President of 
     the Export-Import Bank of the United States, transmitting, 
     pursuant to law, a report relative to transactions involving 
     U.S. exports to the Republic of Korea, Luxembourg and to 
     other countries yet to be determined; to the Committee on 
     Banking, Housing, and Urban Affairs.
       EC-9047. A communication from the Counsel for Legislation 
     and Regulations, Office of Housing, Department of Housing and 
     Urban Development, transmitting, pursuant to law, the report 
     of a rule entitled ``Disposition of HUD-Acquired Single 
     Family Property; Disciplinary Actions Against HUD-Qualified 
     Real Estate Brokers'' (RIN2502-AI08) received on November 15, 
     2006; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-9048. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Adequacy of 
     Missouri Municipal Solid Waste Landfill Program'' (FRL No. 
     8242-9) received on November 15, 2006; to the Committee on 
     Environment and Public Works.
       EC-9049. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Adequacy of 
     Nebraska Municipal Solid Waste Landfill Program'' (FRL No. 
     8242-6) received on November 15, 2006; to the Committee on 
     Environment and Public Works.
       EC-9050. A communication from the Principal Deputy 
     Associate Administrator, Office of Policy, Economics and 
     Innovation, Environmental Protection Agency, transmitting, 
     pursuant to law, the report of a rule entitled ``Standards of 
     Performance for Industrial-Commercial-Industrial Steam 
     Generating Units'' (RIN2060-AN96) received on November 15, 
     2006; to the Committee on Environment and Public Works.
       EC-9051. A communication from the Acting Chief of the 
     Publications and Regulations Branch, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``Revenue Procedure: 
     Reduction of Penalty for Understating Tax by Adequate 
     Disclosure of an Item on Return'' (Rev. Proc. 2006-48) 
     received on November 15, 2006; to the Committee on Finance.
       EC-9052. A communication from the Acting Chief of the 
     Publications and Regulations Branch, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``2006 Base Period T-
     Bill Rate'' (Rev. Rul. 2006-54) received on November 15, 
     2006; to the Committee on Finance.
       EC-9053. A communication from the Acting Chief of the 
     Publications and Regulations Branch, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``Substantiation of 
     Expenses of Native Alaskan Whaling Captains'' (Rev. Proc. 
     2006-50) received on November 15, 2006; to the Committee on 
     Finance.
       EC-9054. A communication from the Acting Chief of the 
     Publications and Regulations Branch, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``2007 Standard Mileage 
     Rates'' (Rev. Proc. 2006-49) received on November 15, 2006; 
     to the Committee on Finance.
       EC-9055. A communication from the Acting Chief of the 
     Publications and Regulations Branch, Internal Revenue 
     Service, Department of the Treasury, transmitting, pursuant 
     to law, the report of a rule entitled ``Amplification of 
     Revenue Procedure 2005-70''

[[Page 22202]]

     (Rev. Proc. 2006-51) received on November 15, 2006; to the 
     Committee on Finance.
       EC-9056. A communication from the Assistant Secretary, 
     Office of Legislative Affairs, Department of State, 
     transmitting, pursuant to law , the certification of a 
     proposed license for the export of defense articles and 
     defense services sold commercially under contract in the 
     amount of $100,000,000 or more to Italy; to the Committee on 
     Foreign Relations.
       EC-9057. A communication from the Secretary, Department of 
     Housing and Urban Development, transmitting, pursuant to law, 
     the Department's Performance and Accountability Report for 
     Fiscal Year 2006; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-9058. A communication from the Commissioner, Social 
     Security Administration, transmitting, pursuant to law, the 
     Administration's Performance and Accountability Report for 
     Fiscal Year 2006; to the Committee on Homeland Security and 
     Governmental Affairs.
       EC-9059. A communication from the Deputy Secretary of 
     Defense, transmitting, pursuant to law, the Department's 
     Fiscal Year 2006 Performance and Accountability Report; to 
     the Committee on Homeland Security and Governmental Affairs.
       EC-9060. A communication from the President of the United 
     States of America, transmitting, pursuant to law, a report 
     relative to the export to the People's Republic of China of 
     items not detrimental to the United States space launch 
     industry (motorized mixer with a stainless steel vacuum 
     mixing tank and fine grain bulk graphite); to the Committee 
     on Foreign Relations.
       EC-9061. A communication from the President of the United 
     States of America, transmitting, pursuant to law, a report 
     relative to the export to the People's Republic of China of 
     items not detrimental to the United States space launch 
     industry (twelve Honeywell inertial measurement units); to 
     the Committee on Foreign Relations.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. ROBERTS, from the Select Committee on Intelligence:
       Special Report entitled ``Committee Activities of 108th 
     Congress'' (Rept. No. 109-360).
       By Ms. SNOWE, from the Committee on Small Business and 
     Entrepreneurship:
       Report to accompany S. 3778, An original bill to 
     reauthorize and improve the Small Business Act and the Small 
     Business Act of 1958, and for other purposes (Rept. No. 109-
     361).
       By Ms. COLLINS, from the Committee on Homeland Security and 
     Governmental Affairs, without amendment:
       S. 4046. A bill to extend oversight and accountability 
     related to United States reconstruction funds and efforts in 
     Iraq by extending the termination date of the Office of the 
     Special Inspector General for Iraq Reconstruction. 

                          ____________________




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of nominations were submitted:

       By Ms. COLLINS for the Committee on Homeland Security and 
     Governmental Affairs.
       *Stephen Thomas Conboy, of Virginia, to be United States 
     Marshal for the Superior Court of the District of Columbia 
     for the term of four years.
       *James H. Bilbray, of Nevada, to be a Governor of the 
     United States Postal Service for a term expiring December 8, 
     2015.
       *Thurgood Marshall, Jr., of Virginia, to be a Governor of 
     the United States Postal Service for a term expiring December 
     8, 2011.
       *Dan Gregory Blair, of the District of Columbia, to be a 
     Commissioner of the Postal Rate Commission for a term 
     expiring October 14, 2012.

  *Nomination was reported with recommendation that it be confirmed 
subject to the nominee's commitment to respond to requests to appear 
and testify before any duly constituted committee of the Senate.

                          ____________________




                         DISCHARGED NOMINATIONS

  The Senate Committee on Foreign Relations was discharged from further 
consideration of the following nominations and the nominations were 
confirmed:

       Jack Vaughn, of Texas, to be a Member of the Board of 
     Directors of the Inter-American Foundation for a term 
     expiring September 20, 2006.
       Adolfo A. Franco, of Virginia, to be a Member of the Board 
     of Directors of the Inter-American Foundation for a term 
     expiring September 20, 2008, to which position he was 
     appointed during the recess of the Senate from January 6, 
     2005, to January 20, 2005.
       Roger W. Wallace, of Texas, to be a Member of the Board of 
     Directors of the Inter-American Foundation for a term 
     expiring October 6, 2008, to which position he was appointed 
     during the last recess of the Senate.
       Kay Kelley Arnold, of Arkansas, to be a Member of the Board 
     of Directors of the Inter-American Foundation for a term 
     expiring October 6, 2010. (Reappointment).
       Gary C. Bryner, of Utah, to be a Member of the Board of 
     Directors of the Inter-American Foundation for a term 
     expiring June 26, 2008.
       Thomas Joseph Dodd, of the District of Columbia, to be a 
     Member of the Board of Directors of the Inter-American 
     Foundation for a term expiring June 26, 2008.
       John P. Salazar, of New Mexico, to be a Member of the Board 
     of Directors of the Inter-American Foundation for a term 
     expiring September 20, 2012.
       Thomas A. Shannon, Jr., of Virginia, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be a 
     Member of the Board of Directors of the Inter-American 
     Foundation for a term expiring September 20, 2012.
       Jack Vaughn, of Texas, to be a Member of the Board of 
     Directors of the Inter-American Foundation for a term 
     expiring September 20, 2012. (Reappointment).
       Craig Roberts Stapleton, of Connecticut, to serve 
     concurrently and without additional compensation as 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to Monaco.
       Nominee: Craig R. Stapleton
       Post: Ambassador to Monaco
       The following is a list of all members of my immediate 
     family and their spouses. I have asked each of these persons 
     to inform me of the pertinent contributions made by them. To 
     the best of my knowledge, the information contained in this 
     report is complete and accurate.
       Contributions, amount, date, and donee:
       1. Self: 2,000.00, 7/17/03, Bush-Cheney '04; 25,000.00, 12/
     28/03, Bush/Cheney Victory 2004; 1,000.00, 2/13/04, John 
     Graves for Congress; 1,000.00, 5/28/04, Friends of Jack 
     Orchulli; 2,000.00, 5/28/04, Shays for Congress; 25,000.00, 
     6/21/04, RNC Presidential Trust; 500.00, 8/21/04, Republican 
     Majority for Choice; 1,000.00, 9/15/04, Peter Coors for 
     Senate; 2,000.00, 3/26/04, Simmons for Congress.
       2. Spouse: Dorothy W. Stapleton, 2,000.00, 8/19/03, Bush-
     Cheney '04; 1,000.00, 3/26/04, Simmons for Congress; 
     1,000.00, 8/13/04, Fed PAC; 1,000.00, 10/8/04, Coors for 
     Senate.
       3. Children and Spouses: Walker Stapleton, 500.00, 9/24/02, 
     Beauprez for Congress; 2,000.00, 8/20/03, Bush-Cheney '04; 
     1,000.00, 5/24/04, 500.00, 10/08/04, Coors for Senate.
       4. Parents: Katharine H. Stapleton, 2,000.00, 8/20/03, 
     Bush-Cheney '04.
       5. Grandparents: No contributions.
       6. Brothers and Spouses: Benjamin F. Stapleton III (Jane), 
     208.00, 10/13/04, Coburn for Senate; 208.00, 10/29/04, Coors 
     for Senate; 500.00, 8/06/04, Udall for Congress; 1,000.00, 8/
     26/03, Bush-Cheney '04; 1,000.00, 6/15/04, Bush-Cheney '04; 
     1,000.00, 5/28/04, Shelby for Senate; 1,000.00, 8/04/04, 
     Coors for Senate; 2,496.00, 10/13/04, Majority Fund for 
     America's Future Committee.
       7. Sisters and Spouses: No contributions.
                                  ____

       Ronald Spogli, of California, to serve concurrently and 
     without additional compensation as Ambassador Extraordinary 
     and Plenipotentiary of the United States of America to the 
     Republic of San Marino.
       Nominee: Ronald P. Spogli
       Post: Ambassador, San Marino
       The following is a list of all members of my immediate 
     family and their spouses. I have asked each of these persons 
     to inform me of the pertinent contributions made by them. To 
     the best of my knowledge, the information contained in this 
     report is complete and accurate.
       Contributions, amount, date, and donee:
       1. Self: 24,500, 7/29/04, 2004 Joint Candidate Committee; 
     7,500, 7/29/04, 2004 Joint State Victory Committee; 2,000, 6/
     30/04, Pete Coors for U.S. Senate-Primary; 2,000, 6/30/04, 
     Pete Coors. for U.S. Senate-General; 2,000, 3/26/04, John 
     Thune for U.S. Senate-Primary; 25,000, 2/24/04, Republican 
     National Committee; 25,000, 9/11/03, Republican National 
     Committee; 2,000, 6/20/03, Bush-Cheney'04 Inc.; 1,000, 2/5/
     03, Kit Bond for U.S. Senate-Primary; 1,000, 7/11/02, John 
     Cornyn for U.S. Senate; 1,000, 4/18/02 James Talent for U.S. 
     Senate-Primary; 1,000, 4/18/02, James Talent for U.S. Senate-
     General; 1,000, 4/18/02, Norm Coleman for U.S. Senate-
     Primary; 1,000, 4/18/02, Norm Coleman for U.S. Senate-
     General; 1,000, 4/18/02, John Thune for U.S. Senate-Primary; 
     1,000, 4/18/02, John Thune for U.S. Senate-General; 1,000, 4/
     15/02, McConnell U.S. Senate Committee-General; 198,000, 4/
     11/02, Republican National Committee State Elections Account; 
     10,000, 11/12/01, National Republican Senatorial Committee; 
     20,000, 5/8/01, Republican National Committee State Elections 
     Account; 1,000, 4/16/01, McConnell U.S. Senate Committee-
     Primary; 8,702, 1/19/01, Republican National Committee State 
     Elections Account; 100,000, 1/2/01, Presidential Inaugural 
     Committee; 5,000, 12/6/00, Bush/Cheney Presidential 
     Transition Fund; 5,000, 11/16/00, Bush-Cheney Recount Fund; 
     300, 7/25/00, National Federation of Republican Women; 200, 
     7/6/00, Republican National Committee State Election Account; 
     1,000, 6/26/00, Abraham for U.S. Senate 2000; 125,000, 6/15/
     00, Republican National Committee State Election Account; 
     50,000, 5/15/00, Republican National

[[Page 22203]]

     Committee State Election Account; 15,000, 5/15/00, Republican 
     National Committee; 10,000, 12/17/99, 1999 State Victory Fund 
     Committee; 5,000, 11/16/99, Victory 2000 California 
     Republican Party--Federal Account; 15,000, 11/6/99, Victory 
     2000 California Republican Party; 1,000, 3/7/99, Bush 
     Presidential Exploratory Committee; 10,000, 3/23/98, George 
     Bush Committee.
       2. Spouse: Georgia B. Spogli, 7,500, 8/2/04, 2004 Joint 
     State Victory Committee; 30,500, 8/2/4, 2004 Joint Candidate 
     Committee; 25,000, 2/25/04, Republican National Committee; 
     25,000, 9/12/03, Republican National Committee; 2,000, 6/20/
     03, Bush-Cheney '04; 1,000, 2/5/03, Kit Bond for U.S. Senate-
     Primary; 1,000, 4/18/02, James Talent for U.S. Senate-
     Primary; 1,000, 4/18/02, James Talent for U.S. Senate-
     General; 1,000, 4/18/02, Norm Coleman for U.S. Senate-
     Primary; 1,000, 4/18/02, Norm Coleman for U.S. Senate-
     General; 1,000, 4/18/02, John Thune for U.S. Senate-Primary; 
     1,000, 4/18/02, John Thune for U.S. Senate-General; 20,000, 
     4/30/01, Republican National Committee; 5,000, 5/14/00, 
     Victory 2004 California Republican Party; 15,000, 5/14/00, 
     Republican National Committee; 10,000, 12/20/99, 1999 State 
     Victory Fund; 5,000, 11/5/99, Victory 2000 California 
     Republican Party-Federal Account; 1,000, 3/7/99, George Bush 
     Presidential Exploratory Committee.
       3. Children and Spouses: Caroline Hunter Spogli (daughter), 
     none; William Alexander Ridley Considine, none.
       4. Parents: Helen Spogli, deceased; Valerio Spogli, none.
       5. Grandparents: Gesue Spogli, deceased; Marisilia 
     Bartecchi Spogli Sacco, deceased; Salvatore Boccadori, 
     deceased; Amelia Boccardori, deceased.
       6. Brothers and Spouses: Robert Spogli, 100, 3/4/04, Bush-
     Cheney; 100, 8/20/04, Republican National committee; 150, 8/
     8/98, Republican Congressional Committee;
       7. Sisters and Spouses: none.

                          ____________________




              INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

  The following bills and joint resolutions were introduced, read the 
first and second times by unanimous consent, and referred as indicated:

           By Mr. ALLEN:
       S. 4057. A bill to protect the second amendment rights of 
     individuals to carry firearms in units of the National Park 
     System; to the Committee on Energy and Natural Resources.
           By Mrs. BOXER (for herself and Mrs. Feinstein):
       S. 4058. A bill to expand the boundaries of the Gulf of the 
     Farallones National Marine Sanctuary and the Cordell Bank 
     National Marine Sanctuary; to the Committee on Commerce, 
     Science, and Transportation.
           By Mr. LAUTENBERG:
       S. 4059. A bill to prohibit departments, agencies, and 
     other instrumentalities of the Federal Government from 
     providing assistance to an entity for the development of 
     course material or the provision of instruction on human 
     development and sexuality, if such material or instruction 
     will include medically inaccurate information, and for other 
     purposes; to the Committee on Homeland Security and 
     Governmental Affairs.
           By Mr. DODD:
       S. 4060. A bill to amend the Military Commissions Act of 
     2006 to improve and enhance due process and appellate 
     procedures, and for other purposes; to the Committee on Armed 
     Services.
           By Mr. DODD:
       S. 4061. A bill to create, adopt, and implement rigorous 
     and voluntary American education content standards in 
     mathematics and science covering kindergarten through grade 
     12, to provide for the assessment of student proficiency 
     benchmarked against such standards, and for other purposes; 
     to the Committee on Health, Education, Labor, and Pensions.
           By Mr. INHOFE:
       S. 4062. A bill to freeze non-defense discretionary 
     spending at fiscal year 2007 levels effective in fiscal year 
     2008; to the Committee on the Budget.
           By Mr. FEINGOLD:
       S. 4063. A bill to provide for additional section 8 
     vouchers, to reauthorize the Public and Assisted Housing Drug 
     Elimination Program, and for other purposes; to the Committee 
     on Banking, Housing, and Urban Affairs.
           By Mr. CRAPO:
       S. 4064. A bill to improve the amendments made by the No 
     Child Left Behind Act of 2001; to the Committee on Health, 
     Education, Labor, and Pensions.
           By Mrs. CLINTON:
       S. 4065. A bill to direct the Attorney General to conduct a 
     study on the feasibility of collecting crime data relating to 
     the occurrence of school-related crime in elementary schools 
     and secondary schools; to the Committee on the Judiciary.
           By Mr. GRAHAM:
       S. 4066. A bill to prohibit the designation of Brazil under 
     title V of the Trade Act of 1974; to the Committee on 
     Finance.
           By Mr. LEAHY (for himself, Mr. Allard, Mr. Rockefeller, 
             Mr. Byrd, Mr. Inouye, Mr. Salazar, Mr. Roberts, Ms. 
             Snowe, Mr. Pryor, Mr. Enzi, Mrs. Clinton, and Mr. 
             Ensign):
       S. 4067. A bill to provide for secondary transmissions of 
     distant network signals for private home viewing by certain 
     satellite carriers; to the Committee on the Judiciary.
           By Mr. SUNUNU (for himself and Mr. Gregg):
       S. 4068. A bill to clarify provisions relating to statutory 
     copyright licenses for satellite carriers; to the Committee 
     on the Judiciary.
           By Mr. OBAMA:
       S. 4069. A bill to prohibit deceptive practices in Federal 
     elections; to the Committee on Rules and Administration.
           By Mr. AKAKA (for himself and Mr. Inouye):
       S. 4070. A bill to exempt children of certain Filipino 
     World War II veterans from the numerical limitations on 
     immigrant visas; to the Committee on the Judiciary.
           By Ms. LANDRIEU:
       S. 4071. A bill to amend the Internal Revenue Code of 1986 
     to extend the placed-in-service date requirement for low-
     income housing credit buildings and bonus depreciation 
     property and the period for rehabilitation expenditures in 
     the Gulf Opportunity Zone; to the Committee on Finance.
           By Ms. LANDRIEU (for herself and Mr. Kerry):
       S. 4072. A bill to address ongoing small business and 
     homeowner needs in the Gulf Coast States impacted by 
     Hurricane Katrina and Hurricane Rita; to the Committee on 
     Small Business and Entrepreneurship.
           By Mr. TALENT (for himself and Mr. Bond):
       S. 4073. A bill to designate the outpatient clinic of the 
     Department of Veterans Affairs located in Farmington, 
     Missouri, as the ``Robert Silvey Department of Veterans 
     Affairs Outpatient Clinic''; considered and passed.
           By Mr. ALLARD:
       S. 4074. A bill to provide certain counties with the 
     ability to receive television broadcast signals of their 
     choice; to the Committee on Commerce, Science, and 
     Transportation.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Mr. CHAMBLISS (for himself and Mr. Isakson):
       S. Res. 615. A resolution designating November 26, 2006, as 
     ``Drive Safer Sunday''; to the Committee on the Judiciary.
           By Mr. FRIST:
       S. Res. 616. A resolution authorizing the Majority Leader 
     and one staff member to travel to Mexico for the inauguration 
     of the new President of Mexico scheduled for December 2, 
     2006; considered and agreed to.
           By Mr. CHAMBLISS:
       S. Res. 617. A resolution designating November 2006 as 
     ``National Lung Cancer Awareness Month''; to the Committee on 
     the Judiciary.
           By Mr. CHAMBLISS (for himself and Mr. Isakson):
       S. Res. 618. A resolution designating November 26, 2006, as 
     ``Drive Safer Sunday''; considered and agreed to.
           By Mr. DURBIN (for himself, Mr. Coleman, Mr. Kennedy, 
             Mr. Harkin, Mr. Dayton, Mr. Feingold, Mr. Reed, Mr. 
             Dodd, Mrs. Murray, Mr. Lautenberg, and Mr. Leahy):
       S. Res. 619. A resolution expressing the sense of the 
     Senate that Senator Paul Wellstone should be remembered for 
     his compassion and leadership on social issues and that 
     Congress should act to end discrimination against citizens of 
     the United States who live with mental illness by making 
     legislation relating to mental health parity a priority for 
     the 110th Congress; considered and agreed to.
           By Mr. CHAMBLISS:
       S. Res. 620. A resolution designating November 2006 as 
     ``National Lung Cancer Awareness Month''; considered and 
     agreed to.
           By Mr. CRAPO (for himself, Mrs. Clinton, Mr. Lieberman, 
             Ms. Murkowski, and Mr. Menendez):
       S. Res. 621. A resolution designating the week of February 
     5 through February 9, 2007, as ``National Teen Dating 
     Violence Awareness and Prevention Week''; considered and 
     agreed to.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 408

  At the request of Mr. DeWine, the name of the Senator from Texas (Mr. 
Cornyn) was added as a cosponsor of S. 408, a bill to provide for 
programs and activities with respect to the prevention of underage 
drinking.


                                S. 1081

  At the request of Mr. Kyl, the name of the Senator from New Jersey 
(Mr. Menendez) was added as a cosponsor of S. 1081, a bill to amend 
title XVIII of the Social Security Act to provide for a minimum update 
for physicians' services for 2006 and 2007.

[[Page 22204]]




                                S. 1508

  At the request of Mr. Cochran, the name of the Senator from South 
Carolina (Mr. Graham) was added as a cosponsor of S. 1508, a bill to 
require Senate candidates to file designations, statements, and reports 
in electronic form.
  At the request of Mr. Feingold, the names of the Senator from 
Massachusetts (Mr. Kerry) and the Senator from Colorado (Mr. Salazar) 
were added as cosponsors of S. 1508, supra.


                                S. 2375

  At the request of Mr. Coleman, the name of the Senator from Maryland 
(Mr. Sarbanes) was added as a cosponsor of S. 2375, a bill to amend the 
Public Health Service Act to advance medical research and treatments 
into pediatric cancers, ensure patients and families have access to the 
current treatments and information regarding pediatric cancers, 
establish a population-based national childhood cancer database, and 
promote public awareness of pediatric cancers.


                                S. 2506

  At the request of Mr. Obama, the name of the Senator from Michigan 
(Mr. Levin) was added as a cosponsor of S. 2506, a bill to require 
Federal agencies to support health impact assessments and take other 
actions to improve health and the environmental quality of communities, 
and for other purposes.


                                S. 2990

  At the request of Mr. Vitter, the name of the Senator from Oklahoma 
(Mr. Inhofe) was added as a cosponsor of S. 2990, a bill to amend title 
XVIII of the Social Security Act to restore financial stability to 
Medicare anesthesiology teaching programs for resident physicians.


                                S. 3491

  At the request of Mr. Voinovich, the name of the Senator from Georgia 
(Mr. Isakson) was added as a cosponsor of S. 3491, a bill to establish 
a commission to develop legislation designed to reform tax policy and 
entitlement benefit programs and to ensure a sound fiscal future for 
the United States, and for other purposes.


                                S. 3677

  At the request of Mr. Bingaman, the name of the Senator from Colorado 
(Mr. Salazar) was added as a cosponsor of S. 3677, a bill to amend 
title XVIII of the Social Security Act to eliminate the in the home 
restriction for Medicare coverage of mobility devices for individuals 
with expected long-term needs.


                                S. 3678

  At the request of Mr. Burr, the name of the Senator from Georgia (Mr. 
Chambliss) was added as a cosponsor of S. 3678, a bill to amend the 
Public Health Service Act with respect to public health security and 
all-hazards preparedness and response, and for other purposes.


                                S. 3685

  At the request of Mr. Bond, the name of the Senator from North Dakota 
(Mr. Conrad) was added as a cosponsor of S. 3685, a bill to establish a 
grant program to provide vision care to children, and for other 
purposes.


                                S. 3744

  At the request of Mr. Durbin, the names of the Senator from 
California (Mrs. Feinstein) and the Senator from Georgia (Mr. 
Chambliss) were added as cosponsors of S. 3744, a bill to establish the 
Abraham Lincoln Study Abroad Program.


                                S. 3768

  At the request of Mr. Leahy, the name of the Senator from South 
Dakota (Mr. Johnson) was added as a cosponsor of S. 3768, a bill to 
prohibit the procurement of victim-activated landmines and other 
weapons that are designed to be victim-activated.


                                S. 3775

  At the request of Mr. Durbin, the name of the Senator from 
Mississippi (Mr. Cochran) was added as a cosponsor of S. 3775, a bill 
to amend the Foreign Assistance Act of 1961 to assist countries in sub-
Saharan Africa in the effort to achieve internationally recognized 
goals in the treatment and prevention of HIV/AIDS and other major 
diseases and the reduction of maternal and child mortality by improving 
human health care capacity and improving retention of medical health 
professionals in sub-Saharan Africa, and for other purposes.


                                S. 3787

  At the request of Mr. Santorum, the name of the Senator from 
Mississippi (Mr. Cochran) was added as a cosponsor of S. 3787, a bill 
to establish a congressional Commission on the Abolition of Modern-Day 
Slavery.


                                S. 3910

  At the request of Mrs. Clinton, the names of the Senator from 
Washington (Ms. Cantwell) and the Senator from Arkansas (Mr. Pryor) 
were added as cosponsors of S. 3910, a bill to direct the Joint 
Committee on the Library to accept the donation of a bust depicting 
Sojourner Truth and to display the bust in a suitable location in the 
Capitol.


                                S. 4014

  At the request of Mr. Lugar, the name of the Senator from Georgia 
(Mr. Chambliss) was added as a cosponsor of S. 4014, a bill to endorse 
further enlargement of the North Atlantic Treaty Organization (NATO) 
and to facilitate the timely admission of Albania, Croatia, Georgia, 
and Macedonia to NATO, and for other purposes.


                                S. 4046

  At the request of Ms. Collins, the names of the Senator from Iowa 
(Mr. Harkin) and the Senator from Arizona (Mr. McCain) were added as 
cosponsors of S. 4046, a bill to extend oversight and accountability 
related to United States reconstruction funds and efforts in Iraq by 
extending the termination date of the Office of the Special Inspector 
General for Iraq Reconstruction.
  At the request of Mr. Akaka, his name was added as a cosponsor of S. 
4046, supra.


                              S. RES. 549

  At the request of Mr. Santorum, the name of the Senator from 
Mississippi (Mr. Cochran) was added as a cosponsor of S. Res. 549, a 
resolution expressing the sense of the Senate regarding modern-day 
slavery.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      Mr. LAUTENBERG:
  S. 4059. A bill to prohibit departments, agencies, and other 
instrumentalities of the Federal Government from providing assistance 
to an entity for the development of course material or the provision of 
instruction on human development and sexuality, if such material or 
instruction will include medically inaccurate information, and for 
other purposes; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. LAUTENBERG. Mr. President, I rise to introduce and discuss my 
bill, the ``Guarantee of Medical Accuracy in Sex Education Act.''
  My bill would require that federally-funded sex education/abstinence 
only programs contain medically accurate and factual information as 
part of any course instruction.
  During the past few years, there has been an increase in the number 
of federally funded programs using curricula that provide medically 
inaccurate or misleading information.
  Some of these medical inaccuracies include teaching young people that 
HIV can be transmitted by sweat and tears, citing failure rates of 
condoms as high as 69 percent, as well as giving inaccurate symptoms 
and outcomes of sexually transmitted diseases. In addition, some 
federally funded programs provided erroneous information about basic 
scientific facts, for example, stating that human cells have 24 
chromosomes from each parent when in fact the number is 23.
  Inaccurate information regarding contraception and STD/HIV prevention 
can make sex education both dangerous and counterproductive. 
Responsible sex education, by contrast, is an important component of a 
strategy to reduce unintended pregnancies, decrease the number of 
abortions, and mitigate the incidence of STD's.
  Instruction regarding sexual health and reproduction that includes 
inaccurate or biased information is not only irresponsible, but it is 
also dangerous, and it puts our young people at risk for unintended 
pregnancy and disease.

[[Page 22205]]

  I urge my colleagues to support medically accurate sex-education--
programs that helps young people to develop the proper understanding of 
their sexuality, so they can make responsible decisions throughout 
their lives.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 4059

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Guarantee of Medical 
     Accuracy in Sex Education Act''.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) A 2006 Government Accountability Office report entitled 
     ``Abstinence Education: Efforts to Assess the Accuracy and 
     Effectiveness of Federally Funded Programs'' finds that the 
     Department of Health and Human Services does not review the 
     content of the major federally funded abstinence-only 
     education programs for accuracy.
       (2) All federally funded programs aimed at helping young 
     people make healthy decisions regarding their relationships 
     and sexual health should include medically accurate 
     information.
       (3) A 2004 report from the Minority Office of the Committee 
     on Government Reform of the House of Representatives found 
     serious medical inaccuracies associated with a large majority 
     of federally funded abstinence-only-until-marriage programs.
       (4) The Society for Adolescent Medicine (SAM) found in a 
     2006 position paper that abstinence-only-until-marriage 
     programs ``provide incomplete and/or misleading information'' 
     and states that ``efforts to promote abstinence should be 
     based on sound science''.
       (5) The American College of Obstetricians and Gynecologists 
     have also expressed ``the importance of ensuring that all 
     federally funded sexuality education programs include 
     information that is medically accurate and complete''.
       (6) The American Academy of Pediatrics (AAP) believes that 
     ``children and adolescents need accurate and comprehensive 
     education about sexuality to practice healthy sexual behavior 
     as adults''.
       (7) The American Public Health Association (APHA) 
     ``recognize[s] that sexuality is a normal, healthy aspect of 
     human development ... and that individuals of all ages 
     require complete and accurate information about all aspects 
     of sexuality''. APHA ``endorses the right of children and 
     youth to receive comprehensive sexuality education that 
     includes facts, information, and data and that demonstrates 
     an appreciation of racial, ethnic, and cultural diversity''.
       (8) The American Medical Association ``urges schools to 
     implement comprehensive, developmentally appropriate 
     sexuality education programs that are based on rigorous, peer 
     reviewed science''.
       (9) Over 1 billion dollars in citizen taxpayer money has 
     been spent on abstinence-only-until-marriage programs in the 
     past quarter century without significant monitoring of the 
     content of these programs in order to guarantee they contain 
     medically accurate information and exclude inaccurate data.

     SEC. 3. MEDICALLY INACCURATE SEX EDUCATION.

       (a) Requirements.--A department, agency, or other 
     instrumentality of the Federal Government shall not provide 
     funds or other assistance to an entity for the development of 
     course material or the provision of instruction on human 
     development and sexuality, including any sex education, 
     family life education, abstinence education, comprehensive 
     health education, or character education, if such material or 
     instruction will include medically inaccurate information. 
     Before providing such funds or other assistance, the 
     department, agency, or instrumentality shall require a 
     sufficient assurance that such material or instruction will 
     not include medically inaccurate information.
       (b) Definitions.--In this Act, the term ``medically 
     inaccurate information'' means information related to 
     medical, psychiatric, psychological, empirical, or 
     statistical statements that is unsupported or contradicted by 
     peer-reviewed research by leading medical, psychological, 
     psychiatric, and public health organizations and agencies.
                                 ______
                                 
      By Mr. DODD:
  S. 4060. A bill to amend the Military Commissions Act of 2006 to 
improve and enhance due process and appellate procedures, and for other 
purposes; to the Committee on Armed Services.
  Mr. DODD. Mr. President: I rise to introduce the Effective Terrorists 
Prosecution Act of 2006. This legislation would make critically 
important changes to the measure that Congress narrowly approved on 
September 29, the Mi1itary Commissions Act of 2006. Let me be clear 
from the outset of my remarks. I will take a backseat to no one when it 
comes to defending our country against terrorism. I fully support the 
use of military commissions to protect U.S. intelligence and expedite 
judicial proceedings vital to military action under the Uniform Code of 
Military Justice. Unlike the Administration, I trust the United States 
military and our legal system to arbitrate decisions related to enemy 
combatants.
  I strongly believe that terrorists who seek to destroy America must 
be punished for any wrongs they commit against this country. But in my 
view, in order to sustain America's moral authority and win a lasting 
victory against our enemies, such punishment must be meted out only in 
accordance with the rule of law.
  My legislation provides essential legal tools for our war on terror 
in seven key ways: It restores the writ of habeas corpus for 
individuals held in U.S. custody. It narrows the definition of unlawful 
enemy combatant to individuals who directly participate in hostilities 
against the United States who are not lawful combatants. It prevents 
the use of evidence in court gained through the unreliable and immoral 
practices of torture and coercion. It empowers military judges to 
exclude hearsay evidence they deem to be unreliable. It authorizes the 
U.S. Court of Appeals for the Armed Forces to review decisions by the 
military commissions. It limits the authority of the President to 
interpret the meaning and application of the Geneva Conventions and 
makes that authority subject to congressional and judicial oversight. 
Finally, it provides for expedited judicial review of the Military 
Commissions Act of 2006 to determine the constitutionality of its 
provisions.
  Before I elaborate on each of these critical points, let me simply 
underscore the point that for more than 200 years, our Nation has 
served as a shining example in its promotion of civil and human rights 
throughout the world. Denial of basic legal proceedings to individuals 
held in the custody of the United States has raised questions over our 
basic adherence to the U.S. Constitution and also diminished our 
reputation around the world. American citizens are questioning their 
own government's judgments, terrorists are citing American abuses to 
recruit new loyalists, and American servicemembers fear detention 
overseas under similarly abusive conditions in violation of their human 
rights.
  Supporters of the administration's law may say that to speak out 
against its enactment is being soft on terrorism. Not only is this 
sentiment wholly inaccurate, it underestimates a fundamental strength 
of our Nation and the best defense against terrorists--respect for the 
rule of law.
  For instance, the administration-backed law eliminates the principle 
of habeas corpus which has served as the backbone of common law since 
before the Magna Carta in the 13th century. Under the writ of habeas 
corpus independent courts may review the legality of custody decisions. 
My legislation would restore this basic tenet in the context of 
military commissions.
  The administration's approach allows the President to remove anyone 
he so chooses from America's standard jurisprudence and designate him 
or her as an ``unlawful enemy combatant'' if he has engaged in 
hostilities or supported hostilities against the United States. Such 
individuals are subject to arrest and detention indefinitely without 
charge. In contrast, my legislation allows the designation of 
``unlawful enemy combatants'' only for those individuals engaged in 
armed conflict against the United States. This provision seeks to 
curtail potential abuse of the enemy combatant designation so that 
holding individuals in detention indefinitely without a trial will 
prove to be the exception rather than the norm.
  Also, unlike the law backed by the administration, my bill further 
promotes humane treatment of military personnel by prohibiting the use 
of evidence gained by coercion in a trial. Such a provision is 
critically important for two reasons. First, the use of torture has 
been proven ineffective in

[[Page 22206]]

interrogations when a detainee simply says what he believes an 
interrogator wants to hear in order to stop the torture. Second it 
deprives foreign militaries the ability to cite U.S. actions to justify 
their own misconduct toward future American POWs.
  My bill grants discretion to military judges to exclude hearsay 
evidence determined to be unreliable. Under my legislation, judges are 
given discretion in the event that classified evidence has a bearing on 
the innocence of an individual, but is excluded due to national 
security concerns and declassified alternatives are insufficient. 
America's military judges have been fully trained and prepared to 
handle classified information. The Bush administration's failure to 
recognize this fact is an insult to the men and women of our military's 
bench and an affront to the U.S. military legal system. Moreover, my 
bill properly grants the Armed Forces judicial review of these 
decisions unlike the administration's law which denies the United 
States Court of Appeals of the Armed Forces the right to hearing 
military commission appeals.
  And, just as important as restoring our commitment in the Uniform 
Code of Military Justice, my legislation would also reaffirm America's 
commitment to the contents of the Geneva Conventions. In contrast, the 
Administration's Military Commissions Act gives unprecedented authority 
to the president to define what interrogation techniques constitute 
``grave breaches'' of the Geneva Conventions. The United States 
President should not have the right to unilaterally define the legal 
boundaries of torture. The United States Congress has ratified 
universally recognized conventions prohibiting such conduct, and the 
President should recognize them as the law of the land. Indeed, there 
is a lesson to be learned in the events of the last 6 years, 
particularly in the case of Abu Ghraib, when not only was our Nation's 
reputation tarnished, but our commitment to the rule of law was 
credibly called into question. This is not the America our Nation's 
greatest generations have long fought for. Our country would have been 
better served if we had looked to the pages of history to guide us 
through this national crisis.
  Just 60 years ago, the United States confronted the daunting task of 
bringing history's most despicable war criminals to justice. In 
determining how to deal with Nazi leaders guilty of grave atrocities, 
our country never forgot its pivotal role as the leader of the free 
world. There were strong and persuasive voices crying for the execution 
of these men who had commanded, with ruthless efficiency, the slaughter 
of 6 million innocent Jews and 5 million other innocent men, women, and 
children. Why should these men who had extinguished so many lives be 
given a trial at all? Why should they not be subjected to the same fate 
to which they had subjected countless innocent people? Why not just 
shoot them, as Winston Churchill wanted? Why not just give in to legal 
scholars, who said there was no court, no judge, no laws, and no 
precedent?
  Why not? Because, as I have recounted on this floor on several 
occasions, America has always stood for something more. Our leaders at 
Nuremberg, including the young prosecutor Thomas Dodd, my father, 
rejected the certainty of execution for the uncertainty of a trial. In 
doing so, we reaffirmed the ideal that this Nation should never tailor 
its eternal principles to the conflict of the moment, because if we 
did, we would be walking in the footsteps of the enemies we despised.
  Almost 60 years to the day after the Nuremberg verdicts, Congress 
passed the Military Commissions Act, with the support of the 
administration which steps away from the high principles established at 
Nuremberg and honored in the decades since. In my view, this law has 
dishonored our Nation's proud history.
  Indeed, to watch the Senate, on the anniversary of Nuremberg, negate 
these great principles and traditions was one of the saddest days I 
have seen in a quarter century of service in this body. It pains me to 
no end to have seen the administration and its allies rush this bill 
through Congress in the days before an election with hopes of 
exploiting Americans' fears of a terrorist attack. This administration 
would have the American people believe that the war on terror requires 
a choice between protecting America from terrorism and upholding the 
basic tenets upon which our country was founded--but not both. This 
canard is untrue and frankly negligent.
  I believe that the United States Congress made a crucial mistake. And 
that is why the final provision in my bill is perhaps the most 
important one--it will ensure that each of the provisions of the 
administration's Military Commission Act is quickly reviewed by our 
Nation's courts, and appropriately evaluated for their 
constitutionality. I do not pretend to have all the answers regarding 
the legality and probity of this highly controversial statute. But I 
believe it is essential for America's security and moral authority to 
allow those best qualified to make these judgments--members of our 
esteemed judiciary--to have an opportunity to overturn the most 
egregious provisions of this Act.
  In turn, we in Congress have our own obligation, to work in a 
bipartisan way to repair the damage that has been done, to protect our 
international reputation, to preserve our domestic traditions, and to 
provide a successful mechanism to improve and enhance the tools 
required by the global war on terror.
  I urge my colleagues to consider the consequences if we fail to 
correct the mistakes that have been made. I hope that Congress and the 
administration will take a serious look at my proposal and work with me 
to improve the current system, for the sake of our security, our 
international standing, and our commitment to the rule of law.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection the bill was ordered to be printed in the 
Record, as follows:

                                S. 4060

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Effective Terrorists 
     Prosecution Act of 2006''.

     SEC. 2. DEFINITION OF UNLAWFUL ENEMY COMBATANT.

       Paragraph (1) of section 948a of title 10, United States 
     Code (as enacted by the Military Commissions Act of 2006 
     (Public Law 109-366)), is amended to read as follows:
       ``(1) Unlawful enemy combatant.--The term `unlawful enemy 
     combatant' means an individual who directly participates in 
     hostilities as part of an armed conflict against the United 
     States who is not a lawful enemy combatant. The term is used 
     solely to designate individuals triable by military 
     commission under this chapter.''.

     SEC. 3. DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS BY 
                   COMBATANT STATUS REVIEW TRIBUNAL NOT 
                   DISPOSITIVE FOR PURPOSES OF JURISDICTION OF 
                   MILITARY COMMISSIONS.

       Section 948d of title 10, United States Code (as enacted by 
     the Military Commissions Act of 2006 (Public Law 109-366)), 
     is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsection (c).

     SEC. 4. EXCLUSION FROM TRIAL BY MILITARY COMMISSION OF 
                   STATEMENTS OBTAINED BY COERCION.

       Section 948r of title 10, United States Code (as enacted by 
     the Military Commissions Act of 2006 (Public Law 109-366)), 
     is amended by striking subsections (c) and (d) and inserting 
     the following new subsection (c):
       ``(c) Exclusion of Statements Obtained by Coercion.--A 
     statement obtained by use of coercion shall not be admissible 
     in a military commission under this chapter, except against a 
     person accused of coercion as evidence that the statement was 
     made.''.

     SEC. 5. DISCRETION OF MILITARY JUDGE TO EXCLUDE HEARSAY 
                   EVIDENCE DETERMINED TO BE UNRELIABLE OR LACKING 
                   IN PROBATIVE VALUE.

       Section 949a(b)(2)(E)(ii) of title 10, United States Code 
     (as enacted by the Military Commissions Act of 2006 (Public 
     Law 109-366)), is amended by striking ``if the party opposing 
     the admission of the evidence demonstrates that the evidence 
     is unreliable or lacking in probative value'' and inserting 
     ``if the military judge determines, upon motion by counsel, 
     that the evidence is unreliable or lacking in probative 
     value''.

[[Page 22207]]



     SEC. 6. DISCRETION OF MILITARY JUDGE TO TAKE CERTAIN ACTIONS 
                   IN EVENT THAT A SUBSTITUTE FOR CLASSIFIED 
                   EXCULPATORY EVIDENCE IS INSUFFICIENT TO PROTECT 
                   THE RIGHT OF A DEFENDANT TO A FAIR TRIAL.

       Section 949j(d)(1) of title 10, United States Code (as 
     enacted by the Military Commissions Act of 2006 (Public Law 
     109-366)), is amended by adding at the end the following: 
     ``If the military judge determines that the substitute is not 
     sufficient to protect the right of the defendant to a fair 
     trial, the military judge may--
       ``(A) dismiss the charges in their entirety;
       ``(B) dismiss the charges or specifications or both to 
     which the information relates; or
       ``(C) take such other actions as may be required in the 
     interest of justice.''.

     SEC. 7. REVIEW OF MILITARY COMMISSION DECISIONS BY UNITED 
                   STATES COURT OF APPEALS FOR THE ARMED FORCES 
                   RATHER THAN COURT OF MILITARY COMMISSION 
                   REVIEW.

       (a) Review.--
       (1) In general.--Section 950f of title 10, United States 
     Code (as enacted by the Military Commissions Act of 2006 
     (Public Law 109-366)), is amended to read as follows:

     ``Sec. 950f. Review by Court of Appeals for the Armed Forces

       ``(a) Cases To Be Reviewed.--The United States Court of 
     Appeals for the Armed Forces, in accordance with procedures 
     prescribed under regulations of the Secretary, shall review 
     the record in each case that is referred to the Court by the 
     convening authority under section 950c of this title with 
     respect to any matter of law raised by the accused.
       ``(b) Scope of Review.--In a case reviewed by the United 
     States Court of Appeals for the Armed Forces under this 
     section, the Court may only act with respect to matters of 
     law.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter VI of chapter 47A of such title (as 
     so enacted) is amended by striking the item relating to 
     section 950f and inserting the following new item:

``950f. Review by Court of Appeals for the Armed Forces.''.

       (b) Conforming Amendments.--
       (1) In general.--Chapter 47A of title 10, United States 
     Code (as so enacted), is further amended as follows:
       (A) In section 950c(a), by striking ``the Court of Military 
     Commission Review'' and inserting ``the United States Court 
     of Appeals for the Armed Forces''.
       (B) In section 950d, by striking ``the Court of Military 
     Commission Review'' each place it appears and inserting ``the 
     United States Court of Appeals for the Armed Forces''.
       (C) In section 950g(a)(2), by striking ``the Court of 
     Military Commission Review'' each place it appears and 
     inserting ``the United States Court of Appeals for the Armed 
     Forces''.
       (D) In section 950h, by striking ``the Court of Military 
     Commission Review'' each place it appears and inserting ``the 
     United States Court of Appeals for the Armed Forces''.
       (2) Uniform code of military justice.--Section 867a(a) of 
     title 10, United States Code (article 67a(a) of the Uniform 
     Code of Military Justice), is amended by striking 
     ``Decisions'' and inserting ``Except as provided in sections 
     950d and 950g of this title, decisions''.

     SEC. 8. IMPLEMENTATION OF TREATY OBLIGATIONS.

       (a) In General.--Section 6(a) of the Military Commissions 
     Act of 2006 (Public Law 109-366) is amended--
       (1) in paragraph (2)--
       (A) in the first sentence, by inserting after 
     ``international character'' the following: ``and preserve the 
     capacity of the United States to prosecute nationals of enemy 
     powers for engaging in acts against members of the United 
     States Armed Forces and United States citizens that have been 
     prosecuted by the United States as war crimes in the past''; 
     and
       (B) by striking the second sentence; and
       (2) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) by striking ``the President has the authority for the 
     United States to interpret the meaning and application of the 
     Geneva Conventions and to promulgate'' and inserting ``the 
     President has the authority, subject to congressional 
     oversight and judicial review, to promulgate''; and
       (ii) by striking ``higher standards and'';
       (B) in subparagraph (B), by striking ``interpretations'' 
     and inserting ``rules''; and
       (C) by amending subparagraph (D) to read as follows:
       ``(D) The President shall notify other parties to the 
     Geneva Conventions that the United States expects members of 
     the United States Armed Forces and other United States 
     citizens detained in a conflict not of an international 
     character to be treated in a manner consistent with the 
     standards described in subparagraph (A) and embodied in 
     section 2441 of title 18, United States Code, as amended by 
     subsection (b).''.
       (b) Modifications of War Crimes Offenses.--
       (1) Inclusion of denial of trial rights among offenses.--
     Paragraph (1) of section 2441(d) of title 18, United States 
     Code (as enacted by the Military Commissions Act of 2006), is 
     amended by adding at the end the following new subparagraph:
       ``(J) Denial of trial rights.--The act of a person who 
     intentionally denies one or more persons the right to be 
     tried before a regularly constituted court affording all the 
     judicial guarantees which are recognized as indispensable by 
     civilized peoples as prescribed by common Article 3 of the 
     Geneva Conventions.''.
       (2) Definition of serious physical pain or suffering.--
     Clause (ii) of subparagraph ((D) of paragraph (2) of such 
     section (as so enacted) is amended to read as follows:
       ``(ii) serious physical pain;''.

     SEC. 9. RESTORATION OF HABEAS CORPUS FOR INDIVIDUALS DETAINED 
                   BY THE UNITED STATES.

       (a) Restoration.--Subsection (e) of section 2241 of title 
     28, United States Code, as amended by section 7(a) of the 
     Military Commissions Act of 2006 (Public Law 109-366), is 
     repealed.
       (b) Conforming Amendment.--Subsection (b) of section 7 of 
     the Military Commissions Act of 2006 (Public Law 109-366) is 
     repealed.

     SEC. 10. EXPEDITED JUDICIAL REVIEW OF MILITARY COMMISSIONS 
                   ACT OF 2006.

       Notwithstanding any other provision of law, the following 
     rules shall apply to any civil action, including an action 
     for declaratory judgment, that challenges any provision of 
     the Military Commissions Act of 2006 (Public Law 109-366), or 
     any amendment made by that Act, on the ground that such 
     provision or amendment violates the Constitution or the laws 
     of the United States:
       (1) The action shall be filed in the United States District 
     Court for the District of Columbia and shall be heard in that 
     Court by a court of three judges convened pursuant to section 
     2284 of title 28, United States Code.
       (2) An interlocutory or final judgment, decree, or order of 
     the United States District Court for the District of Columbia 
     in an action under paragraph (1) shall be reviewable as a 
     matter of right by direct appeal to the Supreme Court of the 
     United States. Any such appeal shall be taken by a notice of 
     appeal filed within 10 days after the date on which such 
     judgment, decree, or order is entered. The jurisdictional 
     statement with respect to any such appeal shall be filed 
     within 30 days after the date on which such judgment, decree, 
     or order is entered.
       (3) It shall be the duty of the United States District 
     Court for the District of Columbia and the Supreme Court of 
     the United States to advance on the docket and to expedite to 
     the greatest possible extent the disposition of any action or 
     appeal, respectively, brought under this section.

     SEC. 11. EFFECTIVE DATE.

       The amendments made by this Act shall take effect on 
     October 17, 2006, the date of the enactment of the Military 
     Commissions Act of 2006 (Public Law 109-366), immediately 
     after the enactment of that Act and shall apply to all cases, 
     without exception, that are pending on or after such date.
                                 ______
                                 
      By Mr. DODD:
  S. 4061. A bill to create, adopt, and implement rigorous and 
voluntary American education content standards in mathematics and 
science covering kindergarten through grade 12, to provide for the 
assessment of student proficiency bench marked against such standards, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.
   Mr. DODD. Mr. President, I rise today to introduce The Standards to 
Provide Educational Access for Kids (SPEAK) Act. This bill will create, 
adopt, and implement voluntary core American education content 
standards in math and science while incentivizing states to adopt them.
  America's leadership, economic, and national security rest on our 
commitment to educate and prepare our youth to succeed in a global 
economy. The key to succeeding in this endeavor is to have high 
expectations for all American students as they progress through our 
nation's schools.
  Currently there are 50 different sets of academic standards, 50 State 
assessments, and 50 definitions of proficiency under the No Child Left 
Behind Act. As a result of varied standards, exams and proficiency 
levels, America's highly mobile student-aged population moves through 
the nation's schools gaining widely varying levels of knowledge, skills 
and preparedness. And yet, in order for the United States to compete in 
a global economy, we must strengthen our educational expectations for 
all American children--we must compete as one Nation.
  Recent international comparisons show that American students have 
significant shortcomings in math and science. Many lack the basic 
skills required for college or the workplace.

[[Page 22208]]

This affects our economic and national security: It holds us back in 
the global marketplace and risks ceding our competitive edge. This is 
unacceptable.
  America was founded on the notion of ensuring equity in opportunity 
for all. And yet, we risk both when we allow different students in 
different states to graduate from high school with very different 
educations. We live in a Nation with an unacceptably high high school 
dropout rate. We live in a nation where 8th graders in some states 
score more than 30 points higher on tests of basic science knowledge 
than students in other states. I ask my colleagues today what equality 
of opportunity we have under such circumstances.
  This is where American standards come in. Voluntary, core American 
standards in math and science are the first step in ensuring that all 
American students are given the same opportunity to learn to a high 
standard no matter where they reside. They will allow for meaningful 
comparisons of student academic achievement across states, help ensure 
that American students are academically qualified to enter college, or 
training for the civilian or military workforce, and, help ensure that 
students are better prepared to compete in the global marketplace. 
Uniform standards are a first step in maintaining America's competitive 
and national security edge.
  While I realize there will be resistance to such efforts, education 
is after all a state endeavor; we cannot ignore that at the end of the 
day America competes as one country on the global marketplace. This 
does not mean that I am asking States to cede their authority in 
education. What the bill simply proposes is that we the convening power 
of the federal government to develop standards and then provide states 
with incentives to adopt them.
  At the end of the day, this is a voluntary measure. States will 
choose whether or not to participate. States that do participate, while 
required to adopt the American standards, will be given the flexibility 
to make them their own. They will have the option to add additional 
content requirements, they will have final say in how coursework is 
sequenced, and, ultimately, States and districts will still be the ones 
developing the curriculum, choosing the textbooks and administering the 
tests. The standards provided for under this legislation will simply 
serve as a common core.
  Here is what the SPEAK Act will do. It will task the National 
Assessment Governing Board (NAGB) with creating rigorous and voluntary 
core American education content standards in math and science for 
grades K-12. It will require that such standards be anchored in the 
National Assessment of Educational Progress' (NAEP) math and science 
frameworks. It will ensure that such standards are internationally 
competitive and comparable to the best standards in the world. It will 
develop rigorous achievement levels. It will ensure that varying 
developmental levels of students are taken into account in the 
development of such standards. It will provide for periodic review and 
update of such standards. It will allow participating States the 
flexibility to add additional standards to the core. And, it 
establishes an American standards Incentive Fund to incentivize states 
to adopt the standards. Among the benefits of participating is a huge 
infusion of funds for states to bolster their K-12 data systems.
  What I propose today is a first step. A first step in regaining our 
competitive edge. A first step in ensuring that all American students 
have the opportunity to receive a first class, high-quality, 
competitive education. I am hoping that the bill I introduce today will 
at the very least spark a discussion. A discussion about what it is 
that we want for future generations and how we will set along the path 
to get it to them.
  I hope that my colleagues will join me in supporting the SPEAK Act 
and look forward to resuming the discussion and reintroducing this 
important initiative in the coming Congress.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was was ordered to be printed in 
the Record, as follows:

                                S. 4061

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Standards to Provide 
     Educational Access for Kids Act'' or the ``SPEAK Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Throughout the years, educators and policymakers have 
     consistently embraced standards as the mechanism to ensure 
     that every student, no matter what school the student 
     attends, masters the skills and develops the knowledge needed 
     to participate in a global economy.
       (2) Recent international comparisons make clear that 
     students in the United States have significant shortcomings 
     in mathematics and science, yet a high level of scientific 
     and mathematics literacy is essential to societal innovations 
     and advancements.
       (3) With more than 50 different sets of academic content 
     standards, 50 State academic assessments, and 50 definitions 
     of proficiency under section 1111(b) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311(b)), there is 
     great variability in the measures, standards, and benchmarks 
     for academic achievement in mathematics and science.
       (4) Variation in State standards and the accompanying 
     measures of proficiency make it difficult for parents and 
     teachers to meaningfully gauge how well their children are 
     learning mathematics and science in comparison to their peers 
     internationally or here at home.
       (5) The disparity in the rigor of standards across States 
     results in test results that tell the public little about how 
     schools are performing and progressing, as States with low 
     standards or low proficiency scores may appear to be doing 
     much better than States with more rigorous standards or 
     higher requirements for proficiency.
       (6) As a result, the United States' highly mobile student-
     aged population moves through the Nation's schools gaining 
     widely varying levels of knowledge, skills, and preparedness.
       (7) In order for the United States to compete in a global 
     economy, the country needs to strengthen its educational 
     expectations for all children.
       (8) To compete, the people of the United States must 
     compare themselves against international benchmarks.
       (9) Grounded in a real world analysis and international 
     comparisons of what students need to succeed in work and 
     college, rigorous and voluntary core American education 
     content standards will keep the United States economically 
     competitive and ensure that the children of the United States 
     are given the same opportunity to learn to a high standard no 
     matter where they reside.
       (10) Rigorous and voluntary core American education content 
     standards in mathematics and science will enable students to 
     succeed in academic settings across States while ensuring an 
     American edge in the global marketplace.

     SEC. 3. ASSESSING SCIENCE IN THE NATIONAL ASSESSMENT OF 
                   EDUCATIONAL PROGRESS.

       (a) National Assessment of Educational Progress 
     Authorization Act.--Section 303 of the National Assessment of 
     Educational Progress Authorization Act (20 U.S.C. 9622) is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (2)--
       (i) in subparagraph (B), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science'';
       (ii) in subparagraph (C), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science'';
       (iii) in subparagraph (D), by striking ``science,'';
       (iv) in subparagraph (E), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science'';
       (B) in paragraph (3)--
       (i) in subparagraph (A), by striking ``reading and 
     mathematics'' each place the term occurs and inserting 
     ``reading, mathematics, and science''; and
       (ii) in subparagraph (C)(ii), by striking ``reading and 
     mathematics'' and inserting ``reading, mathematics, and 
     science''; and
       (C) in paragraph (4)(B), by striking ``, require, or 
     influence'' and inserting ``or require''; and
       (2) in subsection (d)(3), by striking ``reading and 
     mathematics'' each place the term occurs and inserting 
     ``reading, mathematics, and science''.
       (b) Elementary and Secondary Education Act of 1965.--
     Subpart 1 of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is 
     amended--
       (1) in section 1111(c)(2) (20 U.S.C. 6311(c)(2))--
       (A) by inserting ``(and, for science, beginning with the 
     2007-2008 school year)'' after ``2002-2003''; and

[[Page 22209]]

       (B) by striking ``reading and mathematics'' and inserting 
     ``reading, mathematics, and science''; and
       (2) in section 1112(b)(1)(F) (20 U.S.C. 6312(b)(1)(F)), by 
     striking ``reading and mathematics'' and inserting ``reading, 
     mathematics, and science''.

     SEC. 4. DEFINITIONS.

       Section 304 of the National Assessment of Educational 
     Progress Authorization Act (20 U.S.C. 9623) is amended--
       (1) in the matter preceding paragraph (1), by striking ``In 
     this title:'' and inserting ``Except as otherwise provided, 
     in this title:'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Education.''.

     SEC. 5. VOLUNTARY AMERICAN EDUCATION CONTENT STANDARDS; 
                   AMERICAN STANDARDS INCENTIVE FUND.

       The National Assessment of Educational Progress 
     Authorization Act (20 U.S.C. 9621 et seq.) is amended--
       (1) by redesignating sections 304 (as amended by section 4) 
     and 305 as sections 306 and 307, respectively; and
       (2) by inserting after section 303 the following:

     ``SEC. 304. CREATION AND ADOPTION OF VOLUNTARY AMERICAN 
                   EDUCATION CONTENT STANDARDS.

       ``(a) In General.--Not later than 3 years after the date of 
     enactment of the Standards to Provide Educational Access for 
     Kids Act and from amounts appropriated under section 
     307(a)(3) for a fiscal year, the Assessment Board shall 
     create and adopt voluntary American education content 
     standards in mathematics and science covering kindergarten 
     through grade 12.
       ``(b) Duties.--The Assessment Board shall implement 
     subsection (a) by carrying out the following duties:
       ``(1) Create and adopt voluntary American education content 
     standards for mathematics and science covering kindergarten 
     through grade 12 that reflect a common core of what students 
     in the United States should know and be able to do to compete 
     in a global economy.
       ``(2) Anchor the voluntary American education content 
     standards based on the mathematics and science frameworks and 
     the achievement levels under section 303(e) of the National 
     Assessment of Educational Progress for grades 4, 8, and 12.
       ``(3) Ensure that the voluntary American education content 
     standards are internationally competitive and comparable to 
     the best standards in the world.
       ``(4) Review State standards in mathematics and science as 
     of the date of enactment of the Standards to Provide 
     Educational Access for Kids Act and consult and work with 
     entities that are developing, or have already developed, such 
     State standards.
       ``(5) Review the reports, views, and analyses of a broad 
     spectrum of experts and the public as such reports, views, 
     and analyses relate to mathematics and science education, 
     including reviews of blue ribbon reports, exemplary practices 
     in the field, and recent reports by government agencies and 
     professional organizations.
       ``(6) Ensure that the voluntary American education content 
     standards reflect the best thinking about the knowledge, 
     skills, and competencies needed for a high degree of 
     scientific and mathematical understanding.
       ``(7) Ensure that varying developmental levels of students 
     are taken into account in the development of the voluntary 
     American education content standards.
       ``(8) Ensure that the voluntary American education content 
     standards reflect what students will be required to know and 
     be able to do after secondary school graduation to be 
     academically qualified to enter an institution of higher 
     education or training for the civilian or military workforce.
       ``(9) Widely disseminate the voluntary American education 
     content standards for public review and comment before final 
     adoption.
       ``(10) Provide for continuing review of the voluntary 
     American education content standards not less often than once 
     every 10 years, which review--
       ``(A) shall solicit input from outside organizations and 
     entities, including--
       ``(i) 1 or more professional mathematics or science 
     organizations;
       ``(ii) the State educational agencies that have received 
     American Standards Incentive Fund grants under section 305 
     during the period covered by the review; and
       ``(iii) other organizations and entities, as determined 
     appropriate by Assessment Board; and
       ``(B) shall address issues including--
       ``(i) whether the voluntary American education content 
     standards continue to reflect international standards of 
     excellence and the latest developments in the fields of 
     mathematics and science; and
       ``(ii) whether the voluntary American education content 
     standards continue to reflect what students are required to 
     know and be able to do in science and mathematics after 
     graduation from secondary school to be academically qualified 
     to enter an institution of higher education or training for 
     the civilian or military workforce, as of the date of the 
     review.

     ``SEC. 305. THE AMERICAN STANDARDS INCENTIVE FUND.

       ``(a) Establishment of Fund.--From amounts appropriated 
     under section 307(a)(4) for a fiscal year, the Secretary 
     shall establish and fund the American Standards Incentive 
     fund to carry out the grant program under subsection (b).
       ``(b) Incentive Grant Program Authorized.--
       ``(1) In general.--Not later than 12 months after the 
     Assessment Board adopts the voluntary American education 
     content standards under section 304, the Secretary shall use 
     amounts available from the American Standards Incentive fund 
     to award, on a competitive basis, grants to State educational 
     agencies to enable each State educational agency to adopt the 
     voluntary American education content standards in mathematics 
     and science as the core of the State's academic content 
     standards in mathematics and science by carrying out the 
     activities described in subsection (e).
       ``(2) Duration and amount.--A grant under this subsection 
     shall be awarded--
       ``(A) for a period of not more than 4 years; and
       ``(B) in an amount that is not more than $4,000,000 over 
     the period of the grant.
       ``(c) Core Standards.--A State educational agency receiving 
     a grant under subsection (b) shall adopt and use the 
     voluntary American education content standards in mathematics 
     and science as the core of the State academic content 
     standards in mathematics and science. The State educational 
     agency may add additional standards to the voluntary American 
     education content standards as part of the State academic 
     content standards in mathematics and science.
       ``(d) State Application.--A State educational agency 
     desiring to receive a grant under subsection (b) shall submit 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require. 
     The application shall include--
       ``(1) timelines for carrying out each of the activities 
     described in subsection (e)(1); and
       ``(2) a description of the activities that the State 
     educational agency will undertake to implement the voluntary 
     American education content standards in mathematics and 
     science adopted under section 304, and the achievement levels 
     in mathematics and science developed under section 303(e) for 
     the national and State assessments of the National Assessment 
     of Educational Progress, at both the State educational agency 
     and local educational agency levels, including any additional 
     activities described in subsection (e)(2).
       ``(e) Use of Funds.--
       ``(1) Mandatory activities.--A State educational agency 
     receiving a grant under subsection (b) shall use grant funds 
     to carry out all of the following:
       ``(A) Adopt the voluntary American education content 
     standards in mathematics and science as the core of the 
     State's academic content standards in mathematics and science 
     not later than 2 years after the receipt of a grant under 
     this section.
       ``(B) Align the teacher certification or licensure, pre-
     service, and professional development requirements of the 
     State to the voluntary American education content standards 
     in mathematics and science not later than 3 years after the 
     receipt of the grant.
       ``(C) Align the State academic assessments in mathematics 
     and science (or develop new such State academic assessments 
     that are aligned) with the voluntary American education 
     content standards in mathematics and science not later than 4 
     years after the receipt of the grant.
       ``(D) Align the State levels of achievement in mathematics 
     and science with the student achievement levels in 
     mathematics and science developed under section 303(e) for 
     the national and State assessments of the National Assessment 
     of Educational Progress.
       ``(2) Permissive activities.--A State educational agency 
     receiving a grant under subsection (b) may use the grant 
     funds to carry out, at the local educational agency or State 
     educational agency level, any of the following activities:
       ``(A) Train teachers and administrators on how to 
     incorporate the voluntary American education content 
     standards in mathematics and science into classroom 
     instruction.
       ``(B) Develop curricula and instructional materials in 
     mathematics or science that are aligned with the voluntary 
     American education content standards in mathematics and 
     science.
       ``(C) Develop performance standards in mathematics or 
     science to accompany the voluntary American education content 
     standards in mathematics and science.
       ``(D) Conduct other activities needed for the 
     implementation of the voluntary American education content 
     standards in mathematics and science.
       ``(3) Priority.--In awarding grants under this section the 
     Secretary shall give priority to a State educational agency 
     that will use the grant funds to carry out all of the 
     activities described in subparagraphs (A), (B), and (C) of 
     paragraph (2).

[[Page 22210]]

       ``(f) Award Basis.--In determining the amount of a grant 
     under subsection (b), the Secretary shall take into 
     consideration--
       ``(1) the extent to which a State's academic content 
     standards, State academic assessments, levels of achievement 
     in mathematics and science, and teacher certification or 
     licensure, pre-service, and professional development 
     requirements, must be revised to align such State standards, 
     assessments, levels, and teacher requirements with the 
     voluntary American education content standards adopted under 
     section 304 and the achievement levels in mathematics and 
     science developed under section 303(e); and
       ``(2) the planned activities described in the application 
     submitted under subsection (d).
       ``(g) Annual State Educational Agency Reports.--A State 
     educational agency receiving a grant under subsection (b) 
     shall submit an annual report to the Secretary demonstrating 
     the State educational agency's progress in meeting the 
     timelines described in the application under subsection 
     (d)(1).
       ``(h) Grants for DoD and BIA Schools.--
       ``(1) Department of defense schools.--From amounts 
     available from the American Standards Incentive fund, the 
     Secretary, upon application by the Secretary of Defense, may 
     award grants under subsection (b) to the Secretary of Defense 
     on behalf of elementary schools and secondary schools 
     operated by the Department of Defense to enable the 
     elementary schools and secondary schools to carry out the 
     activities described in subsection (e).
       ``(2) Bureau of indian affairs schools.--From amounts 
     available from the American Standards Incentive fund, the 
     Secretary, in consultation with the Secretary of Interior, 
     may award grants under subsection (b) to the Bureau of Indian 
     Affairs on behalf of elementary schools and secondary schools 
     operated or funded by the Department of the Interior to 
     enable the elementary schools and secondary schools to carry 
     out the activities described in subsection (e).
       ``(i) Study.--Not later than 2 years after the completion 
     of the first 4-year grant cycle for grants under this 
     section, the Commissioner for Education Statistics shall 
     carry out a study comparing the gap between the reported 
     proficiency on State academic assessments and assessments 
     under section 303 for State educational agencies receiving 
     grants under subsection (b), before and after the State 
     adopts the voluntary American education content standards in 
     mathematics and science as the core of the State education 
     content standards in mathematics and science.
       ``(j) Data Grant.--
       ``(1) Program authorized.--From amounts appropriated under 
     section 305(a)(4), the Secretary shall award, to each State 
     educational agency that meets the requirements of paragraph 
     (3), a grant to be used to enhance State data systems as such 
     systems relate to the requirements under part A of title I of 
     the Elementary and Secondary Education Act of 1965.
       ``(2) Amount of grant.--A grant awarded to a State 
     educational agency under this subsection shall be in an 
     amount equal to 5 percent of the amount allocated to the 
     State under section 1122 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6332). If the amounts 
     available from the American Standards Incentive fund are 
     insufficient to pay the full amounts of grants under 
     paragraph (1) to all State educational agencies, the 
     Secretary shall ratably reduce the amount of all grants under 
     this subsection.
       ``(3) Requirements.--In order to receive a grant under this 
     subsection, a State educational agency shall--
       ``(A) have received a grant under subsection (b); and
       ``(B) successfully demonstrate to the Secretary that the 
     State has aligned--
       ``(i) the State's academic content standards and State 
     academic assessments in mathematics and science, and the 
     State's teacher certification or licensure, pre-service, and 
     professional development requirements, with the voluntary 
     American education content standards in mathematics and 
     science; and
       ``(ii) the State levels of achievement in mathematics and 
     science for grades 4, 8, and 12, with the achievement levels 
     in mathematics and science developed under section 303(e) for 
     such grades.
       ``(4) Nature of grant.--A grant under this subsection to a 
     State educational agency shall be in addition to any grant 
     awarded to the State educational agency under subsection (b).
       ``(5) Limit on number of grants.--In no case shall a State 
     educational agency receive more than 1 grant under this 
     subsection.
       ``(k) Reports to Congress.--Not later than 2 years after 
     the date of enactment of the Standards to Provide Educational 
     Access for Kids Act, and every 2 years thereafter, the 
     Secretary shall report to Congress regarding the status of 
     all grants awarded under this section.
       ``(l) Rule of Construction.--Nothing in this section shall 
     be construed to establish a preferred national curriculum or 
     preferred teaching methodology for elementary school or 
     secondary school instruction.
       ``(m) Timeline Extension.--The Secretary may extend the 12-
     year requirement under section 1111(b)(2)(F) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(2)(F)) by not more than 4 years for a State served by 
     a State educational agency that receives a grant under 
     subsection (b).
       ``(n) Definitions.--In this section:
       ``(1) In general.--The terms `elementary school', `local 
     educational agency', `professional development', `secondary 
     school', `State', and `State educational agency' have the 
     meanings given the terms in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(2) Academic content standards.--The term `academic 
     content standards' means the challenging academic content 
     standards described in section 1111(b)(1) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)).
       ``(3) Levels of achievement.--The term `levels of 
     achievement' means the State levels of achievement under 
     subclauses (II) and (III) of section 1111(b)(1)(D)(ii) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311(b)(1)(D)(ii)(II), (III)).
       ``(4) State academic assessments.--The term `State academic 
     assessments' means the academic assessments for a State 
     described in section 1111(b)(3) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)).''.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       Section 307(a) of the National Assessment of Educational 
     Progress Authorization Act (as redesignated by section 5(1)) 
     (20 U.S.C. 9624(a)) is amended to read as follows:
       ``(a) In General.--There are authorized to be 
     appropriated--
       ``(1) to carry out section 302, $6,000,000 for fiscal year 
     2007 and such sums as may be necessary for each succeeding 
     fiscal year;
       ``(2) to carry out section 303, $200,000,000 for fiscal 
     year 2007 and such sums as may be necessary for each 
     succeeding fiscal year;
       ``(3) to carry out section 304, $3,000,000 for fiscal year 
     2007 and such sums as may be necessary for each succeeding 
     fiscal year; and
       ``(4) to carry out section 305, $400,000,000 for fiscal 
     year 2007 and such sums as may be necessary for each 
     succeeding fiscal year.''.
                                 ______
                                 
      By Mr. INHOFE:
  S. 4062. A bill to freeze non-defense discretionary spending at 
fiscal year 2007 levels effective in fiscal year 2008; to the Committee 
on the Budget.
  Mr. INHOFE. Mr. President, I am here to work on what should be an 
area of widespread, bipartisan agreement with the introduction of the 
Fiscal Responsibility Act of 2006. Many, many people in both parties 
profess the need to reduce our Government's spending. When I hear 
individuals waxing poetic about the need for fiscal discipline, I 
usually offer a simple, one-sentence amendment to restore some 
discretionary spending discipline, but you should see my friends on the 
other side of the aisle run for the hills when someone proposes we 
actually do something about it. When the moment comes to move from mere 
words to real action on fiscal discipline, over and over I have 
confronted nearly united opposition to it on the other side of the 
aisle.
  Last year we did make some progress on our shared goal. We actually 
held last year's non-security discretionary spending down below the 
rate of inflation. Let me repeat that: We actually held last year's 
non-security spending, over which we had discretion, down below the 
rate of inflation.
  Again, we are faced with the same task.
  The President agrees that we must hold down spending and has proposed 
to hold down discretionary spending. The Budget Committee agrees we 
must hold down spending and has proposed to hold down discretionary 
spending. The American people agree we must hold down spending. Senator 
Dorgan has said that we need to provide spending cuts in a significant 
manner. Senator Feingold has said, ``We also need to continue to cut 
spending in Federal programs. . . .'' Senator Levin stated how we need 
to cut spending when he advocated that ``Discretionary spending . . . 
[be] frozen for 5 years.'' It seems that both parties agree that we 
must hold down discretionary spending.
  Well, let's hold down discretionary spending.
  I will read the one sentence that is really the entirety of this 
bill. I'm sure everyone in this body is familiar with it now--nearly 
all of my friends on the other side of the aisle have voted against it 
twice in the last twelve months, usually at a time when they are 
promoting fiscal discipline. It says: ``Beginning with fiscal year 2008 
and

[[Page 22211]]

thereafter, all non-defense, non-trust-fund, discretionary spending 
shall not exceed the previous fiscal year's levels without a two-thirds 
vote.'' This is simply a cap on discretionary spending.
  It is very simple, cut and dried, something that can pass. I hope 
those individuals who have a more complicated approach to this will 
recognize this is something that is doable.
  I want to focus briefly on one point in the President's most recent 
budget proposal. President Bush wisely sent us a budget that encourages 
long-term fiscal constraint by including several budget process and 
program oversight reforms, including setting enforceable limits on 
total spending to stabilize budget growth in the long-term. Simply put, 
the President proposes that we put in place a process by which we can 
control discretionary spending.
  I have been working on a solution to the massive problem of 
government spending with this simple language for quite some time. I 
have actually wanted to offer it previously on appropriations bills, 
but held off. I offered it as an amendment last November and again this 
year in March. It has been defeated every time I offer it--every single 
time. It's usually defeated by nearly unanimous opposition on the other 
side of the aisle. And what's more, they usually vote against it in a 
debate during which they cry foul of deficits and declare the need for 
fiscal restraint. It's astounding how much rhetoric we hear about the 
need to hold down spending and the need for fiscal restraint. I guess 
for some, it truly is much easier said than done.
  So, I am offering it again.
  I will restate the crux of this bill, the Fiscal Responsibility Act 
of 2006, one more time before I close: ``Beginning with fiscal year 
2008 and thereafter, all non-defense, non-trust-fund, discretionary 
spending shall not exceed the previous fiscal year's levels without a 
two-thirds vote.'' Folks, it's that easy. I ask that you join me in 
holding down spending.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 4062

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fiscal Responsibility Act of 
     2006''.

     SEC. 2. CONGRESSIONAL ENFORCEMENT.

       (a) Enforcement.--Section 312 of the Congressional Budget 
     Act of 1974 (2 U.S.C. 643) is amended by adding at the end 
     the following:
       ``(g) Excess Non-Defense Discretionary Federal Spending 
     Reduction Point of Order.--
       ``(1) In general.--It shall not be in order in the House of 
     Representatives or the Senate to consider any bill or 
     resolution (or amendment, motion, or conference report on 
     that bill or resolution) that would cause spending for non-
     defense, non-trust-fund, discretionary spending for the 
     budget year to exceed the amount of spending for such 
     activities in fiscal year 2007.
       ``(2) Allocations.--The allocations under section 302(a) 
     shall include allocations for the amount described in 
     paragraph (1).
       ``(3) Super majority waiver or appeal.--This subsection may 
     be waived or suspended in the Senate only by an affirmative 
     vote of two-thirds of the Members, duly chosen and sworn. An 
     affirmative vote of two-thirds of the Members of the Senate, 
     duly chosen and sworn, shall be required in the Senate to 
     sustain an appeal of the ruling of the Chair on a point of 
     order raised under this subsection.''.
       (b) Effective Date.--This section shall apply beginning 
     with fiscal year 2008.
                                 ______
                                 
      By Mr. FEINGOLD:
  S. 4063. A bill to provide for additional section 8 vouchers, to 
reauthorize the Public and Assisted Housing Drug Elimination Program, 
and for other purposes; to the Committee on Banking, Housing, and Urban 
Affairs.
  Mr. FEINGOLD. Mr. President, today I am introducing the Affordable 
Housing Expansion and Public Safety Act to address some of the housing 
affordability issues faced by my constituents and by Americans around 
the country, including unaffordable rental burdens, lack of safe and 
affordable housing stock, and public safety concerns in public and 
federally assisted housing. My legislation is fully offset, while also 
providing over $3 billion in deficit reduction.
  Increasing numbers of Americans are facing housing affordability 
challenges, whether they are renters or homeowners. But the housing 
affordability burden falls most heavily on low-income renters 
throughout our country. Ensuring that all Americans have safe and 
secure housing is about more than just providing families with 
somewhere to live, however. Safe and decent housing provides children 
with stable environments, and research has shown that students achieve 
at higher rates if they have secure housing. Affordable housing allows 
families to spend more of their income on life's other necessities 
including groceries, health care, and education costs as well as save 
money for their futures. I have heard from a number of Wisconsinites 
around my State about their concerns about the lack of affordable 
housing, homelessness, and the increasingly severe cost burdens that 
families have to undertake in order to afford housing.
  Unfortunately, affordable housing is becoming less, not more, 
available in the United States. Research shows that the number of 
families facing severe housing cost burdens grew by almost two million 
households between 2001 and 2004. Additionally, one in three families 
spends more than 30 percent of their earnings on housing costs. The 
National Alliance to End Homelessness reports that at least 500,000 
Americans are homeless every day and two million to three million 
Americans are homeless for various lengths of time each year. Cities, 
towns, and rural communities across the country are confronting a lack 
of affordable housing for their citizens. This is not an issue that 
confronts just one region of the Nation or one group of Americans. 
Decent and affordable housing is so essential to the well-being of 
Americans that the Federal Government must provide adequate assistance 
to our citizens to ensure that all Americans can afford to live in safe 
and affordable housing.
  Congress has created effective affordable housing and community 
development programs, but as is the case with many of the Federal 
social programs, these housing programs are inadequately funded and do 
not meet the need in our communities. We in Congress must do what we 
can to ensure these programs are properly funded, while taking into 
account the tight fiscal constraints we are facing.
  The Section 8 Housing Choice Voucher Program, originally created in 
1974, is now the largest Federal housing program in terms of HUD's 
budget with approximately two million vouchers currently authorized. 
Yet the current number of vouchers does not come close to meeting the 
demand that exists in communities around our country. In my State of 
Wisconsin, the city of Milwaukee opened up their Section 8 waiting list 
for the first time since 1999 earlier this year for 24 hours and 
received more than 17,000 applications. The city of Madison has not 
accepted new applications for Section 8 in over three years and reports 
that hundreds of families are on the waiting list.
  Unfortunately, situations like this exist around the country. 
According to the 2005 U.S. Conference of Mayors Hunger and Homelessness 
Survey, close to 5,000 people are on the Section 8 waiting list in 
Boston. Detroit has not taken applications for the past two years and 
currently has a waiting list of over 9,000 people. Phoenix closed its 
waiting list in 2005 and reported that 30,000 families were on its 
waiting list. In certain cities, waiting lists are years long and 
according to the Center on Budget and Policy Priorities, the typical 
waiting period for a voucher was two and a half years in 2003. Given 
these statistics, it is clear there is the need for more Section 8 
vouchers than currently exist.
  While there are certainly areas of the Section 8 program that need to 
be examined and perhaps reformed, a number of different government 
agencies and advocacy organizations all cite the effectiveness of 
Section 8 in assisting low-income families in meeting some of their 
housing needs. In 2002, the Government Accountability Office determined 
that the total cost of a one-bedroom housing unit through the Section

[[Page 22212]]

8 program costs less than it would through other federal housing 
programs. The same year, the Bipartisan Millennial Housing Commission 
reported to Congress that the Section 8 program is ``flexible, cost-
effective, and successful in its mission.''
  The Commission further stated that the vouchers ``should continue to 
be the linchpin of a national policy providing very low-income renters 
access to the privately owned housing stock.'' The Commission also 
called for funding for substantial annual increments of vouchers for 
families who need housing assistance. This recommendation echoes the 
calls by advocates around the country, many of whom have called for 
100,000 new, or incremental, Section 8 vouchers to be funded annually 
by Congress.
  My bill takes this first step, calling for the funding of 100,000 
incremental vouchers in fiscal year 2007. I have identified enough 
funds in my offsets to provide money for the renewal of these 100,000 
vouchers for the next decade. While this increase does not meet the 
total demand that exists out there for Section 8 vouchers, I believe it 
is a strong first step. My legislation is fully offset and if it were 
passed in its current form, would provide for the immediate funding of 
these vouchers. I believe Congress should take the time to examine 
where other spending could be cut in order to continue to provide 
sizeable annual increases in new vouchers for the Section 8 program. 
According to the Congressional Research Service, incremental vouchers 
have not been funded since fiscal year 2002. During the past three to 
four years, the need for Federal housing assistance has grown and it 
will continue to grow in future years. We need to make a commitment to 
find the resources in our budget to ensure continued and increased 
funding for Section 8 vouchers.
  We should examine doing more than just providing more money for 
Section 8. There have been numerous stories in my home State of 
Wisconsin about various concerns with the Section 8 program, ranging 
from potential discrimination on the part of landlords in declining to 
rent to Section 8 voucher holders to the administrative burdens 
landlords face when participating in the Section 8 program. 
Additionally, there are substantial concerns with the funding formula 
the Bush Administration is currently using for the Section 8 program. I 
look forward to working with my colleagues in the 110th Congress to 
address these and other issues and make the Section 8 program more 
effective, more secure, and more accessible to citizens throughout the 
country.
  But providing rental assistance is not the only answer to solving the 
housing affordability problem in our country. We must also work to 
increase the availability of affordable housing stock in our 
communities through facilitating production of housing units affordable 
to extremely low and very low income Americans. The HOME Investments 
Partnership Program, more commonly known as HOME, was created in 1990 
to assist states and local communities in producing affordable housing 
for low income families. HOME is a grant program that allows 
participating jurisdictions the flexibility to use funds for new 
production, preservation, and rehabilitation of existing housing stock. 
HOME is an effective federal program that is used in concert with other 
existing housing programs to provide affordable housing units for low 
income Americans throughout the country.
  According to recent data from HUD, since fiscal year 1992, over $23 
billion has been allocated through the HOME program to participating 
jurisdictions around the country. There have been over 800,000 units 
committed, including over 200,000 new construction units. HUD reports 
that over 700,000 units have been completed or funded. Communities in 
my State of Wisconsin have received over $370 million since 1992 and 
have seen over 20,000 housing units completed since 1992. Cities and 
States around the country are able to report numerous success stories 
in part due to the HOME funding that has been allocated to 
participating jurisdictions since 1992. The Bipartisan Millennial 
Housing Commission found that the HOME program is highly successful and 
recommended a substantial increase in funding for HOME in 2002.
  Unfortunately, for the past two fiscal years, the HOME program has 
seen a decline in funding. In fiscal year 2005, HOME was funded at $1.9 
billion and in fiscal year 2006, HOME was funded at a little more than 
$1.7 billion. As a result of this decline in funding, all participating 
jurisdictions in Wisconsin saw a decline in HOME dollars, with some 
jurisdictions seeing a decline of more than six percent. We need to 
ensure these funding cuts to HOME do not continue in the future and we 
must provide more targeted resources within HOME for the people most in 
need.
  But Mr. President, as successful as the HOME program is, more needs 
to be done to assist extremely low income families. My legislation 
seeks to target additional resources to the Americans most in need by 
using the HOME structure to distribute new funding to participating 
jurisdictions with the requirement that these participating 
jurisdictions use these set-aside dollars to produce, rehab, or 
preserve affordable housing for extremely low income families, or 
people at 30 percent of area median income or below.
  As we all know, extremely low income households face the most severe 
affordable housing cost burdens of any Americans. According to data 
from HUD and the American Housing Survey, 56 percent of extremely low 
income renter households deal with severe affordability housing issues 
while only 25 percent of these renters are not burdened with 
affordability concerns. HUD also found that half of all extremely low 
income owner households are severely burdened by affordability 
concerns. Data shows more than 75 percent of renter households with 
severe housing affordability burdens are extremely low income families 
and more than half of extremely low income households pay at least half 
of their income on housing. The Bipartisan Millennial Housing 
Commission has stated that ``the most serious housing problem in 
America is the mismatch between the number of extremely low income 
renter households and the number of units available to them with 
acceptable quality and affordable rents.'' The Commission also noted 
that there is no federal program solely for the preservation or 
production of housing for extremely low or moderate income families.
  Because of these severe burdens and the high cost of providing safe 
and affordable housing to families at 30 percent or below of area 
median income, my bill would provide $400 million annually on top of 
the money that Congress already appropriates through HOME. I have heard 
from a number of housing advocates in Wisconsin that we have effective 
housing programs but the programs are not funded adequately. This is 
why I decided to administer this funding through the HOME program; 
local communities are familiar with the requirements and regulations of 
the HOME program and I think it is important not to place unnecessary 
and new administrative hurdles on local cities and communities.
  Participating jurisdictions will be able to use this new funding 
under the eligible uses currently allowed by HOME to best meet the 
needs of the extremely low income families in their respective 
communities. But participating jurisdictions must certify that this 
funding is going to extremely low income households and must report on 
how the funds are being utilized in their communities. Funds are 
intended to be distributed on a pro-rata basis to ensure participating 
jurisdictions around the country receive funding. I also require that 
the Secretary notify participating jurisdictions that this new funding 
for extremely low income households in no way excuses such 
jurisdictions from continuing to use existing HOME dollars to serve 
extremely low income families. It is my hope that this extra funding 
will provide an increased incentive to local cities and communities to 
dedicate more resources to producing and preserving affordable housing 
for the most vulnerable Americans.
  My bill would also reauthorize a critical crime-fighting grant 
program: the

[[Page 22213]]

Public and Assisted Housing Crime and Drug Elimination Program, 
formerly known as ``PHDEP.'' Unfortunately, the PHDEP program has not 
been funded since 2001, and its statutory authorization expired in 
2003. It is time to bring back this important grant program, which 
provided much-needed public safety resources to public housing 
authorities and their tenants. My legislation would authorize $200 
million per year for five years for this program.
  After more than a decade of declining crime rates, new FBI statistics 
indicate that 2005 brought an overall increase in violent crime across 
the country, and particularly in the Midwest. Nationwide, violent crime 
increased 2.3 percent between 2004 and 2005, and in the Midwest, 
violent crime increased 5.6 percent between 2004 and 2005. Housing 
authorities and others providing assisted housing are feeling the 
effects of this shift, but just as the crime rate is rising, their 
resources to fight back are dwindling. We need to provide them with 
funding targeted at preventing and reducing violent and drug-related 
crime, so that they can provide a safe living environment for their 
tenants.
  Reauthorizing the Public and Assisted Housing Crime and Drug 
Elimination Program should not be controversial. The program has long 
enjoyed bipartisan support. It was first sponsored by Senator 
Lautenberg in 1988, and first implemented in 1989 under then-Housing 
and Urban Development Secretary Jack Kemp. When in effect, it funded 
numerous crime-fighting measures in housing authorities all over the 
country.
  In Milwaukee, grants under this program funded a variety of important 
programs. It provided funding to the Housing Authority of the City of 
Milwaukee to hire public safety officers who are on site 24 hours a day 
to respond to calls and intervene when problems arise, and who work 
collaboratively with local law enforcement agencies. According to the 
Housing Authority, by the time the PHDEP program was defunded, public 
safety officers were responding to more than 8,000 calls per year, 
dealing quickly and effectively with thefts, drug use and sales, and 
other problems. Grants under the program also allowed the Housing 
Authority in Milwaukee to conduct crime prevention programs through the 
Boys and Girls Club of Greater Milwaukee and other on-site agencies, 
providing youths and others living in public housing with a variety of 
educational, job training and life skill programs.
  When the PHDEP program was defunded during the fiscal year 2002 
budget cycle, the Administration argued that crime-fighting measures 
should be funded through the Public Housing Operating Fund and promised 
an increase in that Fund to account for part of the loss of PHDEP 
funds. That allowed some programs previously funded under PHDEP to 
continue for a few years. But now there is a significant shortfall in 
the Operating Fund and HUD is proposing limits on how capital funds can 
be used, and housing authorities nationwide--including in Milwaukee--
have been faced with tough decisions, including cutting some or all of 
their crime reduction programs.
  It is time for Congress to step in and reauthorize these grants. 
Everyone deserves a safe place to live, and we should help provide 
housing authorities and other federally assisted low-income housing 
entities with the resources they need to provide that to their tenants.
  But we can do more than just provide public housing authorities with 
grant money. The Federal government also needs to provide more 
resources to help housing authorities spend those funds in the most 
effective way possible. That is why my legislation also contains 
several provisions to enhance the effectiveness of this grant program. 
It would: Require HUD's Office of Policy Development & Research (PD&R) 
to conduct a review of existing research on crime fighting measures and 
issue a report within six months identifying effective programs, 
providing an important resource to public housing authorities; require 
PD&R to work with housing authorities, social scientists and others to 
develop and implement a plan to conduct rigorous scientific evaluation 
of crime reduction and prevention strategies funded by the grant 
program that have not previously been subject to that type of 
evaluation, giving housing authorities yet another source of 
information about effective strategies for combating crime; and require 
HUD to report to Congress within four years, based on what it learns 
from existing research and evaluations of grantee programs, on the most 
effective ways to prevent and reduce crime in public and assisted 
housing environments, the ways in which it has provided related 
guidance to help grant applicants, and any suggestions for improving 
the effectiveness of the program going forward.
  As with any grant program, it is essential that HUD monitor the use 
of the grants and that grantees be required to report regularly on 
their activities, as was required by HUD regulations when the program 
was defunded. The bill also clarifies the types of activities that can 
be funded through the grant program to ensure that funds are not used 
inappropriately.
  My bill also includes a sense of the Senate provision calling on 
Congress to create a National Affordable Housing Trust Fund. At the 
outset, I want to commend my colleagues in the Senate, Senator Kerry, 
Senator Reed, and others for all their work on advancing the cause of a 
National Affordable Housing Trust fund. I look forward to working with 
them and others in the 110th to push for the creation of such a trust 
fund.
  I agree with my colleagues that such a trust fund should have the 
goal of supplying 1,500,000 new affordable housing units over the next 
10 years. It should also contain sufficient income targeting to reflect 
the housing affordability burdens faced by extremely low income and 
very low income families and contain enough flexibility to allow local 
communities to produce, preserve, and rehabilitate affordable housing 
units while ensuring that such affordable housing development fosters 
the creation of healthy and sustainable communities.
  Hundreds of local housing trust funds have been created in cities and 
states throughout the country, including recently in the city of 
Milwaukee. I want to commend the community members in Milwaukee for 
working to address the housing affordability issues that the city faces 
and it is my hope that we in Congress can do our part to help 
Wisconsin's communities and communities around the country provide safe 
and affordable housing to all Americans.
  This bill is the third of four proposals I am introducing this year 
to address some of the domestic issues that have been raised with me 
over the years by my constituents, some of them at the listening 
sessions I hold annually in each of Wisconsin's 72 counties. Previous 
proposals addressed health care reform and the trade deficit.
  This Nation faces a severe shortage of affordable housing for our 
most vulnerable citizens. Shelter is one of our most basic needs, and, 
unfortunately, too many Wisconsinites and people around the country are 
struggling to afford a place to live for themselves and their families. 
This legislation does not solve all the affordable housing issues that 
communities are facing, but I believe it is a good first step. This 
issue is about more than providing a roof over a family's head, 
however. Good housing and healthy communities lead to better jobs, 
better educational outcomes, and better futures for all Americans. 
Local communities, States, and the Federal Government must work 
together to dedicate more effective resources toward ensuring that all 
Americans have a safe and decent place to live. I look forward to 
working with my colleagues in the next Congress to advance my bill and 
other housing initiatives and work towards meeting the goal of 
affordable housing and healthy communities for all Americans.
  I ask unanimous consent that the text of my bill be printed in the 
Record.

[[Page 22214]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 4063

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Affordable Housing Expansion 
     and Public Safety Act''.

     SEC. 2. INCREASE IN INCREMENTAL SECTION 8 VOUCHERS.

       (a) In General.--In fiscal year 2007 and subject to 
     renewal, the Secretary of Housing and Urban Development shall 
     provide an additional 100,000 incremental vouchers for 
     tenant-based rental housing assistance under section 8(o) of 
     the United States Housing Act of 1937 (42 U.S.C. 1437f(o)).
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $8,400,000,000 for the provision and renewal of the vouchers 
     described in subsection (a).
       (2) Availability.--Any amount appropriated under paragraph 
     (1) shall remain available until expended.
       (3) Carryover.--To the extent that any amounts appropriated 
     for any fiscal are not expended by the Secretary of Housing 
     and Urban Development in such fiscal year for purposes of 
     subsection (a), any remaining amounts shall be carried 
     forward for use by the Secretary to renew the vouchers 
     described in subsection (a) in subsequent years.
       (c) Distribution of Amounts.--
       (1) Administrative costs.--The Secretary may not use more 
     than $800,000,000 of the amounts authorized under paragraph 
     (1) to cover the administrative costs associated with the 
     provision and renewal of the vouchers described in subsection 
     (a).
       (2) Voucher costs.--The Secretary shall use all remaining 
     amounts authorized under paragraph (1) to cover the costs of 
     providing and renewing the vouchers described in subsection 
     (a).

     SEC. 3. TARGETED EXPANSION OF HOME INVESTMENT PARTNERSHIP 
                   (HOME) PROGRAM.

       (a) Purpose.--The purposes of this section are as follows:
       (1) To authorize additional funding under subtitle A of 
     title II of the Cranston-Gonzalez National Affordable Housing 
     Act (42 U.S.C. 12741 et seq.), commonly referred to as the 
     Home Investments Partnership (``HOME'') program, to provide 
     dedicated funding for the expansion and preservation of 
     housing for extremely low-income individuals and families 
     through eligible uses of investment as defined in paragraphs 
     (1) and (3) of section 212(a) of the Cranston-Gonzalez 
     National Affordable Housing Act.
       (2) Such additional funding is intended to supplement the 
     HOME funds already allocated to a participating jurisdiction 
     to provide additional assistance in targeting resources to 
     extremely low-income individuals and families.
       (3) Such additional funding is not intended to be the only 
     source of assistance for extremely low-income individuals and 
     families under the HOME program, and participating 
     jurisdictions shall continue to use non-set aside HOME funds 
     to provide assistance to such extremely low-income 
     individuals and families.
       (b) Set Aside for Extremely Low-Income Individuals and 
     Families.--
       (1) Eligible use.--Section 212(a) of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 12742(a)) is 
     amended by adding at the end the following:
       ``(6) Extremely low-income individuals and families.--
       ``(A) In general.--Each participating jurisdiction shall 
     use funds provided under this subtitle to provide affordable 
     housing to individuals and families whose incomes do not 
     exceed 30 percent of median family income for that 
     jurisdiction.
       ``(B) Exception.--If a participating jurisdiction can 
     certify to the Secretary that such participating jurisdiction 
     has met in its jurisdiction the housing needs of extremely 
     low-income individuals and families described in subparagraph 
     (A), such participating jurisdiction may use any remaining 
     funds provided under this subtitle for purposes of 
     subparagraph (A) to provide affordable housing to individuals 
     and families whose incomes do not exceed 50 percent of median 
     family income for that jurisdiction.
       ``(C) Rule of construction.--The Secretary shall notify 
     each participating jurisdiction receiving funds for purposes 
     of this paragraph that use of such funds, as required under 
     subparagraph (A), does not exempt or prevent that 
     participating jurisdiction from using any other funds awarded 
     under this subtitle to provide affordable housing to 
     extremely low-income individuals and families.
       ``(D) Rental housing.--Notwithstanding section 215(a), 
     housing that is for rental shall qualify as affordable 
     housing under this paragraph only if such housing is occupied 
     by extremely low-income individuals or families who pay as a 
     contribution toward rent (excluding any Federal or State 
     rental subsidy provided on behalf of the individual or 
     family) not more than 30 percent of the monthly adjusted 
     income of such individual or family, as determined by the 
     Secretary.''.
       (2) Pro rata distribution.--Section 217 of the Cranston-
     Gonzalez National Affordable Housing Act (42 U.S.C. 12747) is 
     amended by adding at the end the following:
       ``(e) Pro Rata Distribution for Extremely Low-Income 
     Individuals and Families.--Notwithstanding any other 
     provision of this Act, in any fiscal year the Secretary shall 
     allocate any funds specifically approved in an appropriations 
     Act to provide affordable housing to extremely low-income 
     individuals or families under section 212(a)(6), such funds 
     shall be allocated to each participating jurisdiction in an 
     amount which bears the same ratio to such amount as the 
     amount such participating jurisdiction receives for such 
     fiscal year under this subtitle, not including any amounts 
     allocated for any additional set-asides specified in such 
     appropriations Act for that fiscal year.''.
       (3) Certification.--Section 226 of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 12756) is amended 
     by adding at the end the following:
       ``(d) Certification.--
       ``(1) In general.--Each participating jurisdiction shall 
     certify on annual basis to the Secretary that any funds used 
     to provide affordable housing to extremely low-income 
     individuals or families under section 212(a)(6) were actually 
     used to assist such families.
       ``(2) Content of certification.--Each certification 
     required under paragraph (1) shall--
       ``(A) state the number of extremely low-income individuals 
     and families assisted in the previous 12 months;
       ``(B) separate such extremely low-income individuals and 
     families into those individuals and families who were 
     assisted by--
       ``(i) funds set aside specifically for such individuals and 
     families under section 212(a)(6); and
       ``(ii) any other funds awarded under this subtitle; and
       ``(C) describe the type of activities, including new 
     construction, preservation, and rehabilitation of housing, 
     provided to such extremely low-income individuals and 
     families that were supported by--
       ``(i) funds set aside specifically for such individuals and 
     families under section 212(a)(6); and
       ``(ii) any other funds awarded under this subtitle.
       ``(3) Inclusion with performance report.--The certification 
     required under paragraph (1) shall be included in the 
     jurisdiction's annual performance report submitted to the 
     Secretary under section 108(a) and made available to the 
     public.''.
       (c) Authorization of Appropriations.--In addition to any 
     other amounts authorized to be appropriated under any other 
     law or appropriations Act to carry out the provisions of 
     title II of the Cranston-Gonzalez National Affordable Housing 
     Act (42 U.S.C. 12701 et. seq), there are authorized to be 
     appropriated to carry out the provisions of this section 
     $400,000,000 for each of fiscal years 2007 through 2011.

     SEC. 4. PUBLIC AND ASSISTED HOUSING CRIME AND DRUG 
                   ELIMINATION PROGRAM.

       (a) Title Change.--The chapter heading of chapter 2 of 
     subtitle C of title V of the Anti-Drug Abuse Act of 1988 (42 
     U.S.C. 11901 et seq.) is amended to read as follows:

  ``CHAPTER 2--PUBLIC AND ASSISTED HOUSING CRIME AND DRUG ELIMINATION 
                               PROGRAM''.

       (b) Authorization of Appropriations.--
       (1) Amounts authorized.--Section 5129(a) of the Anti-Drug 
     Abuse Act of 1988 (42 U.S.C. 11908(a)) is amended to read as 
     follows:
       ``(a) In General.--There are authorized to be appropriated 
     to carry out this chapter $200,000,000 for each of fiscal 
     years 2007, 2008, 2009, 2010, and 2011.''.
       (2) Set aside for the office of policy development and 
     research.--Section 5129 of the Anti-Drug Abuse Act of 1988 
     (42 U.S.C. 11908) is amended by adding at the end the 
     following:
       ``(d) Set Aside for the Office of Policy Development and 
     Research.--Of any amounts made available in any fiscal year 
     to carry out this chapter not less than 2 percent shall be 
     available to the Office of Policy Development and Research to 
     carry out the functions required under section 5130.''.
       (c) Eligible Activities.--Section 5124(a)(6) of the Anti-
     Drug Abuse Act of 1988 (42 U.S.C. 11903(a)(6)) is amended by 
     striking the semicolon and inserting the following: ``, 
     except that the activities conducted under any such program 
     and paid for, in whole or in part, with grant funds awarded 
     under this chapter may only include--
       ``(A) providing access to treatment for drug abuse through 
     rehabilitation or relapse prevention;
       ``(B) providing education about the dangers and adverse 
     consequences of drug use or violent crime;
       ``(C) assisting drug users in discontinuing their drug use 
     through an education program, and, if appropriate, referring 
     such users to a drug treatment program;
       ``(D) providing after school activities for youths for the 
     purpose of discouraging, reducing, or eliminating drug use or 
     violent crime by youths;
       ``(E) providing capital improvements for the purpose of 
     discouraging, reducing, or eliminating drug use or violent 
     crime; and
       ``(F) providing security services for the purpose of 
     discouraging, reducing, or eliminating drug use or violent 
     crime.''.

[[Page 22215]]

       (d) Effectiveness.--
       (1) Application plan.--Section 5125(a) of the Anti-Drug 
     Abuse Act of 1988 (42 U.S.C. 11904(a)) is amended by adding 
     at the end the following: ``To the maximum extent feasible, 
     each plan submitted under this section shall be developed in 
     coordination with relevant local law enforcement agencies and 
     other local entities involved in crime prevention and 
     reduction. Such plan also shall include an agreement to work 
     cooperatively with the Office of Policy Development and 
     Research in its efforts to carry out the functions required 
     under section 5130.''
       (2)  HUD report.--Section 5127 of the Anti-Drug Abuse Act 
     of 1988 (42 U.S.C. 11906) is amended by adding at the end the 
     following:
       ``(d) Effectiveness Report.--The Secretary shall submit a 
     report to the Congress not later than 4 years after the date 
     of the enactment of the Affordable Housing Expansion and 
     Public Safety Act that includes--
       ``(1) aggregate data regarding the categories of program 
     activities that have been funded by grants under this 
     chapter;
       ``(2) promising strategies related to preventing and 
     reducing violent and drug-related crime in public and 
     federally assisted low-income housing derived from--
       ``(A) a review of existing research; and
       ``(B) evaluations of programs funded by grants under this 
     chapter that were conducted by the Office of Policy 
     Development and Review or by the grantees themselves;
       ``(3) how the information gathered in paragraph (2) has 
     been incorporated into--
       ``(A) the guidance provided to applicants under this 
     chapter; and
       ``(B) the implementing regulations under this chapter; and
       ``(4) any statutory changes that the Secretary would 
     recommend to help make grants awarded under this chapter more 
     effective.''.
       (3) Office of policy development and research review and 
     plan.--Chapter 2 of subtitle C of title V of the Anti-Drug 
     Abuse Act of 1988 (42 U.S.C. 11901 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 5130. OFFICE OF POLICY DEVELOPMENT AND RESEARCH REVIEW 
                   AND PLAN.

       ``(a) Review.--
       ``(1) In general.--The Office of Policy Development and 
     Research established pursuant to section 501 of the Housing 
     and Urban Development Act of 1970 (12 U.S.C. 1701z-1) shall 
     conduct a review of existing research relating to preventing 
     and reducing violent and drug-related crime to assess, using 
     scientifically rigorous and acceptable methods, which 
     strategies--
       ``(A) have been found to be effective in preventing and 
     reducing violent and drug-related crimes; and
       ``(B) would be likely to be effective in preventing and 
     reducing violent and drug-related crimes in public and 
     federally assisted low-income housing environments.
       ``(2) Report.--Not later than 180 days after the date of 
     enactment of the Affordable Housing Expansion and Public 
     Safety Act, the Secretary shall issue a written report with 
     the results of the review required under paragraph (1).
       ``(b) Evaluation Plan.--
       ``(1) In general.--Upon completion of the review required 
     under subsection (a)(1), the Office of Policy Development and 
     Research, in consultation with housing authorities, social 
     scientists, and other interested parties, shall develop and 
     implement a plan for evaluating the effectiveness of 
     strategies funded under this chapter, including new and 
     innovative strategies and existing strategies, that have not 
     previously been subject to rigorous evaluation methodologies.
       ``(2) Methodology.--The plan described in paragraph (1) 
     shall require such evaluations to use rigorous methodologies, 
     particularly random assignment (where practicable), that are 
     capable of producing scientifically valid knowledge regarding 
     which program activities are effective in preventing and 
     reducing violent and drug-related crime in public and other 
     federally assisted low-income housing.''.

     SEC. 5. SENSE OF THE SENATE REGARDING THE CREATION OF A 
                   NATIONAL AFFORDABLE HOUSING TRUST FUND.

       (a) Findings.--Congress finds the following:
       (1) Only 1 in 4 eligible households receives Federal rental 
     assistance.
       (2) The number of families facing severe housing cost 
     burdens grew by almost 2,000,0000 households between 2001 and 
     2004.
       (3) 1 in 3 families spend more than 30 percent of their 
     earnings on housing costs.
       (4) More than 75 percent of renter households with severe 
     housing affordability burdens are extremely low-income 
     families.
       (5) More than half of extremely low-income households pay 
     at least half of their income on housing.
       (6) At least 500,000 Americans are homeless every day.
       (7) 2,000,000 to 3,000,0000 Americans are homeless for 
     various lengths of time each year.
       (8) It is estimated that the development of an average 
     housing unit creates on average more than 3 jobs and the 
     development of an average multifamily unit creates on average 
     more than 1 job.
       (9) It is estimated that over $80,000 is produced in 
     government revenue for an average single family unit built 
     and over $30,000 is produced in government revenue for an 
     average multifamily unit built.
       (10) The Bipartisan Millennial Housing Commission stated 
     that ``the most serious housing problem in America is the 
     mismatch between the number of extremely low income renter 
     households and the number of units available to them with 
     acceptable quality and affordable rents.''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) Congress shall create a national affordable housing 
     trust fund with the purpose of supplying 1,500,000 additional 
     affordable housing units over the next 10 years;
       (2) such a trust fund shall contain sufficient income 
     targeting to reflect the housing affordability burdens faced 
     by extremely low-income and very low-income families; and
       (3) such a trust fund shall contain enough flexibility to 
     allow local communities to produce, preserve, and 
     rehabilitate affordable housing units while ensuring that 
     such affordable housing development fosters the creation of 
     healthy and sustainable communities.

     SEC. 6. OFFSETS.

       (a) Repeal of Multiyear Procurement Authority for F-22A 
     Raptor Fighter Aircraft.--Effective as of October 17, 2006, 
     section 134 of the John Warner National Defense Authorization 
     Act for Fiscal Year 2007 (Public Law 109-364), relating to 
     multiyear procurement authority for F-22A Raptor fighter 
     aircraft, is repealed.
       (b) Advanced Research for Fossil Fuels.--Notwithstanding 
     any other provision of law, the Secretary of Energy shall not 
     carry out any program that conducts, or provides assistance 
     for, applied research for fossil fuels.
       (c) Termination of Advanced Technology Program.--
     Notwithstanding any other provision of law, the Secretary of 
     Commerce may not award any new grants under the Advanced 
     Technology Program, provided for under section 28 of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278n), effective October 1, 2006.
                                 ______
                                 
      By Mr. CRAPO:
  S. 4064. A bill to improve the amendments made by the No Child Left 
Behind Act of 2001; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. CRAPO. Mr. President, today I introduce the Improving No Child 
Left Behind--INCLB--Act. As a father and a legislator, I am committed 
to advocating for public education in Idaho and throughout the Nation. 
Ensuring that every child receives a good education is one of my top 
priorities. President Bush's sweeping education reforms included in the 
No Child Left Behind Act have had measurable positive effects on many 
students across the country, and I support the law's objective of 
ensuring that every child achieves his or her potential.
  However, given time to observe the implementation of the law, it is 
now appropriate to review opportunities for needed improvements to the 
underlying program. After conferring with a number of organizations in 
Idaho and at the national level, I have identified implementation 
concerns that seem common to various stakeholder groups. In response, I 
have created the Improving No Child Left Behind Act. This bill contains 
a number of workable, commonsense modifications to the law. These 
provisions preserve the major focus on student achievement and 
accountability and, at the same time, ensure that schools and school 
districts are accurately and fairly assessed. The act ensures that 
local schools and districts have more flexibility and control in 
educating our Nation's children. The goal of the act is expressed in 
its name: to improve No Child Left Behind.
  The bill does a number of things: INCLB would allow supplemental 
services like tutoring to be offered to students sooner than they are 
currently available; INCLB would provide flexibility for States to use 
additional types of assessment models for measuring student progress; 
INCLB grants States more flexibility in assessing students with 
disabilities; INCLB would ensure more fair and accurate assessments of 
Limited English Proficiency--LEP--students; INCLB would create a 
student testing participation range, providing flexibility for 
uncontrollable variations in student attendance; INCLB would allow 
schools to target resources to those student populations who need the 
most attention by applying sanctions only when the same student group 
fails to make adequate progress in the same subject for two consecutive 
years; and INCLB would

[[Page 22216]]

ensure that students are counted properly and accurately in assessment 
and reporting systems.
  Taken together, these provisions reflect a realistic assessment of 
both the strengths and weaknesses of No Child Left Behind. While there 
may be many issues that divide us, our responsibility in education is 
clear. We must promote successful, meaningful public education for our 
children. The INCLB Act will ensure that INCLB continues to be an 
avenue to success for educators and students throughout Idaho and the 
Nation.
                                 ______
                                 
      By Mrs. CLINTON:
  S. 4065. A bill to direct the Attorney General to conduct a study on 
the feasibility of collecting crime data relating to the occurrence of 
school-related crime in elementary schools and secondary schools; to 
the Committee on the Judiciary.
  Mrs. CLINTON. Mr. President, I rise today to introduce the Accurate 
Crime Trends for School Act, a bill that is critical in protecting our 
children from crimes within their schools.
  Each day, parents send their children off to school with a sense of 
security that they are spending their day in a classroom free from 
danger. The latest outbreaks of school violence and crimes are a clear 
reminder that this is not always the case. While the majority of our 
schools are safe, some parents send their children off to school only 
to find that their child has become the victim of a crime.
  The No Child Left Behind Act requires States and local educational 
agencies to publicly report criminal activity in our schools, based on 
their own reports and best-guess surveys. However, there is no Federal 
crime reporting and tracking system for K-12 schools in the United 
States.
  I strongly believe that accurate data on the crimes occurring in our 
schools will help us develop preventative measures and effectively 
address crimes occurring in our nation's classrooms.
  My bill, the Accurate Crime Trends (``ACT'') for Schools Act, directs 
the Attorney General, in consultation with the FBI and the 
International Association of Chiefs of Police, to determine the 
feasibility of expanding the National Incidents Based Reporting System 
(``NIBRS'') to include information on K-12 school-related crime. NIBRS 
is the FBI's comprehensive, detailed crime reporting system. It 
provides a greater capability of reporting the details of crimes than 
self-reporting or surveys do.
  I want it to be clear that expanding NIBRS would not create a new 
level of bureaucracy. This bill would neither bring the FBI into our 
schools, nor place any new requirements or new burdens upon educators. 
Expanding NIBRS would use existing crime reporting infrastructures to 
collect specific K-12 crime data, allowing us to improve the safety of 
our kids in school.
  This year The Office of the New York State Comptroller released a 
study that underscored the need for such legislation. The report showed 
that at schools sampled, 80 percent of documented incidents of crimes 
went unreported to the State, with a number of these instances being 
serious crimes. This is the type of information that we need that we 
are not currently getting.
  As a parent, I truly believe it is imperative to be made aware of any 
crime that takes place in our children's schools. Our parents, 
educators, and children need and deserve a sense of comfort and 
security from their schools. When we have accurate data on what is 
occurring in our school, we will be able to develop effective policies 
to make sure our schools are safe. This bill is a critical first step 
in achieving this goal.
  The infrastructure for collecting this data is already in place. All 
we have to do is determine the best way to utilize it. The Accurate 
Crime Trends for Schools Act will accomplish just that.
  I hope that my colleagues will join me in support of this 
legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 4065

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Accurate Crime Trends for 
     Schools Act'' or the ``ACT for Schools Act''.

     SEC. 2. STUDY AND REPORT.

       (a) Study.--The Attorney General shall, after consultation 
     with the Director of the Federal Bureau of Investigation and 
     the International Association of Chiefs of Police, conduct a 
     study to determine the feasibility of expanding the National 
     Incident-Based Reporting System to include information on the 
     occurrence of school-related crime in elementary schools and 
     secondary schools. Such study shall include the 
     identification and evaluation of methods that may be used to 
     collect and report such information.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report containing the results of the study conducted under 
     subsection (a) to the appropriate committees of Congress.
       (c) Definitions.--In this section, the terms ``elementary 
     school'' and ``secondary school'' have the meanings given the 
     terms in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out 
     section 2, $250,000 for fiscal year 2007.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Allard, Mr. Rockefeller, Mr. Byrd, 
        Mr. Inouye, Mr. Salazar, Mr. Roberts, Ms. Snowe, Mr. Pryor, Mr. 
        Enzi, Mrs. Clinton and Mr. Ensign):
  S. 4067. A bill to provide for secondary transmissions of distant 
network signals for private home viewing by certain satellite carriers; 
to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today I am pleased to introduce the 
Satellite Consumer Protection Act of 2006, and I am proud that Senators 
Inouye, Snowe, Allard, Rockefeller, and Byrd, Pryor, Enzi, and Clinton 
are among those joining me in sponsoring this important bill. I regret 
the necessity of this legislation, but I am determined to protect 
consumers--especially consumers in rural areas such as Vermont.
  This is a pro-consumer, bipartisan bill that addresses a problem that 
soon will face millions of Americans who subscribe to satellite TV 
services. I realize full well that this bill may not please the major 
corporations affected by this remedy, but its intent is not to help 
corporations, but to help home satellite viewers.
  A Federal court recently found that EchoStar willfully, flagrantly 
and repeatedly violated Federal law, and I believe that EchoStar should 
be held to account for its decade of illegal activity. The situation is 
ultimately quite complicated, but the simplest version is this: 
EchoStar has been bringing distant network signals to areas that did 
not need satellite to provide access to that programming. But the 
penalty for such actions is harsh, and the court that heard the lawsuit 
had no choice: EchoStar will be required to stop retransmitting any 
distant signals. EchoStar flouted the law, but it is consumers who will 
suffer. Unless we pass this bill, many rural subscribers around the 
country will lose access to news and entertainment programming from the 
free, over-the-air broadcast networks.
  The Satellite Consumer Protection Act is a practical, narrow, and--
most importantly--pro-consumer solution to a problem of Echo Star's 
creation. The court-issued injunction, set to take effect December 1, 
will prohibit EchoStar from providing any distant network stations to 
any of its customers. Under the Satellite Consumer Protection Act, the 
injunction will apply to the roughly 95 percent of the country where 
EchoStar provides residents their local, over-the-air stations. Our 
legislation would only permit EchoStar to bring in distant network 
stations in three situations. First, where local stations are not 
available from a satellite provider, EchoStar could bring in a distant 
network station if it compensates the local station. Second, in areas 
that do not have affiliates of all four networks, EchoStar could bring 
in a distant signal of the missing network affiliate because no

[[Page 22217]]

local station would be harmed. Third, stations from neighboring 
localities that are considered ``significantly viewed'' by the Federal 
Communications Commission, and are generally treated as local stations, 
could be carried.
  This legislation would not be complete without an enforcement 
provision that will truly curb EchoStar's practice of illegally 
providing copyrighted content. The Satellite Consumer Protection Act 
therefore imposes real monetary penalties for violating the Act and 
requires EchoStar to put sufficient funds in escrow with the copyright 
office to cover any future violations.
  This bipartisan bill respects the legitimate interests of 
broadcasters who have been harmed by EchoStar's actions, while it 
serves the interests of the people who are the innocent bystanders and 
the real victims of this emerging problem: the consumers who are paying 
for these services.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 4067

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Satellite Consumer 
     Protection Act of 2006''.

     SEC. 2. LIMITATIONS ON EXCLUSIVE RIGHTS: SECONDARY 
                   TRANSMISSIONS OF DISTANT NETWORK SIGNALS FOR 
                   PRIVATE HOME VIEWING BY CERTAIN SATELLITE 
                   CARRIERS.

       (a) In General.--Chapter 1 of title 17, United States Code, 
     is amended by inserting after section 119 the following:

     ``Sec. 119A. Limitations on exclusive rights: secondary 
       transmissions of distant network signals for private home 
       viewing by certain satellite carriers

       ``(a) Statutory License Granted.--
       ``(1) In general.--Notwithstanding any injunction issued 
     under section 119(a)(7)(B), a satellite carrier found to have 
     engaged in a pattern or practice of violations pursuant to 
     section 119(a)(7)(B) is granted a statutory license to 
     provide a secondary transmission of a performance or display 
     of a work embodied in a primary transmission made by a 
     network station in accordance with the provisions of this 
     section.
       ``(2) Significantly viewed signals.--Under the statutory 
     license granted by paragraph (1), a satellite carrier may 
     provide a secondary transmission of a primary transmission 
     made by a network station as provided in paragraph (2)(C) or 
     (3) of section 119(a).
       ``(3) Distant signals.--
       ``(A) In general.--Under the statutory license granted by 
     paragraph (1), a satellite carrier may provide a secondary 
     transmission of a performance or display of a work embodied 
     in a primary transmission made by a network station, subject 
     to the limitations of subparagraphs (B) and (C), of not more 
     than 1 network station in a single day for each television 
     network.
       ``(B) Non-local-into-local markets.--A satellite carrier 
     may provide a secondary transmission under subparagraph (A) 
     in a local market (as defined in section 122(j)) in which a 
     satellite carrier does not currently provide, and has not 
     ever provided, a transmission pursuant to a statutory license 
     under section 122, if the satellite carrier--
       ``(i) complies with the terms and conditions for a 
     statutory license under section 119; and
       ``(ii) certifies to the Copyright Office within 30 days 
     after the date of enactment of the Satellite Consumer 
     Protection Act of 2006, or before initiating service to a 
     subscriber under this section, whichever is later, that all 
     subscribers receiving secondary transmissions pursuant to a 
     statutory license under this section in that local market 
     reside in unserved households, as determined under section 
     119(a)(2)(B)(ii); and
       ``(iii) deposits, in addition to the deposits required by 
     section 119(b)(1), a duplicate payment with the Register of 
     Copyrights in the same amount for each network station in the 
     local market affiliated with the same network as the network 
     station being imported.
       ``(C) Short markets.--In a local market (as defined in 
     section 122(j)) in which a network station (as defined in 
     section 119(d)) affiliated with the ABC, CBS, NBC, or Fox 
     television network is not licensed by the Federal 
     Communications Commission, a satellite carrier may provide 
     secondary transmission under subparagraph (A) of the primary 
     signals of a network station affiliated with that network, if 
     the satellite carrier--
       ``(i) complies with the terms and conditions for a 
     statutory license under section 119; and
       ``(ii) certifies to the Copyright Office within 30 days 
     after the date of enactment of the Satellite Consumer 
     Protection Act of 2006, or before initiating service to a 
     subscriber under this section, whichever is later, that all 
     subscribers receiving secondary transmissions pursuant to a 
     statutory license under this section in that local market 
     reside in unserved households, as determined under section 
     119(a)(2)(B)(ii).
       ``(D) Short market exception.--
       ``(i) In general.--Notwithstanding subparagraph (C), a 
     satellite carrier may not provide secondary transmission of 
     the primary signals of a network station under that 
     subparagraph if secondary transmission of those signals could 
     be provided under paragraph (2).
       ``(ii) Discontinuance of secondary transmission when 
     primary signal becomes available.--Notwithstanding 
     subparagraph (C), a satellite carrier that has been providing 
     secondary transmission of the primary signals of a network 
     station under subparagraph (C) in a local market may not 
     provide such secondary transmission in that local market more 
     than 30 days after the date on which a network station 
     affiliated with the same network begins to broadcast or 
     rebroadcast the basic programming service of that network in 
     that local market and could be carried pursuant to a license 
     under section 122.
       ``(b) Distribution of Duplicate Deposit Amounts.--The 
     Copyright Royalty Judges shall authorize the Librarian of 
     Congress to distribute semiannually amounts received by the 
     Register of Copyrights as deposits under subsection 
     (a)(3)(B)(iii), after deducting the reasonable costs incurred 
     by the Copyright Office and the Copyright Royalty Judges 
     under this section, in accordance with a process that the 
     Copyright Royalty Judges may prescribe by regulation, to a 
     network station (as defined in section 119(d)(2)) affiliated 
     with the network whose signals are being carried under this 
     section to a community within the local market (as defined in 
     section 122(j)) in which such signals are being provided 
     under this section.
       ``(c) Statutory Damages.--
       ``(1) In general.--The violation by a satellite carrier of 
     subsection (a) is actionable as an act of infringement under 
     section 501 and is subject to statutory damages equal to $100 
     per month multiplied by the number of subscribers with 
     respect to which the violation was committed for each month 
     during which the violation was committed (treating each month 
     of a continuing violation as a separate violation).
       ``(2) Petition.--A petition for statutory damages may be 
     made to the Copyright Royalty Judges, pursuant to such rules 
     as may be prescribed by the Copyright Royalty Judges by 
     regulation. In any proceeding under this section, the 
     satellite carrier shall have the burden of proving that its 
     secondary transmission of a primary transmission by a network 
     station is to a subscriber who is eligible to receive the 
     secondary transmission under this section.
       ``(3) Escrow.--As a condition of using the statutory 
     license under subsection (a), a satellite carrier must 
     deposit the sum of $20,000,000 in escrow with the Copyright 
     Office. The Copyright Office shall deposit the escrow funds 
     in an account in the Treasury of the United States, in such 
     manner as the Secretary of the Treasury directs, and invested 
     in interest-bearing securities of the United States with any 
     interest from such investment to be credited to the account. 
     The Copyright Royalty Judges shall have exclusive 
     jurisdiction to determine liability for and entitlement to 
     the statutory damages owed to the petitioning party in 
     accordance with a process to be prescribed by regulation and 
     they shall authorize the Librarian of Congress to distribute 
     funds from the escrow account to satisfy this determination. 
     After all petitions under this section against a satellite 
     carrier have been resolved, any amount remaining in the 
     satellite carrier's escrow account after February 17, 2009, 
     after deducting the reasonable costs incurred by the 
     Copyright Office and the Copyright Royalty Judges under this 
     section, shall be returned to the satellite carrier.
       ``(4) Judicial review.--A satellite carrier may seek 
     judicial review of all determinations of the Copyright 
     Royalty Judges on a consolidated basis in a single petition 
     of appeal to the United States Court of Appeals for the 
     District of Columbia Circuit within 30 days after the later 
     of--
       ``(A) February 17, 2009; or
       ``(B) the date on which all amounts in the escrow account 
     have been distributed or returned.
       ``(d) Sunset.--This section shall not apply after February 
     17, 2009.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     1 of title 17, United States Code, is amended by inserting 
     after the item relating to section 119 the following:

``119A. Limitations on exclusive rights: secondary transmissions of 
              distant network signals for private home viewing by 
              certain satellite carriers''.

  Mr. ROCKEFELLER. Mr. President, today, I am pleased to join my 
colleagues Senators Leahy and Allard in introducing the Satellite 
Consumer Protection Act of 2006. I am pleased

[[Page 22218]]

that Senators Byrd, Inouye, Salazar, Snowe, Roberts, Enzi, and Ensign 
are original cosponsors.
  I want to thank Senator Leahy for his leadership on this issue. This 
bill builds upon the hard work and legislative language that 
Congressman Rick Boucher (D-VA) and I originally developed. Congressman 
Boucher has been invaluable in making all sure that all interested 
parties work together to protect consumers, and I must thank him for 
all of his hard work on this issue.
  We have introduced this legislation to protect consumers who through 
no fault of their own can no longer receive network television signals 
from DISH Network. Our constituents have lost this right because of a 
nationwide legal battle between DISH Network and television 
broadcasters. The Court found that DISH Network had violated the law 
and imposed a penalty. This decision impacted thousands of my 
constituent and I believe that Congress needed to restore the ability 
of these consumers to receive network signals. For many rural West 
Virginians, cable television is not available.
  We have a looming crisis on our hands and Congress must pass our bill 
immediately. We have a duty to our consumers to minimize the disruption 
to their daily lives, and our bill allows those consumers who do not 
have the ability to get local television stations in their area to 
continue to receive distant signals.
  Again, I urge quick adoption of this legislation.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 4070. A bill to exempt children of certain Filipino World War II 
veterans from the numerical limitations on immigrant visas; to the 
Committee on the Judiciary.
  Mr. AKAKA. Mr. President, it has long been evident that our 
immigration system needs to be reformed, and the current debate on 
immigration is long overdue. I am pleased that this body is addressing 
this important issue in such a comprehensive manner. However, if the 
Senate's debate on immigration is to be truly comprehensive, it must 
address not only its better-known propositions and factors but also its 
lesser-known ones as well.
  My bill seeks to address and resolve an immigration issue that, while 
rooted in a set of historical circumstance more than seven decades old, 
remains unresolved to this day. It is an issue of great concern to 
Filipino World War II veterans and to Filipino Americans, and it ought 
to be an issue of great concern to all American veterans and citizens 
with an interest in justice and fairness.
  Before I discuss the specifics of my bill, I would first like to 
thank my dear friend and colleague, the senior Senator from Hawaii, 
Daniel K. Inouye, for cosponsoring this bill. In the 101st Congress, 
Senator Inouye authored Section 405 of the Immigration Act of 1990, 
which provided for the naturalization of Filipino World War II 
veterans. Senator Inouye has a long history of being involved in this 
important effort and it is an honor to have his support on my bill 
today.
  To understand the significance of this bill, it is important to first 
provide some background about the historical circumstances that got us 
to where we are today.
  In 1941, on the basis of 1934 legislation enacted prior to Philippine 
independence, President Franklin D. Roosevelt issued an executive 
order. Through this order, President Roosevelt invoked his authority to 
``call and order into the service of the Armed Forces of the United 
States,'' including ``all of the organized military forces of the 
Government of the Commonwealth of the Philippines.'' This order drafted 
more than 200,000 Filipino citizens into the United States military. 
Under the command of General Douglas MacArthur, Filipino soldiers 
fought alongside American soldiers in the defense of our country.
  Throughout the course of World War II, these Filipino soldiers proved 
themselves to be courageous and honorable comrades in arms as they 
helped the United States fulfill its mission. There was no question 
that they would be treated the same as American troops.
  These Filipino soldiers are war heroes, and deserved to be treated as 
such. They provided active duty service on behalf of the U.S. military, 
which should have qualified them for the same benefits as other active-
duty veterans. Congress betrayed these veterans by enacting the First 
Supplemental Surplus Appropriation Rescission Act in 1946, which 
included a rider that conditioned an appropriation of $200 million, for 
the benefit of the postwar Philippine Army, on the basis that service 
in the Commonwealth Army should not be deemed to have been service in 
the Armed Forces of the United States.
  Commonwealth Army members were those called into the service of the 
United States Armed Forces for the Far East. These members served 
between July 26, 1941, and June 30, 1946. Similarly, Congress enacted 
the Second Supplemental Surplus Appropriation Rescission Act, which 
provided that service in the New Philippine Scouts was not deemed to be 
service in the U.S. military.
  New Philippine Scouts were Filipino citizens who served with the 
United States Armed Forces with the consent of the Philippine 
government. They served between October 6, 1945, and June 30, 1947.
  These veterans are now in their eighties and nineties. Of the 200,000 
Filipino veterans that served in World War II, close to 49,000 survive. 
Some of these veterans receive U.S. benefits, some do not. By 2010, it 
is estimated that there will be just 20,000 survivors.
  With the passage of the Immigration Act of 1990, the courage of the 
many Filipino soldiers who fought alongside our troops during World War 
II was finally recognized by our government, and Filipino veterans were 
offered the opportunity to obtain U.S. citizenship. According to the 
former Immigration and Naturalization Service, about 15,000 Filipino 
veterans live in the U.S. and became citizens between 1941 and 1995 
under the authority of the Immigration Act of 1990. Between that time 
about 11,000 veterans who live in the Philippines were successfully 
naturalized. These thousands of Filipino veterans clearly wished to 
spend their golden years in the United States, and I am pleased that 
the 1990 Immigration reform efforts provided them the opportunity to do 
so.
  Unfortunately, the offer did not extend to the adult sons and 
daughters of these veterans. As a result, the Filipino veterans who 
fought on behalf of America, and who now live in American and continue 
to contribute to America, must do so alone. Due to a backlog in the 
issuing of visas, many of the children of these veterans have waited 
more than twenty years before being able to obtain an immigrant visa.
  My bill, by exempting children of certain Filipino World War II 
veterans from the numerical limitation on immigrant visas, will ensure 
that our Filipino World War II veterans can enjoy and be supported by 
their family members in their twilight years. I believe it is a simple 
yet profound way that this country may honor the sacrifices made more 
than six decades ago by these war heroes.
  I urge my colleagues to honor the valiant contributions of Filipino 
World War II veterans to our Nation by supporting my bill.
                                 ______
                                 
      By Ms. LANDRIEU:
  S. 4071. A bill to amend the Internal Revenue Code of 1986 to extend 
the placed-in-service date requirement for low-income housing credit 
buildings and bonus depreciation property and the period for 
rehabilitation expenditures in the Gulf Opportunity Zone; to the 
Committee on Finance.
  Ms. LANDRIEU. Mr. President, the people of New Orleans and the rest 
of the Gulf Coast have been working hard to rebuild their communities 
and the economy of the region. The Gulf Opportunity (GO) Zone 
legislation that the Congress passed and the President signed into law 
at the end of last year, has contributed greatly to the rebuilding 
efforts.
  The benefits of this legislation have been tremendous so far. 
Hundreds of businesses, large and small, will be able

[[Page 22219]]

to take advantage of tax incentives made possible by the GO Zone bill. 
These include a bonus depreciation provision that allows businesses to 
take a 50 percent depreciation deduction in the first year on new plant 
or equipment in the GO Zone. This has helped jump start our recovery by 
giving businesses the incentive to invest quickly in the GO Zone.
  The GO Zone Act also increased the amount of low income housing tax 
credits available to GO Zone states. The Louisiana Housing Finance 
Agency reports that it has awarded more than $80 million in low income 
housing tax credits. These credits will be leveraged to finance 195 
rental housing developments for working families.
  The GO Zone also included an increased rehabilitation tax credit to 
encourage the preservation and rehabilitation of historic structures. 
We have many beautiful, old buildings in New Orleans and along the 
Gulf. They are part of our heritage and as we rebuild we want to 
preserve that heritage.
  The problem with the GO Zone Act is that these tax benefits have 
limits in terms of the time that they are available for our rebuilding. 
Most require that any plant and equipment, or the housing financed by 
the tax credits, must be placed in service by the end of 2008--that is 
only two years away. The rehabilitation tax credit is also only 
available until the end of 2008. The problem with this is that our 
recovery is going to take longer. In Louisiana we are rebuilding an 
entire city essentially from scratch. Whole communities were wiped out 
in Mississippi. We have never seen a recovery like the one we are 
attempting in the Gulf.
  The placed in service date is particularly difficult for the low 
income housing tax credits. It can take years to get together all of 
the financing for housing developments and even more time for 
construction. The current placed in service date effectively makes any 
credits allocated in 2008 unusable because it would be nearly 
impossible to get a building financed and constructed by the end of the 
year.
  Today, I am introducing legislation to extend the placed in service 
dates for the various GO Zone tax benefits for an additional two years. 
This will give us more time to take full advantage of the opportunities 
the GO Zone legislation has given us. Our recovery is proceeding 
steadily, but it will take time. We do not want to diminish the impact 
these tax credits will have on our recovery by artificially limiting 
their availability. My bill would make these credits available for a 
longer period of time so that the recovery in the Gulf will be 
sustained.
  I urge my colleagues to support this legislation and ask unanimous 
consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 4071

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENSION OF PLACED-IN-SERVICE DATE REQUIREMENT 
                   FOR LOW-INCOME HOUSING CREDIT BUILDINGS AND 
                   BONUS DEPRECIATION PROPERTY AND PERIOD FOR 
                   REHABILITATION EXPENDITURES IN GULF OPPORTUNITY 
                   ZONE.

       (a) Low-Income Housing Credit Buildings.--Section 1400N(c) 
     of the Internal Revenue Code of 1986 is amended--
       (1) by striking ``or 2008'' in paragraph (3)(A) and 
     inserting ``2008, 2009, or 2010'',
       (2) by striking ``during such period'' in paragraph 
     (3)(B)(ii) and inserting ``during the period described in 
     subparagraph (A)'', and
       (3) by striking ``or 2008'' in paragraph (4)(A) and 
     inserting ``2008, 2009, or 2010''.
       (b) Bonus Depreciation Property.--Section 1400N(d) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``December 31, 2007 (December 31, 2008, in 
     the case of nonresidential real property and residential 
     rental property)'' in paragraph (2)(A)(v) and inserting 
     ``December 31, 2010'', and
       (2) by striking ``January 1, 2008'' in paragraph (3)(B) and 
     inserting ``January 1, 2011''.
       (c) Increase in Rehabilitation Credit.--Section 1400N(h) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``2008'' and inserting ``2010''.
                                 ______
                                 
      By Ms. LANDRIEU (for herself and Mr. Kerry):
  S. 4072. A bill to address ongoing small business and homeowner needs 
in the Gulf Coast States impacted by Hurricane Katrina and Hurricane 
Rita; to the Committee on Small Business and Entrepreneurship.
  Ms. LANDRIEU: Mr. President, I come to the floor today to highlight 
the ongoing needs of our small businesses and homeowners in the Gulf 
Coast who were devastated by Hurricanes Katrina and Rita. In Louisiana 
alone, these disasters claimed 1,464 lives, destroyed more than 200,000 
homes and 18,000 businesses and inflicted $25 billion in uninsured 
losses. Many of my colleagues here in the Senate have been down to 
Louisiana and have seen firsthand the size and scope of the 
destruction. The Congress has been very generous in providing billions 
of Federal recovery dollars as well as valuable Gulf Opportunity (GO) 
Zone tax incentives to help spur recovery in the region. These 
resources will be key in the recovery of the region but there are 
additional needs on the ground that still must be addressed. That is 
why I am proud to introduce a bill today, the Gulf Coast Back to 
Business and Homes Act of 2006, which I believe, addresses these 
problems and shows our small businesses and homeowners that the Federal 
government is responsive to their needs. I am happy that my colleague, 
Senator Kerry, Ranking Member of the Senate Small Business & 
Entrepreneurship Committee, has joined me by cosponsoring this 
legislation.
  Katrina was the most destructive hurricane ever to hit the United 
States. The next month, in September, Hurricane Rita hit the Louisiana 
and Texas coast. It was the second most powerful hurricane ever to hit 
the United States, wreaking havoc on the southwestern part of my state 
and the east Texas coast. This one-two punch devastated Louisiana 
lives, communities and jobs, stretching from Cameron Parish in the west 
to Plaquemines Parish in the east.
  We are now rebuilding our State and the wide variety of communities 
that were devastated by Rita and Katrina, areas representing a diverse 
mix of population, income and cultures. We hope to restore the region's 
uniqueness and its greatness. To do that, we need to rebuild our local 
economies now and far into the future.
  My State estimates that there were 71,000 businesses in the Katrina 
and Rita disaster zones. As I mentioned, a total of 18,752 of these 
businesses were catastrophically destroyed. However, on a wider scale, 
according to the U.S. Chamber of Commerce, over 125,000 small and 
medium-sized businesses in the Gulf region were disrupted by Katrina 
and Rita. Many of these businesses have yet to resume operations and 
others are struggling to survive. We will never succeed without these 
small businesses. They will be the key to the revitalization of the 
Gulf Coast. We also cannot succeed if our homeowners are being buried 
under red tape and regulations.
  The people who work for the Small Business Administration and FEMA 
are dedicated and interested to help in the recovery of our region. 
However, these individuals are operating under a system which is 
inadequate and, in some cases, unresponsive to needs on the ground.
  I come to the floor today to introduce a bill which provides 
commonsense solutions to get the Federal assistance to our struggling 
businesses and homeowners. If we don't help them now, building a strong 
Gulf Coast will be all the more difficult if residents cannot rebuild 
their homes and businesses cannot open their doors.
  After talking to the business leaders and small businesses in my 
State, there are two things that they need right now: access to capital 
and additional time to repay their SBA Disaster loans. For homeowners, 
they are still encountering an SBA which is only disbursing small 
amounts of loan funds for home rebuilding. The SBA is also deducting 
proceeds from State-administered housing recovery grants to payoff 
existing SBA Disaster home loans. I understand the SBA is just doing 
its job and following the current laws, but I believe this is a 
situation where the current laws are actually

[[Page 22220]]

hurting taxpayers in their efforts to fully recover.
  For example, under current law, the SBA cannot disburse more than 
$10,000 for an approved Disaster Loan without showing collateral. This 
is to limit the loss to the SBA in the event that a loan defaults. 
However, this disbursement amount has not been increased since 1998 and 
these days, $10,000 is not enough to get a business up and running or 
to allow a homeowner to start making repairs. Our bill increases this 
collateral requirement for Katrina and Rita Disaster Loans from $10,000 
to $35,000.
  To address the lack of access to capital for our businesses, the bill 
includes a provision to provide funds to Louisiana, Mississippi, 
Alabama, and Texas to help small businesses now. Not three months from 
now, but as quickly as possible. We are asking for $100 million so that 
businesses can have money they need to repair, rebuild, and pay their 
employees until they get back up and running again. The States know 
what the needs of their affected businesses are and we want to provide 
them with this money so they can start helping businesses now.
  Many businesses and homeowners are also coming up on the end of their 
standard one-year deferment of payment on principal and interest on 
their SBA Disaster Loans. For most disasters, one-year is more than 
enough time for borrowers to get back on their feet. But for disasters 
on the scale of Katrina and Rita, one-year came and went, with 
communities just now seeing gas stations open and some homeowners are 
just now returning to rebuild their homes. This is a unique situation 
and for French Quarter businesses, where tourism is down 85 percent 
from pre-Katrina levels, to require them to start making payments on a 
$50,000 loan is virtually impossible if there are no customers! 
Homeowners too are experiencing widespread uncertainty and I believe 
the current one-year deferment requires serious reconsideration. That 
is why this bill gives borrowers an additional year to get their lives 
in order--allow residents to begin fixing their homes and allow 
businesses the time for economic activity to pick back up.
  For homeowners in Louisiana, the State is doing its part by setting 
up the Louisiana Road Home program, to provide homeowners with up to 
$150,000 in grant proceeds for uninsured losses on their properties. 
However, many applicants are concerned because under the Stafford and 
Small Business Acts, the SBA is required to ensure there are no 
`duplication of benefits' provided to disaster victims. This means that 
SBA must review every file which received an SBA Disaster Loan, and if 
there is deemed to be a duplication, deduct the duplication amount from 
the grant proceeds. As I said, I want the SBA to ensure taxpayers funds 
are used wisely, but at the same time, I want to ensure that all 
residents are able to get the funds they need to rebuild their homes.
  Under the current scenario, some residents who have additional 
uninsured losses, are being required to still pay back these grant 
proceeds. This is because many SBA loss inspections were done right 
after the storms in 2005, but since then building/labor costs have 
increased dramatically, and this is not reflected in the SBA verified 
loss. Borrowers are able to request a loan modification from SBA, but 
many residents who waited months and months for SBA to respond, are 
wary to go through the process again, especially if there is a prospect 
they will be declined for the increased loan amount. I can't blame them 
because there is enough uncertainty down there right now. Personally, I 
would also be hesitant to go through the SBA loan process again if I 
had to fill out as much paperwork as my constituents have had to fill 
out, and to receive constant requests for more information once they 
think they are done with submitting information.
  For this reason, this bill provides the SBA Administrator the 
flexibility to consider this `duplication of benefits' to be, rather 
than the entire SBA loan amount, to instead be the difference between 
the Federal Government's subsidized interest rate on the loan and the 
market rate at which the borrower could have borrowed such funds. This 
provides borrowers with additional funds for rebuilding while retaining 
the Federal Government's financial responsibility to taxpayers.
  In introducing this bill today, I am hopeful it sends the signal to 
Gulf Coast residents and businesses that Congress has not forgotten 
about them. Congress has done a great deal during the 109th Congress to 
help disaster victims, but that does mean we should just write off 
recurring problems to the responsibility of states or disaster victims 
themselves. I believe that both the leadership on the Senate Committee 
on Small Business & Entrepreneurship as well as the new SBA 
Administrator, Steve Preston, are receptive to addressing these ongoing 
needs in the Gulf Coast. I look forward to working closely with them in 
the coming weeks to provide substantive and lasting solutions for our 
small businesses and homeowners.
  I urge my colleagues to support this important legislation and ask 
unanimous consent that the text of the legislation be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 4072

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Gulf Coast Back to Business 
     and Homes Act of 2006''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) 43 percent of businesses that close following a natural 
     disaster never reopen;
       (2) an additional 29 percent of businesses close down 
     permanently within 2 years of a natural disaster;
       (3) Hurricane Katrina struck the Gulf Coast of the United 
     States on August 29, 2005, negatively impacting small 
     business concerns and disrupting commerce in the States of 
     Louisiana, Mississippi, and Alabama;
       (4) Hurricane Rita struck the Gulf Coast of the United 
     States on September 24, 2005, negatively impacting small 
     business concerns and disrupting commerce in the States of 
     Texas and Louisiana;
       (5) according to the United States Chamber of Commerce, 
     more than 125,000 small and medium-sized businesses in the 
     Gulf Coast were disrupted by Hurricane Katrina or Hurricane 
     Rita;
       (6) due to a slow initial Federal response and the 
     widespread devastation in the affected States, businesses 
     impacted by Hurricane Katrina are in dire need of increased 
     access to capital and technical assistance to recover and 
     prosper; and
       (7) without the full recovery and prosperity of affected 
     businesses, the Gulf Coast, and the rest of the United 
     States, will be negatively impacted.

     SEC. 3. DEFINITIONS.

       In this Act--
       (1) the term ``Disaster Area'' means an area in which the 
     President has declared a major disaster in response to 
     Hurricane Katrina of 2005 or Hurricane Rita of 2005;
       (2) the term ``major disaster'' has the meaning given the 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122); and
       (3) the term ``small business concern'' has the meaning 
     given the term in section 3 of the Small Business Act (15 
     U.S.C. 632).

     SEC. 4. SMALL BUSINESS CONCERN RECOVERY GRANTS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Commerce $100,000,000 for the Economic 
     Development Administration of the Department of Commerce to 
     make grants to the appropriate State government agencies in 
     Louisiana, Alabama, Mississippi, and Texas, to carry out this 
     section.
       (b) Disbursement of Funds.--The Department of Commerce 
     shall disburse the funds authorized under subsection (a) in 
     the most expeditious manner possible to the designated 
     States, based on--
       (1) the number of small business concerns directly damaged 
     or disrupted by Hurricane Katrina of 2005 or Hurricane Rita 
     of 2005 in the State;
       (2) the number of residents displaced from the State by 
     Hurricane Katrina of 2005 or Hurricane Rita of 2005;
       (3) the number of jobs lost or disrupted by Hurricane 
     Katrina of 2005 or Hurricane Rita of 2005 in the State;
       (4) the extent of economic disruption by Hurricane Katrina 
     of 2005 or Hurricane Rita of 2005 in the State; and
       (5) the number of evacuees from any other State due to 
     Hurricane Katrina of 2005 or Hurricane Rita of 2005, to whom 
     the designated State is providing assistance.
       (c) Use of Funds.--
       (1) In general.--Grants awarded to a State under subsection 
     (a) shall be used by the State to provide grants, which may 
     be made to any small business concern located in a Disaster 
     Area that was negatively impacted

[[Page 22221]]

     by Hurricane Katrina of 2005 or Hurricane Rita of 2005, to 
     assist such small business concern for the purposes of--
       (A) paying employees;
       (B) paying bills and other existing financial obligations;
       (C) making repairs;
       (D) purchasing inventory;
       (E) restarting or operating that business in the community 
     in which it was conducting operations prior to Hurricane 
     Katrina of 2005 or Hurricane Rita of 2005, or to a 
     neighboring area or county or parish in a Disaster Area; or
       (F) covering additional costs until that small business 
     concern is able to obtain funding through insurance claims, 
     Federal assistance programs, or other sources.
       (2) Criteria.--Notwithstanding any other provision of law, 
     in making grants under paragraph (1), a State may use such 
     criteria as the State determines appropriate, and shall not 
     be required to apply eligibility criteria for programs 
     administered by the Federal Government, including the 
     Department of Commerce.
       (3) Administrative expenses.--The Department of Commerce 
     may use not more than $1,000,000 of the funds authorized 
     under subsection (a) to administer the provision of grants to 
     the designated States under this subsection.

     SEC. 5. DISASTER LOANS AFTER HURRICANE KATRINA OR HURRICANE 
                   RITA.

       (a) In General.--Section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) is amended by inserting immediately after 
     paragraph (3) the following:
       ``(4) Disaster loans after hurricane katrina or hurricane 
     rita in a disaster area.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `Disaster Area' means an area in which the 
     President has declared a major disaster in response to 
     Hurricane Katrina of 2005 or Hurricane Rita of 2005; and
       ``(ii) the term `qualified borrower' means a person to whom 
     the Administrator made a loan under this section because of 
     Hurricane Katrina of 2005 or Hurricane Rita of 2005.
       ``(B) Deferment of disaster loan payments.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, payments of principal and interest on a loan to a 
     qualified borrower made before December 31, 2006, shall be 
     deferred, and no interest shall accrue with respect to such 
     loan, during the time period described in clause (ii).
       ``(ii) Time period.--The time period for purposes of clause 
     (i) shall be 1 year from the later of the date of enactment 
     of this paragraph or the date on which funds are distributed 
     under a loan described in clause (i), but may be extended to 
     2 years from such date, at the discretion of the 
     Administrator.
       ``(iii) Resumption of payments.--At the end of the time 
     period described in clause (ii), the payment of periodic 
     installments of principal and interest shall be required with 
     respect to such loan, in the same manner and subject to the 
     same terms and conditions as would otherwise be applicable to 
     any other loan made under this subsection.''.
       (b) Increasing Collateral Requirements.--
       (1) In general.--Notwithstanding any other provision of 
     law, including section 7(c)(6) of the Small Business Act (15 
     U.S.C. 636(c)(6)), the Administrator may not require 
     collateral for any covered loan made by the Administrator.
       (2) Definition.--In this subsection, the term ``covered 
     loan'' means a loan in an amount of not more than $35,000 
     made--
       (A) under section 7(b)(1) of the Small Business Act (15 
     U.S.C. 636(b)(1));
       (B) as a result of Hurricane Katrina of 2005 or Hurricane 
     Rita of 2005; and
       (C) after the date of enactment of this Act.

     SEC. 6. WAIVER OF DUPLICATION OF CERTAIN BENEFITS.

       (a) In General.--Chapter 9 of title II of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 
     120 Stat. 471) is amended under the heading ``community 
     development fund (including transfer of funds)'' under the 
     heading ``Community Planning and Development'' under the 
     heading ``DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'', by 
     inserting after ``Army Corps of Engineers:'' the following: 
     ``Provided further, That notwithstanding the previous proviso 
     or any other provision of law, in providing assistance in the 
     State of Louisiana, the Administrator of the Small Business 
     Administration may (in determining whether activities are 
     reimbursable under, or whether funds have been made available 
     under, the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) using amounts made 
     available under this heading) use as the amount of a loan 
     under section 7(b) of the Small Business Act (15 U.S.C. 
     636(b)) the amount attributable to the difference between the 
     rate of interest on such loan and the market rate at which 
     such borrower could have borrowed such funds, over the period 
     of such loan:''.
       (b) Effective Date and Applicability.--
       (1) Effective date.--The amendments made by this section 
     shall be deemed to have taken effect as though enacted as 
     part of the Emergency Supplemental Appropriations Act for 
     Defense, the Global War on Terror, and Hurricane Recovery, 
     2006 (Public Law 109-234; 120 Stat. 418).
       (2) Applicability.--The amendments made by this section 
     shall apply to any application for assistance under section 
     7(b) of the Small Business Act (15 U.S.C. 636(b)) that is 
     submitted not later than 1 year after the date of enactment 
     of this Act.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE RESOLUTION 615--DESIGNATING NOVEMBER 26, 2006, AS ``DRIVE SAFER 
                                SUNDAY''

  Mr. CHAMBLISS (for himself and Mr. Isakson) submitted the following 
resolution; which was referred to the Committee on the Judiciary:

                              S. Res. 516

       Whereas motor vehicle travel is the primary means of 
     transportation in the United States;
       Whereas everyone on the roads and highways needs to drive 
     more safely to reduce deaths and injuries resulting from 
     motor vehicle accidents;
       Whereas the death of almost 43,000 people a year in more 
     than 6 million highway crashes in the United States has been 
     called an epidemic by Transportation Secretary Norman Mineta;
       Whereas according to the National Highway Transportation 
     Safety Administration, wearing a seat belt saved 15,434 lives 
     in 2004 and 15,632 lives in 2005; and
       Whereas the Sunday after Thanksgiving is the busiest 
     highway traffic day of the year: Now, therefore, be it
       Resolved, That the Senate--
       (1) encourages--
       (A) high schools, colleges, universities, administrators, 
     teachers, primary schools, and secondary schools to launch 
     campus-wide educational campaigns to urge students to be 
     careful about safety when driving;
       (B) national trucking firms to alert their drivers to be 
     especially focused on driving safely during the heaviest 
     traffic day of the year, and to publicize the importance of 
     the day using Citizen's band (CB) radios and in truck stops 
     across the Nation;
       (C) clergy to remind their members to travel safely when 
     attending services and gatherings;
       (D) law enforcement personnel to remind drivers and 
     passengers to drive particularly safely on the Sunday after 
     Thanksgiving; and
       (E) everyone to use the Sunday after Thanksgiving as an 
     opportunity to educate themselves about highway safety; and
       (2) designates November 26, 2006, as ``Drive Safer 
     Sunday''.

  Mr. CHAMBLISS. Mr. President, I am submitting a resolution to 
designate Sunday, November 26, 2006, as Drive Safer Sunday.
  Motor vehicle travel is the primary source of travel in the United 
States and statistics show that the Sunday after Thanksgiving is the 
busiest highway traffic day of the year. Too many holidays end 
tragically due to the careless and reckless behavior of motorists and I 
hope that this resolution will raise awareness and help save lives. It 
should also serve as a reminder to those traveling over Thanksgiving 
holidays and all year long to be vigilant, alert, and careful.
  Steve and Susan Owings are constituents of mine in Atlanta, GA. In 
2002, their son Cullum Owings was in a fatal crash on the Sunday after 
Thanksgiving while traveling back to college. This resolution is in 
honor of Cullum, and designed with the hope that other families like 
the Owings, will not have to suffer such a tragic loss.
  According to the Georgia Governor's Office of Highway Safety, our 
Georgia roads had 348,040 crashes with 1,744 fatalities in 2005. Two of 
the major contributing factors to the loss of life in these crashes 
were speeding and unrestrained passengers.
  According to the National Highway Transportation Safety 
Administration,
  An estimated 15,434 lives in 2004 and 15,632 lives in 2005 were saved 
as a result of passengers wearing their seatbelts.
  Safety belts, when used, reduce the risk of fatal injury to front 
seat passenger car occupants by 45 percent.
  Six out of 10 children who died in passenger vehicle crashes were 
unbelted.
  At least 4 percent of automobile crashes are the result of distracted 
driving.
  An average 119 people died each day as a result of motor crashes in 
2005--an average of one every 12 minutes.
  From 1975 through 2005, an estimated 211,128 lives were saved by 
safety belts.

[[Page 22222]]

  From 1975 through 2005, an estimated 7,896 lives were saved by child 
restraints.
  In 2005, 68 percent of pickup drivers killed in traffic crashes were 
not using a safety belt.
  With families traveling to see relatives and students nationwide 
trying to get back to school, America's highways and interstates are 
highly congested and present many opportunities for dangerous or fatal 
accidents. This resolution encourages automobile drivers, truckers, 
passengers, and law enforcement agencies to work together to make the 
highways a safer place this Sunday after Thanksgiving. It also 
encourages all Americans to slow down, wear their seatbelts, use 
signals, and be aware of all the other cars and trucks on the road. It 
is my hope that we can all work together to reduce the number of 
injuries and fatalities that result from car crashes while keeping 
families happy and together.

                          ____________________




 SENATE RESOLUTION 616--AUTHORIZING THE MAJORITY LEADER AND ONE STAFF 
MEMBER TO TRAVEL TO MEXICO FOR THE INAUGURATION OF THE NEW PRESIDENT OF 
                 MEXICO SCHEDULED FOR DECEMBER 2, 2006

  Mr. FRIST submitted the following resolution; which was considered 
and agreed to:

                              S. Res. 616

       Resolved, That the Majority Leader and one staff member are 
     authorized to travel to Mexico for the inauguration of the 
     new President of Mexico scheduled for December 2, 2006.

                          ____________________




  SENATE RESOLUTION 617--DESIGNATING NOVEMBER 2006 AS ``NATIONAL LUNG 
                        CANCER AWARENESS MONTH''

  Mr. CHAMBLISS submitted the following resolution; which was referred 
to the Committee on the Judiciary:

                              S. Res. 617

       Whereas lung cancer is the leading cancer killer of both 
     men and women, accounting for nearly 1 in every 3 cancer 
     deaths in the United States;
       Whereas lung cancer claims the lives of more people each 
     year than breast, prostate, colon, liver, and kidney cancers 
     combined;
       Whereas the Surveillance, Epidemiology, and End Results 
     (SEER) Program of the National Cancer Institute estimates 
     that, in 2006, 174,470 new lung cancer cases will be 
     diagnosed and 162,460 individuals will die of lung cancer in 
     the United States;
       Whereas both incidence and mortality rates for lung cancer 
     are significantly higher in black males than in the general 
     population of the United States;
       Whereas smoking causes 87 percent of lung cancer deaths in 
     the United States;
       Whereas the best way to decrease the number of diagnoses 
     and deaths per year from lung cancer is to encourage people 
     in the United States to quit smoking;
       Whereas a former smoker's risk of lung cancer does not 
     decrease significantly until 20 years after the individual 
     quit smoking;
       Whereas the International Early Lung Cancer Action Program 
     has demonstrated in a 14-year study with 31,567 participants 
     that computer tomography scans can detect lung cancer in 
     Stage I when the cancer can be more easily treated and cured, 
     giving individuals who are diagnosed early a 10-year survival 
     rate of 88 percent;
       Whereas there is a need to increase public awareness of 
     statistics, risk factors, and the importance of early 
     diagnosis;
       Whereas individuals with cancers that are routinely 
     diagnosed at early stages through screening, such as breast 
     cancer and prostate cancer, have high survival rates of 88 
     percent and 99 percent, respectively;
       Whereas the 5-year survival rate for lung cancer in the 
     United States is still only 15 percent, a rate virtually 
     unchanged since the enactment of the National Cancer Act of 
     1971; and
       Whereas designating November 2006 as ``National Lung Cancer 
     Awareness Month'', as proposed by the Lung Cancer Alliance 
     and the Lung Cancer Alliance of Georgia, will increase public 
     awareness about lung cancer and the need for lung cancer 
     research and early detection: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates November 2006 as ``National Lung Cancer 
     Awareness Month''; and
       (2) reaffirms the Senate's commitment to--
       (A) advancing lung cancer research and early detection, and 
     particularly the Lung Cancer Alliance of Georgia's goal of 
     significantly increasing the 5-year survival rate of 
     individuals diagnosed with lung cancer in the United States 
     to 50 percent within 10 years; and
       (B) working with all Federal agencies involved in cancer 
     research to develop a coordinated roadmap for accomplishing 
     that goal.

  Mr. CHAMBLISS. Mr. President, today I am submitting a resolution 
recognizing November as National Lung Cancer Awareness Month. It is 
important for Americans to recognize the large number of individuals 
who are diagnosed with and die from lung cancer each year. This 
resolution is a reminder to all Americans to help raise awareness about 
lung cancer, including the importance of early detection and treatment 
of this dreadful disease.
  In the United States, nearly 125,000 Americans die from lung, 
trachea, and bronchus cancer each year. According to the Centers for 
Disease Control, CDC, lung cancer is the number one cause of cancer 
deaths nationally for men and women. More American women will die from 
lung cancer than die from breast cancer each year. The disease kills 
more individuals than breast, prostate, colon, liver, and kidney 
cancers combined. In my home state of Georgia this year alone, more 
than 6,200 Georgians will be diagnosed with and almost 5,000 will die 
from lung cancer.
  The best way to decrease the amount of diagnosis and deaths per year 
from lung cancer is for Americans not to smoke. According to the CDC, 
cigarette smoking is harmful to human health and plays a major role in 
90 percent of all lung cancer deaths. The sooner that a person quits 
smoking, the greater chance that person has of not contracting lung 
cancer.
  For the fiscal year 2007, the National Institutes of Health, NIH, 
will spend an estimated $285 million, and the National Cancer 
Institute, NCI, will spend $261 million on lung cancer research. This 
money will be spent to reduce the risk of contracting the disease and 
find a cure for lung cancer. As our Nation continues the fight against 
cancer, it is important for Congress to provide continued support to 
the NIH and NCI in order to find a cure for this terrible disease and 
reach our goal of eliminating suffering and death from cancer by 2015. 
Through advancements in science and research, cancer has become one of 
the most preventable and increasingly curable life threatening 
diseases. As a cancer survivor, I will be the first to tell you that 
prevention and detection greatly increases your chances of survival. It 
is my hope that recognizing November as National Lung Cancer Awareness 
Month will remind everyone that maintaining a healthy lifestyle coupled 
with early detection through screening greatly reduces the risk of 
cancer.
  I commend the Lung Cancer Alliance of Georgia on all of their hard 
work in helping to raise awareness regarding this deadly disease. The 
Lung Cancer Alliance of Georgia has been at the forefront in organizing 
the state movement to combat lung cancer, releasing a state report card 
for Georgia that brings to light many specific problems our state has 
in relation to lung cancer. It is important to bring these problems to 
the forefront in order to work together to help reduce the rate of lung 
cancer incidence and deaths. I commend my friend Ed Levitt, his wife 
Linda, and Lung Cancer Alliance of Georgia, for all of their hard work 
in making lung cancer awareness a top priority.

                          ____________________




SENATE RESOLUTION 618--DESIGNATING NOVEMBER 26, 2006, AS ``DRIVE SAFER 
                                SUNDAY''

  Mr. CHAMBLISS (for himself and Mr. Isakson) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 618

       Whereas motor vehicle travel is the primary means of 
     transportation in the United States;
       Whereas everyone on the roads and highways needs to drive 
     more safely to reduce deaths and injuries resulting from 
     motor vehicle accidents;
       Whereas the death of almost 43,000 people a year in more 
     than 6 million highway crashes in the United States has been 
     called an epidemic by Transportation Secretary Norman Mineta;
       Whereas according to the National Highway Transportation 
     Safety Administration, wearing a seat belt saved 15,434 lives 
     in 2004 and 15,632 lives in 2005; and

[[Page 22223]]

       Whereas the Sunday after Thanksgiving is the busiest 
     highway traffic day of the year: Now, therefore, be it
       Resolved, That the Senate--
       (1) encourages--
       (A) high schools, colleges, universities, administrators, 
     teachers, primary schools, and secondary schools to launch 
     campus-wide educational campaigns to urge students to be 
     careful about safety when driving;
       (B) national trucking firms to alert their drivers to be 
     especially focused on driving safely during the heaviest 
     traffic day of the year, and to publicize the importance of 
     the day using Citizen's band (CB) radios and in truck stops 
     across the Nation;
       (C) clergy to remind their members to travel safely when 
     attending services and gatherings;
       (D) law enforcement personnel to remind drivers and 
     passengers to drive particularly safely on the Sunday after 
     Thanksgiving; and
       (E) everyone to use the Sunday after Thanksgiving as an 
     opportunity to educate themselves about highway safety; and
       (2) designates November 26, 2006, as ``Drive Safer 
     Sunday''.

                          ____________________




SENATE RESOLUTION 619--EXPRESSING THE SENSE OF THE SENATE THAT SENATOR 
 PAUL WELLSTONE SHOULD BE REMEMBERED FOR HIS COMPASSION AND LEADERSHIP 
  ON SOCIAL ISSUES AND THAT CONGRESS SHOULD ACT TO END DISCRIMINATION 
 AGAINST CITIZENS OF THE UNITED STATES WHO LIVE WITH MENTAL ILLNESS BY 
MAKING LEGISLATION RELATING TO MENTAL HEALTH PARITY A PRIORITY FOR THE 
                             110TH CONGRESS

  Mr. DURBIN (for himself, Mr. Coleman, Mr. Kennedy, Mr. Harkin, Mr. 
Dayton, Mr. Feingold, Mr. Reed, Mr. Dodd, Mrs. Murray, Mr. Lautenberg, 
and Mr. Leahy) submitted the following resolution; which was considered 
and agreed to:

                              S. Res. 619

       Whereas Paul Wellstone served with distinction as a Senator 
     from the State of Minnesota;
       Whereas, for more than 20 years, Paul Wellstone inspired 
     the students of Carleton College in Northfield, Minnesota;
       Whereas Paul Wellstone was a loving father and husband, a 
     loyal citizen of the United States, and a compassionate 
     person;
       Whereas Paul Wellstone dedicated his life to bringing equal 
     access to education, economic opportunity, and comprehensive 
     healthcare to all citizens of the United States;
       Whereas Paul Wellstone worked tirelessly to advance mental 
     health parity for all citizens of the United States;
       Whereas more than 44,000,000 citizens of the United States 
     suffer from some form of a mental health-related condition;
       Whereas only \1/3\ of those citizens seek or receive 
     treatment for their mental health-related condition;
       Whereas 34 States have enacted laws that require some form 
     of access to mental health treatments that is similar to 
     physical health coverage; and
       Whereas the tragic and premature death of Paul Wellstone on 
     October 25, 2002, silenced 1 of the leading voices of the 
     Senate who spoke on behalf of the citizens of the United 
     States who live with a mental illness: Now, therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) on the fourth anniversary of his passing, Senator Paul 
     Wellstone should be remembered for his compassion and 
     leadership on social issues throughout his career; and
       (2) Congress should act to end discrimination against 
     citizens of the United States who live with a mental illness 
     by enacting legislation to provide for coverage of mental 
     health benefits with respect to health insurance coverage.

                          ____________________




  SENATE RESOLUTION 620--DESIGNATING NOVEMBER 2006 AS ``NATIONAL LUNG 
                        CANCER AWARENESS MONTH''

  Mr. CHAMBLISS submitted the following resolution; which was 
considered and agreed to:

                              S. Res. 620

       Whereas lung cancer is the leading cancer killer of both 
     men and women, accounting for nearly 1 in every 3 cancer 
     deaths in the United States;
       Whereas lung cancer claims the lives of more people each 
     year than breast, prostate, colon, liver, and kidney cancers 
     combined;
       Whereas the Surveillance, Epidemiology, and End Results 
     (SEER) Program of the National Cancer Institute estimates 
     that, in 2006, 174,470 new lung cancer cases will be 
     diagnosed and 162,460 individuals will die of lung cancer in 
     the United States;
       Whereas both incidence and mortality rates for lung cancer 
     are significantly higher in black males than in the general 
     population of the United States;
       Whereas smoking causes 87 percent of lung cancer deaths in 
     the United States;
       Whereas the best way to decrease the number of diagnoses 
     and deaths per year from lung cancer is to encourage people 
     in the United States to quit smoking;
       Whereas a former smoker's risk of lung cancer does not 
     decrease significantly until 20 years after the individual 
     quit smoking;
       Whereas the International Early Lung Cancer Action Program 
     has demonstrated in a 14-year study with 31,567 participants 
     that computer tomography scans can detect lung cancer in 
     Stage I when the cancer can be more easily treated and cured, 
     giving individuals who are diagnosed early a 10-year survival 
     rate of 88 percent;
       Whereas there is a need to increase public awareness of 
     statistics, risk factors, and the importance of early 
     diagnosis;
       Whereas individuals with cancers that are routinely 
     diagnosed at early stages through screening, such as breast 
     cancer and prostate cancer, have high survival rates of 88 
     percent and 99 percent, respectively;
       Whereas the 5-year survival rate for lung cancer in the 
     United States is still only 15 percent, a rate virtually 
     unchanged since the enactment of the National Cancer Act of 
     1971; and
       Whereas designating November 2006 as ``National Lung Cancer 
     Awareness Month'', as proposed by the Lung Cancer Alliance 
     and the Lung Cancer Alliance of Georgia, will increase public 
     awareness about lung cancer and the need for lung cancer 
     research and early detection: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates November 2006 as ``National Lung Cancer 
     Awareness Month''; and
       (2) reaffirms the Senate's commitment to--
       (A) advancing lung cancer research and early detection, and 
     particularly the Lung Cancer Alliance of Georgia's goal of 
     significantly increasing the 5-year survival rate of 
     individuals diagnosed with lung cancer in the United States 
     to 50 percent within 10 years; and
       (B) working with all Federal agencies involved in cancer 
     research to develop a coordinated roadmap for accomplishing 
     that goal.

                          ____________________




   SENATE RESOLUTION 621--DESIGNATING THE WEEK OF FEBRUARY 5 THROUGH 
  FEBRUARY 9, 2007, AS ``NATIONAL TEEN DATING VIOLENCE AWARENESS AND 
                           PREVENTION WEEK''

  Mr. CRAPO (for himself, Mrs. Clinton, Mr. Lieberman, Ms. Murkowski, 
and Mr. Menendez) submitted the following resolution; which was 
considered and agreed to:

                              S. Res. 621

       Whereas 1 in 3 female teens in a dating relationship have 
     feared for their physical safety;
       Whereas 1 in 2 teens in serious relationships have 
     compromised their beliefs to please their partner;
       Whereas nearly 1 in 5 teens who have been in a serious 
     relationship said their boyfriend or girlfriend would 
     threaten to hurt themselves or their partner if there was a 
     breakup;
       Whereas 1 in 5 teens in a serious relationship report they 
     have been hit, slapped, or pushed by a partner;
       Whereas more than 1 in 4 teens have been in a relationship 
     where their partner verbally abuses them;
       Whereas 13 percent of Hispanic teens reported that hitting 
     a partner was permissible;
       Whereas 29 percent of girls who have been in a relationship 
     said they have been pressured to have sex or engage in sex 
     they did not want;
       Whereas nearly 50 percent of girls worry that their partner 
     would break up with them if they did not agree to engage in 
     sex;
       Whereas Native American women experience higher rates of 
     interpersonal violence than any other population group;
       Whereas violent relationships in adolescence can have 
     serious ramifications for victims who are at higher risk for 
     substance abuse, eating disorders, risky sexual behavior, 
     suicide, and adult revictimization;
       Whereas the severity of violence among intimate partners 
     has been shown to increase if the pattern has been 
     established in adolescence;
       Whereas 81 percent of parents surveyed either believe 
     dating violence is not an issue or admit they do not know if 
     it is an issue; and
       Whereas the establishment of the National Teen Dating 
     Violence Awareness and Prevention Week will benefit schools, 
     communities, and families regardless of socio-economic 
     status, race, or sex: Now, therefore be it
       Resolved, That the Senate--
       (1) designates the week of February 5 through February 9, 
     2007, as ``National Teen Dating Violence Awareness and 
     Prevention Week''; and
       (2) calls upon the people of the United States, high 
     schools, law enforcement, State and local officials, and 
     interested groups, to

[[Page 22224]]

     observe National Teen Dating Violence Awareness and 
     Prevention Week with appropriate programs and activities that 
     promote awareness and prevention of the crime of teen dating 
     violence in their communities.

                          ____________________




                   AMENDMENTS SUBMITTED AND PROPOSED

       SA 5168. Mr. LUGAR proposed an amendment to the bill S. 
     3709, to exempt from certain requirements of the Atomic 
     Energy Act of 1954 United States exports of nuclear 
     materials, equipment, and technology to India, and to 
     implement the United States Additional Protocol.
       SA 5169. Mr. LUGAR (for Mr. Obama) proposed an amendment to 
     the bill S. 3709, supra.
       SA 5170. Mr. ENSIGN submitted an amendment intended to be 
     proposed by him to the bill S. 3709, supra; which was ordered 
     to lie on the table.
       SA 5171. Mr. CHAMBLISS submitted an amendment intended to 
     be proposed by him to the bill H.R. 5384, making 
     appropriations for Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies for the fiscal year 
     ending September 30, 2007, and for other purposes; which was 
     ordered to lie on the table.
       SA 5172. Mr. INHOFE submitted an amendment intended to be 
     proposed by him to the bill S. 3709, to exempt from certain 
     requirements of the Atomic Energy Act of 1954 United States 
     exports of nuclear materials, equipment, and technology to 
     India, and to implement the United States Additional 
     Protocol; which was ordered to lie on the table.
       SA 5173. Mr. LUGAR (for Mr. Harkin) proposed an amendment 
     to the bill S. 3709, supra.
       SA 5174. Mr. BINGAMAN (for himself and Mr. Kennedy) 
     proposed an amendment to the bill S. 3709, supra.
       SA 5175. Mr. FRIST (for Mr. Thomas) submitted an amendment 
     intended to be proposed by Mr. Frist to the bill H.R. 5384, 
     making appropriations for Agriculture, Rural Development, 
     Food and Drug Administration, and Related Agencies for the 
     fiscal year ending September 30, 2007, and for other 
     purposes; which was ordered to lie on the table.
       SA 5176. Mr. SALAZAR submitted an amendment intended to be 
     proposed by him to the bill H.R. 5384, supra; which was 
     ordered to lie on the table.
       SA 5177. Mr. SALAZAR submitted an amendment intended to be 
     proposed by him to the bill H.R. 5384, supra; which was 
     ordered to lie on the table.
       SA 5178. Mr. DORGAN proposed an amendment to the bill S. 
     3709, to exempt from certain requirements of the Atomic 
     Energy Act of 1954 United States exports of nuclear 
     materials, equipment, and technology to India, and to 
     implement the United States Additional Protocol.
       SA 5179. Mr. LUGAR (for Mr. Bingaman) proposed an amendment 
     to the bill S. 3709, supra.
       SA 5180. Mr. LUGAR (for Mr. Bingaman (for himself and Mr. 
     Domenici)) proposed an amendment to the bill S. 3709, supra.
       SA 5181. Mr. ENSIGN proposed an amendment to the bill S. 
     3709, supra.
       SA 5182. Mr. DORGAN proposed an amendment to the bill S. 
     3709, supra.
       SA 5183. Mr. FEINGOLD proposed an amendment to the bill S. 
     3709, supra.
       SA 5184. Mr. CRAPO submitted an amendment intended to be 
     proposed by him to the bill H.R. 5384, making appropriations 
     for Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies for the fiscal year 
     ending September 30, 2007, and for other purposes; which was 
     ordered to lie on the table.
       SA 5185. Ms. LANDRIEU submitted an amendment intended to be 
     proposed by her to the bill H.R. 5384, supra; which was 
     ordered to lie on the table.
       SA 5186. Ms. LANDRIEU submitted an amendment intended to be 
     proposed by her to the bill H.R. 5384, supra; which was 
     ordered to lie on the table.
       SA 5187. Mrs. BOXER proposed an amendment to the bill S. 
     3709, to exempt from certain requirements of the Atomic 
     Energy Act of 1954 United States exports of nuclear 
     materials, equipment, and technology to India, and to 
     implement the United States Additional Protocol.
       SA 5188. Mr. BINGAMAN (for himself, Mr. Domenici, Mr. Reid, 
     Mr. Baucus, Mrs. Boxer, Ms. Cantwell, Mr. Crapo, Mrs. 
     Feinstein, Mr. Kyl, Mrs. Murray, Mr. Salazar, and Mr. Wyden) 
     submitted an amendment intended to be proposed by him to the 
     bill H.R. 5384, making appropriations for Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies for the fiscal year ending September 30, 2007, and 
     for other purposes; which was ordered to lie on the table.
       SA 5189. Ms. LANDRIEU submitted an amendment intended to be 
     proposed by her to the bill H.R. 5384, supra; which was 
     ordered to lie on the table.
       SA 5190. Mr. VOINOVICH (for himself and Mr. DeWine) 
     submitted an amendment intended to be proposed by him to the 
     bill H.R. 5384, supra; which was ordered to lie on the table.
       SA 5191. Mr. MARTINEZ submitted an amendment intended to be 
     proposed by him to the bill H.R. 5384, supra; which was 
     ordered to lie on the table.
       SA 5192. Mr. FRIST (for Mrs. Feinstein) proposed an 
     amendment to the bill S. 994, to authorize the Attorney 
     General to make grants to improve the ability of State and 
     local governments to prevent the abduction of children by 
     family members, and for other purposes.
       SA 5193. Mr. FRIST (for Mr. Reid) proposed an amendment to 
     the concurrent resolution S. Con. Res. 101, condemning the 
     repression of the Iranian Baha'i community and calling for 
     the emancipation of Iranian Baha'is.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 5168. Mr. LUGAR proposed an amendment to the bill S. 3709, to 
exempt from certain requirements of the Atomic Energy Act of 1954 
United States exports of nuclear materials, equipment, and technology 
to India, and to implement the United States Additional Protocol; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

    TITLE I--UNITED STATES-INDIA PEACEFUL ATOMIC ENERGY COOPERATION

     SECTION 101. SHORT TITLE.

       This title may be cited as the ``United States-India 
     Peaceful Atomic Energy Cooperation Act''.

     SEC. 102. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) strong bilateral relations with India are in the 
     national interest of the United States;
       (2) the United States and India share common democratic 
     values and the potential for increasing and sustained 
     economic engagement;
       (3) commerce in civil nuclear energy with India by the 
     United States and other countries has the potential to 
     benefit the people of all countries;
       (4) such commerce also represents a significant change in 
     United States policy regarding commerce with countries not 
     parties to the Nuclear Non-Proliferation Treaty, which 
     remains the foundation of the international non-proliferation 
     regime;
       (5) any commerce in civil nuclear energy with India by the 
     United States and other countries must be achieved in a 
     manner that minimizes the risk of nuclear proliferation or 
     regional arms races and maximizes India's adherence to 
     international non-proliferation regimes, including, in 
     particular, the Guidelines of the Nuclear Suppliers Group 
     (NSG); and
       (6) the United States should not seek to facilitate or 
     encourage the continuation of nuclear exports to India by any 
     other party if such exports are terminated under United 
     States law.

     SEC. 103. DECLARATION OF POLICY CONCERNING UNITED STATES-
                   INDIA PEACEFUL ATOMIC ENERGY COOPERATION.

       It shall be the policy of the United States with respect to 
     any peaceful atomic energy cooperation between the United 
     States and India--
       (1) to achieve as quickly as possible a cessation of the 
     production by India and Pakistan of fissile materials for 
     nuclear weapons and other nuclear explosive devices;
       (2) to achieve as quickly as possible the Government of 
     India's adherence to, and cooperation in, the full range of 
     international non-proliferation regimes and activities, 
     including India's--
       (A) full participation in the Proliferation Security 
     Initiative;
       (B) formal commitment to the Statement of Interdiction 
     Principles;
       (C) public announcement of its decision to conform its 
     export control laws, regulations, and policies with the 
     Australia Group and with the Guidelines, Procedures, 
     Criteria, and Controls List of the Wassenaar Arrangement; and
       (D) demonstration of satisfactory progress toward 
     implementing the decision described in subparagraph (C);
       (3) to ensure that India remains in full compliance with 
     its non-proliferation, arms control, and disarmament 
     agreements, obligations, and commitments;
       (4) to ensure that any safeguards agreement or Additional 
     Protocol thereto to which India is a party with the 
     International Atomic Energy Agency (IAEA) can reliably 
     safeguard any export or reexport to India of any nuclear 
     materials and equipment;
       (5) to meet the requirements set forth in subsections a.(1) 
     and a.(3)-a.(9) of section 123 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2153);
       (6) to act in a manner fully consistent with the Guidelines 
     for Nuclear Transfers and the Guidelines for Transfers of 
     Nuclear-Related Dual-Use Equipment, Materials, Software and 
     Related Technology developed by the multilateral Nuclear 
     Suppliers Group and the rules and practices regarding NSG 
     decision-making;
       (7) given the special sensitivity of equipment and 
     technologies related to the enrichment of uranium, the 
     reprocessing of spent nuclear fuel, and the production of 
     heavy water, to work with members of the Nuclear Suppliers 
     Group, individually and collectively, to further restrict the 
     transfers of

[[Page 22225]]

     such equipment and technologies, including to India;
       (8) to maintain the fullest possible international support 
     for, adherence to, and compliance with the Nuclear Non-
     Proliferation Treaty; and
       (9) that exports of nuclear fuel to India should not 
     contribute to, or in any way encourage, increases in the 
     production by India of fissile material for non-civilian 
     purposes.

     SEC. 104. WAIVERS FOR COOPERATION WITH INDIA.

       (a) Waiver Authority.--If the President submits a 
     determination under section 105 to the appropriate 
     congressional committees and makes available to such 
     committees the text of the agreement described in paragraph 
     (3) of such section, the President may--
       (1) subject to subsection (b), exempt a proposed agreement 
     for cooperation with India arranged pursuant to section 123 
     of the Atomic Energy Act of 1954 (42 U.S.C. 2153) from the 
     requirement of subsection a.(2) of such section;
       (2) waive the application of section 128 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2157) with respect to exports 
     to India; and
       (3) waive the application of any sanction with respect to 
     India under--
       (A) section 129 a.(1)(D) of the Atomic Energy Act of 1954 
     (42 U.S.C. 2158(a)(1)(D)); and
       (B) section 129 of such Act (42 U.S.C. 2158) regarding any 
     actions that occurred before July 18, 2005.
       (b) Joint Resolution of Approval Requirement.--An agreement 
     for cooperation exempted by the President pursuant to 
     subsection (a)(1) shall be subject to the second proviso in 
     subsection d. of section 123 of the Atomic Energy Act of 1954 
     (42 U.S.C. 2153(d)) applicable to agreements exempted by the 
     President pursuant to subsection (a) of such section.

     SEC. 105. DETERMINATION REGARDING UNITED STATES-INDIA 
                   PEACEFUL ATOMIC ENERGY COOPERATION.

       The determination referred to in section 104 is a written 
     determination by the President, which shall be accompanied by 
     a report to the appropriate congressional committees, that--
       (1) India has provided to the IAEA and the United States a 
     credible plan to separate its civil nuclear facilities, 
     materials, and programs from its military facilities, 
     materials, and programs;
       (2) India has filed a complete declaration regarding its 
     civil nuclear facilities and materials with the IAEA;
       (3) an agreement between India and the IAEA requiring the 
     application of safeguards in perpetuity in accordance with 
     IAEA standards, principles, and practices to civil nuclear 
     facilities, programs, and materials described in paragraph 
     (2) has entered into force;
       (4) India and the IAEA are making substantial progress 
     toward implementing an Additional Protocol;
       (5) India is working with the United States to conclude a 
     multilateral treaty on the cessation of the production of 
     fissile materials for use in nuclear weapons or other nuclear 
     explosive devices;
       (6) India is supporting international efforts to prevent 
     the spread of enrichment and reprocessing technology to any 
     state that does not already possess full-scale, functioning 
     enrichment or reprocessing plants;
       (7) India has secured nuclear and other sensitive materials 
     and technology through the application of comprehensive 
     export control legislation and regulations, including through 
     effective enforcement actions, and through harmonization of 
     its control lists with, and adherence to, the guidelines of 
     the Missile Technology Control Regime and the Nuclear 
     Suppliers Group; and
       (8) the Nuclear Suppliers Group has decided to permit civil 
     nuclear commerce with India pursuant to a decision taken by 
     the Nuclear Suppliers Group that--
       (A) was made by consensus; and
       (B) does not permit nuclear commerce with any non-nuclear 
     weapon state other than India that does not have IAEA 
     safeguards on all nuclear materials and all peaceful nuclear 
     activities within the territory of such state, under its 
     jurisdiction, or carried out under its control anywhere.

     SEC. 106. PROHIBITION ON CERTAIN EXPORTS AND REEXPORTS.

       (a) Prohibition.--
       (1) Nuclear regulatory commission.--Except as provided in 
     subsection (b), the Nuclear Regulatory Commission may not 
     authorize pursuant to part 110 of title 10, Code of Federal 
     Regulations, licenses for the export or reexport to India of 
     any equipment, materials, or technology related to the 
     enrichment of uranium, the reprocessing of spent nuclear 
     fuel, or the production of heavy water.
       (2) Secretary of energy.--Except as provided in subsection 
     (b), the Secretary of Energy may not authorize pursuant to 
     part 810 of title 10, Code of Federal Regulations, licenses 
     for the export or reexport to India of any equipment, 
     materials, or technology to be used for the enrichment of 
     uranium, the reprocessing of spent nuclear fuel, or the 
     production of heavy water.
       (b) Exceptions.--Exports or reexports otherwise prohibited 
     under subsection (a) may be approved if--
       (1) the end user--
       (A) is a multinational facility participating in an IAEA-
     approved program to provide alternatives to national fuel 
     cycle capabilities; or
       (B) is a facility participating in, and the export or 
     reexport is associated with, a bilateral or multinational 
     program to develop a proliferation-resistant fuel cycle; and
       (2) the President determines that the export or reexport 
     will not improve India's ability to produce nuclear weapons 
     or fissile material for military uses.

     SEC. 107. END-USE MONITORING PROGRAM.

       (a) In General.--The President shall ensure that all 
     appropriate measures are taken to maintain accountability 
     with respect to nuclear materials, equipment, and technology 
     sold, leased, exported, or reexported to India and to ensure 
     United States compliance with Article I of the Nuclear Non-
     Proliferation Treaty.
       (b) Measures.--The measures taken pursuant to subsection 
     (a) shall include the following:
       (1) Obtaining and implementing assurances and conditions 
     pursuant to the export licensing authorities of the Nuclear 
     Regulatory Commission and the Department of Commerce and the 
     authorizing authorities of the Department of Energy, 
     including, as appropriate, conditions regarding end-use 
     monitoring.
       (2) A detailed system of reporting and accounting for 
     technology transfers, including any retransfers in India, 
     authorized by the Department of Energy pursuant to section 57 
     b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)). Such 
     system shall be capable of providing assurances that--
       (A) the identified recipients of the nuclear technology are 
     authorized to receive the nuclear technology;
       (B) the nuclear technology identified for transfer will be 
     used only for peaceful safeguarded nuclear activities and 
     will not be used for any military or nuclear explosive 
     purpose; and
       (C) the nuclear technology identified for transfer will not 
     be retransferred without the prior consent of the United 
     States, and facilities, equipment, or materials derived 
     through the use of transferred technology will not be 
     transferred without the prior consent of the United States.
       (3) In the event the IAEA is unable to implement safeguards 
     as required by an agreement between the United States and 
     India arranged pursuant to section 123 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2153), arrangements that conform with 
     IAEA safeguards standards, principles, and practices that 
     provide assurances equivalent to that intended to be secured 
     by the system they replace, including--
       (A) review in a timely fashion of the design of any 
     equipment transferred pursuant to the agreement for 
     cooperation, or of any facility that is to use, fabricate, 
     process, or store any material so transferred or any special 
     nuclear material used in or produced through the use of such 
     material and equipment;
       (B) maintenance and disclosure of records and of relevant 
     reports for the purpose of assisting in ensuring 
     accountability for material transferred pursuant to the 
     agreement and any source or special nuclear material used in 
     or produced through the use of any material and equipment so 
     transferred; and
       (C) access to places and data necessary to account for the 
     material referred to in subparagraph (B) and to inspect any 
     equipment or facility referred to in subparagraph (A).
       (c) Implementation.--The measures described in subsection 
     (b) shall be implemented to provide reasonable assurances 
     that the recipient is complying with the relevant 
     requirements, terms, and conditions of any licenses issued by 
     the United States regarding such exports, including those 
     relating to the use, retransfer, safe handling, secure 
     transit, and storage of such exports.

     SEC. 108. IMPLEMENTATION AND COMPLIANCE.

       (a) Information on Nuclear Activities of India.--The 
     President shall keep the appropriate congressional committees 
     fully and currently informed of the facts and implications of 
     any significant nuclear activities of India, including--
       (1) any material non-compliance on the part of the 
     Government of India with--
       (A) the non-proliferation commitments undertaken in the 
     Joint Statement of July 18, 2005, between the President of 
     the United States and the Prime Minister of India;
       (B) the separation plan presented in the national 
     parliament of India on March 7, 2006, and in greater detail 
     on May 11, 2006;
       (C) a safeguards agreement between the Government of India 
     and the IAEA;
       (D) an Additional Protocol between the Government of India 
     and the IAEA;
       (E) a peaceful nuclear cooperation agreement between the 
     Government of India and the United States Government pursuant 
     to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2153) or any subsequent arrangement under section 131 of such 
     Act (42 U.S.C. 2160);
       (F) the terms and conditions of any approved licenses; and
       (G) United States laws and regulations regarding the export 
     or reexport of nuclear material or dual-use material, 
     equipment, or technology;

[[Page 22226]]

       (2) the construction of a nuclear facility in India after 
     the date of the enactment of this Act;
       (3) significant changes in the production by India of 
     nuclear weapons or in the types or amounts of fissile 
     material produced; and
       (4) changes in the purpose or operational status of any 
     unsafeguarded nuclear fuel cycle activities in India.
       (b) Implementation and Compliance Report.--Not later than 
     180 days after the date on which an agreement between the 
     Government of India and the United States Government pursuant 
     to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2153) enters into force, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report including--
       (1) a description of any additional nuclear facilities and 
     nuclear materials that the Government of India has placed or 
     intends to place under IAEA safeguards;
       (2) a comprehensive listing of--
       (A) all licenses that have been approved by the Nuclear 
     Regulatory Commission and the Secretary of Energy for exports 
     and reexports to India under parts 110 and 810 of title 10, 
     Code of Federal Regulations;
       (B) any licenses approved by the Department of Commerce for 
     the export or reexport to India of commodities, related 
     technology, and software which are controlled for nuclear 
     non-proliferation reasons on the Nuclear Referral List of the 
     Commerce Control List maintained under part 774 of title 15, 
     Code of Federal Regulations;
       (C) any other United States authorizations for the export 
     or reexport to India of nuclear materials and equipment; and
       (D) with respect to each such license or other form of 
     authorization described in subparagraphs (A), (B), and (C)--
       (i) the number or other identifying information of each 
     license or authorization;
       (ii) the name or names of the authorized end user or end 
     users;
       (iii) the name of the site, facility, or location in India 
     to which the export or reexport was made;
       (iv) the terms and conditions included on such licenses and 
     authorizations;
       (v) any post-shipment verification procedures that will be 
     applied to such exports or reexports; and
       (vi) the term of validity of each such license or 
     authorization;
       (3) any significant nuclear commerce between India and 
     other countries, including any such trade that--
       (A) does not comply with applicable guidelines or decisions 
     of the Nuclear Suppliers Group; or
       (B) would not meet the standards applied to exports or 
     reexports of such material, equipment, or technology of 
     United States origin;
       (4) either--
       (A) a certification that India is in full compliance with 
     the commitments and obligations contained in the agreements 
     and other documents referenced in subparagraphs (A) through 
     (F) of subsection (a)(1); or
       (B) if the President cannot make such certification, an 
     identification and assessment of all compliance issues 
     arising with regard to the adherence by India to its 
     commitments and obligations, including--
       (i) the steps the United States Government has taken to 
     remedy or otherwise respond to such compliance issues;
       (ii) the responses of the Government of India to such 
     steps; and
       (iii) an assessment of the implications of any continued 
     noncompliance, including whether nuclear commerce with India, 
     if not already terminated under section 129 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2158), remains in the national 
     security interest of the United States;
       (5) a detailed description of--
       (A) United States efforts to promote national or regional 
     progress by India and Pakistan in disclosing, securing, 
     capping, and reducing their fissile material stockpiles, 
     pending creation of a world-wide fissile material cut-off 
     regime, including the institution of a Fissile Material Cut-
     off Treaty;
       (B) the reactions of India and Pakistan to such efforts; 
     and
       (C) assistance that the United States is providing, or 
     would be able to provide, to India and Pakistan to promote 
     the objectives in subparagraph (A), consistent with its 
     obligations under international law and existing agreements; 
     and
       (6) a detailed description of efforts and progress made 
     toward the achievement of India's--
       (A) full participation in the Proliferation Security 
     Initiative;
       (B) formal commitment to the Statement of Interdiction 
     Principles;
       (C) public announcement of its decision to conform its 
     export control laws, regulations, and policies with the 
     Australia Group and with the Guidelines, Procedures, 
     Criteria, and Controls List of the Wassenaar Arrangement; and
       (D) demonstration of satisfactory progress toward 
     implementing the decision described in subparagraph (C).
       (c) Submittal With Other Annual Reports.--
       (1) Report on proliferation prevention.--Each annual report 
     submitted under subsection (b) after the initial report may 
     be submitted together with the annual report on proliferation 
     prevention required under section 601(a) of the Nuclear Non-
     Proliferation Act of 1978 (22 U.S.C. 3281(a)).
       (2) Report on progress toward regional non-proliferation.--
     The information required to be submitted under subsection 
     (b)(5) after the initial report may be submitted together 
     with the annual report on progress toward regional non-
     proliferation required under section 620F(c) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2376(c)).
       (d) Form.--Each report submitted under this section shall 
     be submitted in unclassified form but may contain a 
     classified annex.

     SEC. 109. UNITED STATES COMPLIANCE WITH ITS NUCLEAR NON-
                   PROLIFERATION TREATY OBLIGATIONS.

       This title shall not be deemed to constitute authority for 
     any action in violation of any obligation of the United 
     States under the Nuclear Non-Proliferation Treaty.

     SEC. 110. INOPERABILITY OF DETERMINATION AND WAIVERS.

       A determination under section 105 and any waiver under 
     section 104 shall cease to be effective if the President 
     determines that India has detonated a nuclear explosive 
     device after the date of the enactment of this Act.

     SEC. 111. MTCR ADHERENT STATUS.

       Congress finds that India is not an MTCR adherent for the 
     purposes of Section 73 of the Arms Export Control Act (22 
     U.S.C. 2797b).

     SEC. 112. TECHNICAL AMENDMENT.

       Section 1112(c)(4) of the Arms Control and Nonproliferation 
     Act of 1999 (title XI of the Admiral James W. Nance and Meg 
     Donovan Foreign Relations Act, Fiscal Years 2000 and 2001 (as 
     enacted into law by section 1000(a)(7) of Public Law 106-113 
     and contained in appendix G of that Act; 113 Stat. 1501A-
     486)) is amended--
       (1) in subparagraph (B), by striking ``and'' after the 
     semicolon at the end;
       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) so much of the reports required under section 108 of 
     the United States-India Peaceful Atomic Energy Cooperation 
     Act as relates to verification or compliance matters; and''.

     SEC. 113. DEFINITIONS.

       In this title:
       (1) The term ``Additional Protocol'' means a protocol 
     additional to a safeguards agreement with the IAEA, as 
     negotiated between a country and the IAEA based on a Model 
     Additional Protocol as set forth in IAEA information circular 
     (INFCIRC) 540.
       (2) The term ``appropriate congressional committees'' means 
     the Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives.
       (3) The term ``atomic energy'' has the meaning given the 
     term in section 11 c. of the Atomic Energy Act of 1954 (42 
     U.S.C. 2014(c)).
       (4) The term ``dual-use material, equipment, or 
     technology'' means those items controlled by the Department 
     of Commerce pursuant to section 309(c) of the Nuclear 
     Nonproliferation Act of 1978.
       (5) The term ``IAEA safeguards'' has the meaning given the 
     term in section 830(3) of the Nuclear Proliferation 
     Prevention Act of 1994 (22 U.S.C. 6305(3)).
       (6) The term ``nuclear materials and equipment'' has the 
     meaning given the term in section 4(5) of the Nuclear 
     Nonproliferation Act of 1978 (22 U.S.C. 3203(3)).
       (7) The term ``Nuclear Non-Proliferation Treaty'' means the 
     Treaty on the Non-Proliferation of Nuclear Weapons, done at 
     Washington, London, and Moscow July 1, 1968, and entered into 
     force March 5, 1970 (21 UST 483).
       (8) The terms ``nuclear weapon'' and ``nuclear explosive 
     device'' have the meaning given the term ``nuclear explosive 
     device'' in section 830(4) of the Nuclear Proliferation 
     Prevention Act of 1994 (22 U.S.C. 6305(4)).
       (9) The terms ``reprocessing'' and ``reprocess'' refer to 
     the separation of nuclear materials from fission products in 
     spent nuclear fuel.
       (10) The term ``source material'' has the meaning given the 
     term in section 11 z. of the Atomic Energy Act of 1954 (42 
     U.S.C. 2014(z)).
       (11) The term ``special nuclear material'' has the meaning 
     given the term in section 11 aa. of the Atomic Energy Act of 
     1954 (42 U.S.C. 2014(aa)).
       (12) The term ``unsafeguarded nuclear fuel-cycle activity'' 
     means research on, or development, design, manufacture, 
     construction, operation, or maintenance of--
       (A) any existing or future reactor, critical facility, 
     conversion plant, fabrication plant, reprocessing plant, 
     plant for the separation of isotopes of source or special 
     fissionable material, or separate storage installation with 
     respect to which there is no obligation to accept IAEA 
     safeguards at the relevant reactor, facility, plant, or 
     installation that contains source or special fissionable 
     material; or
       (B) any existing or future heavy water production plant 
     with respect to which there is no obligation to accept IAEA 
     safeguards on any nuclear material produced by or used in 
     connection with any heavy water produced therefrom.

[[Page 22227]]



       TITLE II--UNITED STATES ADDITIONAL PROTOCOL IMPLEMENTATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``United States Additional 
     Protocol Implementation Act''.

     SEC. 202. FINDINGS.

       Congress makes the following findings--
       (1) The proliferation of nuclear weapons and other nuclear 
     explosive devices poses a grave threat to the national 
     security of the United States and its vital national 
     interests.
       (2) The Nuclear Non-Proliferation Treaty has proven 
     critical to limiting such proliferation.
       (3) For the Nuclear Non-Proliferation Treaty to be 
     effective, each of the non-nuclear-weapon State Parties must 
     conclude a comprehensive safeguards agreement with the IAEA, 
     and such agreements must be honored and enforced.
       (4) Recent events emphasize the urgency of strengthening 
     the effectiveness and improving the efficiency of the 
     safeguards system. This can best be accomplished by providing 
     IAEA inspectors with more information about, and broader 
     access to, nuclear activities within the territory of non-
     nuclear-weapon State Parties.
       (5) The proposed scope of such expanded information and 
     access has been negotiated by the member states of the IAEA 
     in the form of a Model Additional Protocol to its existing 
     safeguards agreements, and universal acceptance of Additional 
     Protocols by non-nuclear weapons states is essential to 
     enhancing the effectiveness of the Nuclear Non-Proliferation 
     Treaty.
       (6) On June 12, 1998, the United States, as a nuclear-
     weapon State Party, signed an Additional Protocol that is 
     based on the Model Additional Protocol, but which also 
     contains measures, consistent with its existing safeguards 
     agreements with its members, that protect the right of the 
     United States to exclude the application of IAEA safeguards 
     to locations and activities with direct national security 
     significance or to locations or information associated with 
     such activities.
       (7) Implementation of the Additional Protocol in the United 
     States in a manner consistent with United States obligations 
     under the Nuclear Non-Proliferation Treaty may encourage 
     other parties to the Nuclear Non-Proliferation Treaty, 
     especially non-nuclear-weapon State Parties, to conclude 
     Additional Protocols and thereby strengthen the Nuclear Non-
     Proliferation Treaty safeguards system and help reduce the 
     threat of nuclear proliferation, which is of direct and 
     substantial benefit to the United States.
       (8) Implementation of the Additional Protocol by the United 
     States is not required and is completely voluntary given its 
     status as a nuclear-weapon State Party, but the United States 
     has acceded to the Additional Protocol to demonstrate its 
     commitment to the nuclear non-proliferation regime and to 
     make United States civil nuclear activities available to the 
     same IAEA inspections as are applied in the case of non-
     nuclear-weapon State Parties.
       (9) In accordance with the national security exclusion 
     contained in Article 1.b of its Additional Protocol, the 
     United States will not allow any inspection activities, nor 
     make any declaration of any information with respect to, 
     locations, information, and activities of direct national 
     security significance to the United States.
       (10) Implementation of the Additional Protocol will conform 
     to the principles set forth in the letter of April 30, 2002, 
     from the United States Permanent Representative to the 
     International Atomic Energy Agency and the Vienna Office of 
     the United Nations to the Director General of the 
     International Atomic Energy Agency.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Additional protocol.--The term ``Additional Protocol'', 
     when used in the singular form, means the Protocol Additional 
     to the Agreement between the United States of America and the 
     International Atomic Energy Agency for the Application of 
     Safeguards in the United States of America, with Annexes, 
     signed at Vienna June 12, 1998 (T. Doc. 107-7).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Armed Services, the Committee on Foreign Relations, and 
     the Committee on Appropriations of the Senate and the 
     Committee on Armed Services, the Committee on International 
     Relations, and the Committee on Appropriations of the House 
     of Representatives.
       (3) Complementary access.--The term ``complementary 
     access'' means the exercise of the IAEA's access rights as 
     set forth in Articles 4 to 6 of the Additional Protocol.
       (4) Executive agency.--The term ``executive agency'' has 
     the meaning given such term in section 105 of title 5, United 
     States Code.
       (5) Facility.--The term ``facility'' has the meaning set 
     forth in Article 18i. of the Additional Protocol.
       (6) IAEA.--The term ``IAEA'' means the International Atomic 
     Energy Agency.
       (7) Judge of the united states.--The term ``judge of the 
     United States'' means a United States district judge, or a 
     United States magistrate judge appointed under the authority 
     of chapter 43 of title 28, United States Code.
       (8) Location.--The term ``location'' means any geographic 
     point or area declared or identified by the United States or 
     specified by the International Atomic Energy Agency.
       (9) Nuclear non-proliferation treaty.--The term ``Nuclear 
     Non-Proliferation Treaty'' means the Treaty on the Non-
     Proliferation of Nuclear Weapons, done at Washington, London, 
     and Moscow July 1, 1968, and entered into force March 5, 1970 
     (21 UST 483).
       (10) Nuclear-weapon state party and non-nuclear-weapon 
     state party.--The terms ``nuclear-weapon State Party'' and 
     ``non-nuclear-weapon State Party'' have the meanings given 
     such terms in the Nuclear Non-Proliferation Treaty.
       (11) Person.--The term ``person'', except as otherwise 
     provided, means any individual, corporation, partnership, 
     firm, association, trust, estate, public or private 
     institution, any State or any political subdivision thereof, 
     or any political entity within a State, any foreign 
     government or nation or any agency, instrumentality or 
     political subdivision of any such government or nation, or 
     other entity located in the United States.
       (12) Site.--The term ``site'' has the meaning set forth in 
     Article 18b. of the Additional Protocol.
       (13) United states.--The term ``United States'', when used 
     as a geographic reference, means the several States of the 
     United States, the District of Columbia, and the 
     commonwealths, territories, and possessions of the United 
     States and includes all places under the jurisdiction or 
     control of the United States, including--
       (A) the territorial sea and the overlying airspace;
       (B) any civil aircraft of the United States or public 
     aircraft, as such terms are defined in paragraphs (17) and 
     (41), respectively, of section 40102(a) of title 49, United 
     States Code; and
       (C) any vessel of the United States, as such term is 
     defined in section 3(b) of the Maritime Drug Law Enforcement 
     Act (46 U.S.C. App. 1903(b)).
       (14) Wide-area environmental sampling.--The term ``wide-
     area environmental sampling'' has the meaning set forth in 
     Article 18g. of the Additional Protocol.

     SEC. 204. SEVERABILITY.

       If any provision of this title, or the application of such 
     provision to any person or circumstance, is held invalid, the 
     remainder of this title, or the application of such provision 
     to persons or circumstances other than those as to which it 
     is held invalid, shall not be affected thereby.

                     Subtitle A--General Provisions

     SEC. 211. AUTHORITY.

       (a) In General.--The President is authorized to implement 
     and carry out the provisions of this title and the Additional 
     Protocol and shall designate through Executive order which 
     executive agency or agencies of the United States, which may 
     include but are not limited to the Department of State, the 
     Department of Defense, the Department of Justice, the 
     Department of Commerce, the Department of Energy, and the 
     Nuclear Regulatory Commission, shall issue or amend and 
     enforce regulations in order to implement this title and the 
     provisions of the Additional Protocol.
       (b) Included Authority.--For any executive agency 
     designated under subsection (a) that does not currently 
     possess the authority to conduct site vulnerability 
     assessments and related activities, the authority provided in 
     subsection (a) includes such authority.
       (c) Exception.--The authority described in subsection (b) 
     does not supersede or otherwise modify any existing authority 
     of any Federal department or agency already having such 
     authority.

                    Subtitle B--Complementary Access

     SEC. 221. REQUIREMENT FOR AUTHORITY TO CONDUCT COMPLEMENTARY 
                   ACCESS.

       (a) Prohibition.--No complementary access to any location 
     in the United States shall take place pursuant to the 
     Additional Protocol without the authorization of the United 
     States Government in accordance with the requirements of this 
     title.
       (b) Authority.--
       (1) In general.--Complementary access to any location in 
     the United States subject to access under the Additional 
     Protocol is authorized in accordance with this title.
       (2) United states representatives.--
       (A) Restrictions.--In the event of complementary access to 
     a privately owned or operated location, no employee of the 
     Environmental Protection Agency or of the Mine Safety and 
     Health Administration or the Occupational Safety and Health 
     Administration of the Department of Labor may participate in 
     the access.
       (B) Number.--The number of designated United States 
     representatives accompanying IAEA inspectors shall be kept to 
     the minimum necessary.

     SEC. 222. PROCEDURES FOR COMPLEMENTARY ACCESS.

       (a) In General.--Each instance of complementary access to a 
     location in the United States under the Additional Protocol 
     shall be conducted in accordance with this subtitle.

[[Page 22228]]

       (b) Notice.--
       (1) In general.--Complementary access referred to in 
     subsection (a) may occur only upon the issuance of an actual 
     written notice by the United States Government to the owner, 
     operator, occupant, or agent in charge of the location to be 
     subject to complementary access.
       (2) Time of notification.--The notice under paragraph (1) 
     shall be submitted to such owner, operator, occupant, or 
     agent as soon as possible after the United States Government 
     has received notification that the IAEA seeks complementary 
     access. Notices may be posted prominently at the location if 
     the United States Government is unable to provide actual 
     written notice to such owner, operator, occupant, or agent.
       (3) Content of notice.--
       (A) In general.--The notice required by paragraph (1) shall 
     specify--
       (i) the purpose for the complementary access;
       (ii) the basis for the selection of the facility, site, or 
     other location for the complementary access sought;
       (iii) the activities that will be carried out during the 
     complementary access;
       (iv) the time and date that the complementary access is 
     expected to begin, and the anticipated period covered by the 
     complementary access; and
       (v) the names and titles of the inspectors.
       (4) Separate notices required.--A separate notice shall be 
     provided each time that complementary access is sought by the 
     IAEA.
       (c) Credentials.--The complementary access team of the IAEA 
     and representatives or designees of the United States 
     Government shall display appropriate identifying credentials 
     to the owner, operator, occupant, or agent in charge of the 
     location before gaining entry in connection with 
     complementary access.
       (d) Scope.--
       (1) In general.--Except as provided in a warrant issued 
     under section 223, and subject to the United States 
     Government's rights under the Additional Protocol to limit 
     complementary access, complementary access to a location 
     pursuant to this title may extend to all activities 
     specifically permitted for such locations under Article 6 of 
     the Additional Protocol.
       (2) Exception.--Unless required by the Additional Protocol, 
     no inspection under this title shall extend to--
       (A) financial data (other than production data);
       (B) sales and marketing data (other than shipment data);
       (C) pricing data;
       (D) personnel data;
       (E) patent data;
       (F) data maintained for compliance with environmental or 
     occupational health and safety regulations; or
       (G) research data.
       (e) Environment, Health, Safety, and Security.--In carrying 
     out their activities, members of the IAEA complementary 
     access team and representatives or designees of the United 
     States Government shall observe applicable environmental, 
     health, safety, and security regulations established at the 
     location subject to complementary access, including those for 
     protection of controlled environments within a facility and 
     for personal safety.

     SEC. 223. CONSENTS, WARRANTS, AND COMPLEMENTARY ACCESS.

       (a) In General.--
       (1) Procedure.--
       (A) Consent.--Except as provided in paragraph (2), an 
     appropriate official of the United States Government shall 
     seek or have the consent of the owner, operator, occupant, or 
     agent in charge of a location prior to entering that location 
     in connection with complementary access pursuant to sections 
     221 and 222. The owner, operator, occupant, or agent in 
     charge of the location may withhold consent for any reason or 
     no reason.
       (B) Administrative search warrant.--In the absence of 
     consent, the United States Government may seek an 
     administrative search warrant from a judge of the United 
     States under subsection (b). Proceedings regarding the 
     issuance of an administrative search warrant shall be 
     conducted ex parte, unless otherwise requested by the United 
     States Government.
       (2) Expedited access.--For purposes of obtaining access to 
     a location pursuant to Article 4b.(ii) of the Additional 
     Protocol in order to satisfy United States obligations under 
     the Additional Protocol when notice of two hours or less is 
     required, the United States Government may gain entry to such 
     location in connection with complementary access, to the 
     extent such access is consistent with the Fourth Amendment to 
     the United States Constitution, without obtaining either a 
     warrant or consent.
       (b) Administrative Search Warrants for Complementary 
     Access.--
       (1) Obtaining administrative search warrants.--For 
     complementary access conducted in the United States pursuant 
     to the Additional Protocol, and for which the acquisition of 
     a warrant is required, the United States Government shall 
     first obtain an administrative search warrant from a judge of 
     the United States. The United States Government shall provide 
     to such judge all appropriate information regarding the basis 
     for the selection of the facility, site, or other location to 
     which complementary access is sought.
       (2) Content of affidavits for administrative search 
     warrants.--A judge of the United States shall promptly issue 
     an administrative search warrant authorizing the requested 
     complementary access upon an affidavit submitted by the 
     United States Government--
       (A) stating that the Additional Protocol is in force;
       (B) stating that the designated facility, site, or other 
     location is subject to complementary access under the 
     Additional Protocol;
       (C) stating that the purpose of the complementary access is 
     consistent with Article 4 of the Additional Protocol;
       (D) stating that the requested complementary access is in 
     accordance with Article 4 of the Additional Protocol;
       (E) containing assurances that the scope of the IAEA's 
     complementary access, as well as what it may collect, shall 
     be limited to the access provided for in Article 6 of the 
     Additional Protocol;
       (F) listing the items, documents, and areas to be searched 
     and seized;
       (G) stating the earliest commencement and the anticipated 
     duration of the complementary access period, as well as the 
     expected times of day during which such complementary access 
     will take place; and
       (H) stating that the location to which entry in connection 
     with complementary access is sought was selected either--
       (i) because there is probable cause, on the basis of 
     specific evidence, to believe that information required to be 
     reported regarding a location pursuant to regulations 
     promulgated under this title is incorrect or incomplete, and 
     that the location to be accessed contains evidence regarding 
     that violation; or
       (ii) pursuant to a reasonable general administrative plan 
     based upon specific neutral criteria.
       (3) Content of warrants.--A warrant issued under paragraph 
     (2) shall specify the same matters required of an affidavit 
     under that paragraph. In addition, each warrant shall contain 
     the identities of the representatives of the IAEA on the 
     complementary access team and the identities of the 
     representatives or designees of the United States Government 
     required to display identifying credentials under section 
     222(c).

     SEC. 224. PROHIBITED ACTS RELATING TO COMPLEMENTARY ACCESS.

       It shall be unlawful for any person willfully to fail or 
     refuse to permit, or to disrupt, delay, or otherwise impede, 
     a complementary access authorized by this subtitle or an 
     entry in connection with such access.

               Subtitle C--Confidentiality of Information

     SEC. 231. PROTECTION OF CONFIDENTIALITY OF INFORMATION.

       Information reported to, or otherwise acquired by, the 
     United States Government under this title or under the 
     Additional Protocol shall be exempt from disclosure under 
     sections 552 of title 5, United States Code.

                        Subtitle D--Enforcement

     SEC. 241. RECORDKEEPING VIOLATIONS.

       It shall be unlawful for any person willfully to fail or 
     refuse--
       (1) to establish or maintain any record required by any 
     regulation prescribed under this title;
       (2) to submit any report, notice, or other information to 
     the United States Government in accordance with any 
     regulation prescribed under this title; or
       (3) to permit access to or copying of any record by the 
     United States Government in accordance with any regulation 
     prescribed under this title.

     SEC. 242. PENALTIES.

       (a) Civil.--
       (1) Penalty amounts.--Any person that is determined, in 
     accordance with paragraph (2), to have violated section 224 
     or section 241 shall be required by order to pay a civil 
     penalty in an amount not to exceed $25,000 for each 
     violation. For the purposes of this paragraph, each day 
     during which a violation of section 224 continues shall 
     constitute a separate violation of that section.
       (2) Notice and hearing.--
       (A) In general.--Before imposing a penalty against a person 
     under paragraph (1), the head of an executive agency 
     designated under section 211(a) shall provide the person with 
     notice of the order. If, within 15 days after receiving the 
     notice, the person requests a hearing, the head of the 
     designated executive agency shall initiate a hearing on the 
     violation.
       (B) Conduct of hearing.--Any hearing so requested shall be 
     conducted before an administrative judge. The hearing shall 
     be conducted in accordance with the requirements of section 
     554 of title 5, United States Code. If no hearing is so 
     requested, the order imposed by the head of the designated 
     agency shall constitute a final agency action.
       (C) Issuance of orders.--If the administrative judge 
     determines, upon the preponderance of the evidence received, 
     that a person named in the complaint has violated section 224 
     or section 241, the administrative

[[Page 22229]]

     judge shall state his findings of fact and conclusions of 
     law, and issue and serve on such person an order described in 
     paragraph (1).
       (D) Factors for determination of penalty amounts.--In 
     determining the amount of any civil penalty, the 
     administrative judge or the head of the designated agency 
     shall take into account the nature, circumstances, extent, 
     and gravity of the violation or violations and, with respect 
     to the violator, the ability to pay, effect on ability to 
     continue to do business, any history of such violations, the 
     degree of culpability, the existence of an internal 
     compliance program, and such other matters as justice may 
     require.
       (E) Content of notice.--For the purposes of this paragraph, 
     notice shall be in writing and shall be verifiably served 
     upon the person or persons subject to an order described in 
     paragraph (1). In addition, the notice shall--
       (i) set forth the time, date, and specific nature of the 
     alleged violation or violations; and
       (ii) specify the administrative and judicial remedies 
     available to the person or persons subject to the order, 
     including the availability of a hearing and subsequent 
     appeal.
       (3) Administrative appellate review.--The decision and 
     order of an administrative judge shall be the recommended 
     decision and order and shall be referred to the head of the 
     designated executive agency for final decision and order. If, 
     within 60 days, the head of the designated executive agency 
     does not modify or vacate the decision and order, it shall 
     become a final agency action under this subsection.
       (4) Judicial review.--A person adversely affected by a 
     final order may, within 30 days after the date the final 
     order is issued, file a petition in the Court of Appeals for 
     the District of Columbia Circuit or in the Court of Appeals 
     for the district in which the violation occurred.
       (5) Enforcement of final orders.--
       (A) In general.--If a person fails to comply with a final 
     order issued against such person under this subsection and--
       (i) the person has not filed a petition for judicial review 
     of the order in accordance with paragraph (4), or
       (ii) a court in an action brought under paragraph (4) has 
     entered a final judgment in favor of the designated executive 
     agency,
     the head of the designated executive agency shall commence a 
     civil action to seek compliance with the final order in any 
     appropriate district court of the United States.
       (B) No review.--In any such civil action, the validity and 
     appropriateness of the final order shall not be subject to 
     review.
       (C) Interest.--Payment of penalties assessed in a final 
     order under this section shall include interest at currently 
     prevailing rates calculated from the date of expiration of 
     the 60-day period referred to in paragraph (3) or the date of 
     such final order, as the case may be.
       (b) Criminal.--Any person who violates section 224 or 
     section 241 may, in addition to or in lieu of any civil 
     penalty which may be imposed under subsection (a) for such 
     violation, be fined under title 18, United States Code, 
     imprisoned for not more than five years, or both.

     SEC. 243. SPECIFIC ENFORCEMENT.

       (a) Jurisdiction.--The district courts of the United States 
     shall have jurisdiction over civil actions brought by the 
     head of an executive agency designated under section 211(a)--
       (1) to restrain any conduct in violation of section 224 or 
     section 241; or
       (2) to compel the taking of any action required by or under 
     this title or the Additional Protocol.
       (b) Civil Actions.--
       (1) In general.--A civil action described in subsection (a) 
     may be brought--
       (A) in the case of a civil action described in paragraph 
     (1) of such subsection, in the United States district court 
     for the judicial district in which any act, omission, or 
     transaction constituting a violation of section 224 or 
     section 241 occurred or in which the defendant is found or 
     transacts business; or
       (B) in the case of a civil action described in paragraph 
     (2) of such subsection, in the United States district court 
     for the judicial district in which the defendant is found or 
     transacts business.
       (2) Service of process.--In any such civil action, process 
     shall be served on a defendant wherever the defendant may 
     reside or may be found.

                   Subtitle E--Environmental Sampling

     SEC. 251. NOTIFICATION TO CONGRESS OF IAEA BOARD APPROVAL OF 
                   WIDE-AREA ENVIRONMENTAL SAMPLING.

       (a) In General.--Not later than 30 days after the date on 
     which the Board of Governors of the IAEA approves wide-area 
     environmental sampling for use as a safeguards verification 
     tool, the President shall notify the appropriate 
     congressional committees.
       (b) Content.--The notification under subsection (a) shall 
     contain--
       (1) a description of the specific methods and sampling 
     techniques approved by the Board of Governors that are to be 
     employed for purposes of wide-area sampling;
       (2) a statement as to whether or not such sampling may be 
     conducted in the United States under the Additional Protocol; 
     and
       (3) an assessment of the ability of the approved methods 
     and sampling techniques to detect, identify, and determine 
     the conduct, type, and nature of nuclear activities.

     SEC. 252. APPLICATION OF NATIONAL SECURITY EXCLUSION TO WIDE-
                   AREA ENVIRONMENTAL SAMPLING.

       In accordance with Article 1(b) of the Additional Protocol, 
     the United States shall not permit any wide-area 
     environmental sampling proposed by the IAEA to be conducted 
     at a specified location in the United States under Article 9 
     of the Additional Protocol unless the President has 
     determined and reported to the appropriate congressional 
     committees with respect to that proposed use of environmental 
     sampling that--
       (1) the proposed use of wide-area environmental sampling is 
     necessary to increase the capability of the IAEA to detect 
     undeclared nuclear activities in the territory of a non-
     nuclear-weapon State Party;
       (2) the proposed use of wide-area environmental sampling 
     will not result in access by the IAEA to locations, 
     activities, or information of direct national security 
     significance; and
       (3) the United States--
       (A) has been provided sufficient opportunity for 
     consultation with the IAEA if the IAEA has requested 
     complementary access involving wide-area environmental 
     sampling; or
       (B) has requested under Article 8 of the Additional 
     Protocol that the IAEA engage in complementary access in the 
     United States that involves the use of wide-area 
     environmental sampling.

     SEC. 253. APPLICATION OF NATIONAL SECURITY EXCLUSION TO 
                   LOCATION-SPECIFIC ENVIRONMENTAL SAMPLING.

       In accordance with Article 1(b) of the Additional Protocol, 
     the United States shall not permit any location-specific 
     environmental sampling in the United States under Article 5 
     of the Additional Protocol unless the President has 
     determined and reported to the appropriate congressional 
     committees with respect to that proposed use of environmental 
     sampling that--
       (1) the proposed use of location-specific environmental 
     sampling is necessary to increase the capability of the IAEA 
     to detect undeclared nuclear activities in a non-nuclear 
     weapons state;
       (2) the proposed use of location-specific environmental 
     sampling will not result in access by the IAEA to locations, 
     activities, or information of direct national security 
     significance; and
       (3) with respect to the proposed use of environmental 
     sampling, the United States--
       (A) has been provided sufficient opportunity for 
     consultation with the IAEA if the IAEA has requested 
     complementary access involving location-specific 
     environmental sampling; or
       (B) has requested under Article 8 of the Additional 
     Protocol that the IAEA engage in complementary access in the 
     United States that involves the use of location-specific 
     environmental sampling.

     SEC. 254. RULE OF CONSTRUCTION.

       As used in this subtitle, the term ``necessary to increase 
     the capability of the IAEA to detect undeclared nuclear 
     activities in the territory of a non-nuclear-weapon State 
     Party'' shall not be construed to encompass proposed uses of 
     environmental sampling that might assist the IAEA in 
     detecting undeclared nuclear activities in the territory of a 
     non-nuclear-weapon State Party by--
       (1) setting a good example of cooperation in the conduct of 
     such sampling; or
       (2) facilitating the formation of a political consensus or 
     political support for such sampling in the territory of a 
     non-nuclear-weapon State Party.

 Subtitle F--Protection of National Security Information and Activities

     SEC. 261. PROTECTION OF CERTAIN INFORMATION.

       (a) Locations and Facilities of Direct National Security 
     Significance.--No current or former Department of Defense or 
     Department of Energy location, site, or facility of direct 
     national security significance shall be declared or be 
     subject to IAEA inspection under the Additional Protocol.
       (b) Information of Direct National Security Significance.--
     No information of direct national security significance 
     regarding any location, site, or facility associated with 
     activities of the Department of Defense or the Department of 
     Energy shall be provided under the Additional Protocol.
       (c) Restricted Data.--Nothing in this title shall be 
     construed to permit the communication or disclosure to the 
     IAEA or IAEA employees of restricted data controlled by the 
     provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 
     et seq.), including in particular ``Restricted Data'' as 
     defined under paragraph (1) of section 11 y. of such Act (42 
     U.S.C. 2014(y)).
       (d) Classified Information.--Nothing in this Act shall be 
     construed to permit the communication or disclosure to the 
     IAEA or IAEA employees of national security information and 
     other classified information.

     SEC. 262. IAEA INSPECTIONS AND VISITS.

       (a) Certain Individuals Prohibited From Obtaining Access.--
     No national of a country designated by the Secretary of State 
     under section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371) as a government supporting acts of international 
     terrorism shall

[[Page 22230]]

     be permitted access to the United States to carry out an 
     inspection activity under the Additional Protocol or a 
     related safeguards agreement.
       (b) Presence of United States Government Personnel.--IAEA 
     inspectors shall be accompanied at all times by United States 
     Government personnel when inspecting sites, locations, 
     facilities, or activities in the United States under the 
     Additional Protocol.
       (c) Vulnerability and Related Assessments.--The President 
     shall conduct vulnerability, counterintelligence, and related 
     assessments not less than every 5 years to ensure that 
     information of direct national security significance remains 
     protected at all sites, locations, facilities, and activities 
     in the United States that are subject to IAEA inspection 
     under the Additional Protocol.

                          Subtitle G--Reports

     SEC. 271. REPORT ON INITIAL UNITED STATES DECLARATION.

       Not later than 60 days before submitting the initial United 
     States declaration to the IAEA under the Additional Protocol, 
     the President shall submit to Congress a list of the sites, 
     locations, facilities, and activities in the United States 
     that the President intends to declare to the IAEA.

     SEC. 272. REPORT ON REVISIONS TO INITIAL UNITED STATES 
                   DECLARATION.

       Not later than 60 days before submitting to the IAEA any 
     revisions to the United States declaration submitted under 
     the Additional Protocol, the President shall submit to 
     Congress a list of any sites, locations, facilities, or 
     activities in the United States that the President intends to 
     add to or remove from the declaration.

     SEC. 273. CERTIFICATION REGARDING VULNERABILITY AND RELATED 
                   ASSESSMENTS.

       Concurrently with the submission to Congress of the initial 
     declaration list under section 271 and each list update under 
     section 272, the President shall submit to Congress a report 
     certifying that--
       (1) each site, location, facility, and activity included in 
     the list has been examined by each agency with national 
     security equities with respect to such site, location, 
     facility, or activity; and
       (2) appropriate measures have been taken to ensure that 
     information of direct national security significance will not 
     be compromised at any such site, location, facility, or 
     activity in connection with an IAEA inspection.

     SEC. 274. REPORT ON EFFORTS TO PROMOTE THE IMPLEMENTATION OF 
                   ADDITIONAL PROTOCOLS.

       Not later than 180 days after the entry into force of the 
     Additional Protocol, the President shall submit to the 
     appropriate congressional committees a report on--
       (1) measures that have been or should be taken to achieve 
     the adoption of additional protocols to existing safeguards 
     agreements signed by non-nuclear-weapon State Parties; and
       (2) assistance provided by the United States to the IAEA in 
     order to promote the effective implementation of additional 
     protocols to existing safeguards agreements signed by non-
     nuclear-weapon State Parties and the verification of the 
     compliance of such parties with IAEA obligations.

     SEC. 275. NOTICE OF IAEA NOTIFICATIONS.

       The President shall notify Congress of any notifications 
     issued by the IAEA to the United States under Article 10 of 
     the Additional Protocol.

              Subtitle H--Authorization of Appropriations

     SEC. 281. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this title.
                                 ______
                                 
  SA 5169. Mr. LUGAR (for Mr. Obama) proposed an amendment to the bill 
S. 3709, to exempt from certain requirements of the Atomic Energy Act 
of 1954 United States exports of nuclear materials, equipment, and 
technology to India, and to implement the United States Additional 
Protocol; as follows:

       At the appropriate place in title I, insert the following 
     new section:

     SEC. __. UNITED STATES POLICY REGARDING THE PROVISION OF 
                   NUCLEAR POWER REACTOR FUEL RESERVE TO INDIA.

       It is the policy of the United States that any nuclear 
     power reactor fuel reserve provided to the Government of 
     India for use in safeguarded civilian nuclear facilities 
     should be commensurate with reasonable reactor operating 
     requirements.
                                 ______
                                 
  SA 5170. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 3709, to exempt from certain requirements of the 
Atomic Energy Act of 1954 United States exports of nuclear materials, 
equipment, and technology to India, and to implement the United States 
Additional Protocol; which was ordered to lie on the table; as follows:

       Strike section 262 and insert the following:

     SEC. 262. IAEA INSPECTIONS AND VISITS.

       (a) Certain Individuals Prohibited From Obtaining Access.--
     No national of a country designated by the Secretary of State 
     under section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371) as a government supporting acts of international 
     terrorism shall be permitted access to the United States to 
     carry out an inspection activity under the Additional 
     Protocol or a related safeguards agreement.
       (b) Certain Individuals Prohibited From Entering the United 
     States.--The head of any agency or department of the United 
     States may deny entry into the United States of an IAEA 
     inspector seeking such entry to carry out official business 
     of the IAEA if the head of such agency or department suspects 
     the IAEA inspector of having links to foreign intelligence 
     services.
       (c) Presence of United States Government Personnel.--IAEA 
     inspectors shall be accompanied at all times by United States 
     Government personnel when inspecting sites, locations, 
     facilities, or activities in the United States under the 
     Additional Protocol.
       (d) Use of United States Equipment, Materials, and 
     Resources.--Any inspections conducted by personnel of the 
     IAEA in the United States pursuant to the Additional Protocol 
     shall by carried out using equipment, materials, and 
     resources that are purchased, owned, inspected, and 
     controlled by the United States.
       (e) Vulnerability and Related Assessments.--The President 
     shall conduct vulnerability, counterintelligence, and related 
     assessments not less than every 5 years to ensure that 
     information of direct national security significance remains 
     protected at all sites, locations, facilities, and activities 
     in the United States that are subject to IAEA inspection 
     under the Additional Protocol.
                                 ______
                                 
  SA 5171. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill H.R. 5384, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2007, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 168, strike lines 7 and 8 and insert the following:
       the purchase of land and moving of utilities;
       (6) the city of Waycross, Georgia, a rural area for 
     purposes of eligibility for rural development programs of the 
     Department of Agriculture; and
       (7) the cities of Alamo, Mercedes, Weslaco, and
                                 ______
                                 
  SA 5172. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3709, to exempt from certain requirements of the 
Atomic Energy Act of 1954 United States exports of nuclear materials, 
equipment, and technology to India, and to implement the United States 
Additional Protocol; which was ordered to lie on the table; as follows:

       In title II, strike the paragraph defining ``appropriate 
     congressional committees'' and insert the following:
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Armed Services, the Committee on Foreign Relations, the 
     Committee on Appropriations, and the Committee on Environment 
     and Public Works of the Senate and the Committee on Armed 
     Services, the Committee on International Relations, and the 
     Committee on Appropriations of the House of Representatives.
                                 ______
                                 
  SA 5173. Mr. LUGAR (for Mr. Harkin) proposed an amendment to the bill 
S. 3709, to exempt from certain requirements of the Atomic Energy Act 
of 1954 United States exports of nuclear materials, equipment, and 
technology to India, and to implement the United States Additional 
Protocol; as follows:

       On page 8, beginning on line 8, strike ``Group; and'' and 
     all that follows through ``Nuclear'' on line 9 and insert the 
     following: ``Group;
       (8) India is fully and actively participating in United 
     States and international efforts to dissuade, sanction, and 
     contain Iran for its nuclear program consistent with United 
     Nations Security Council resolutions; and
       (9) the Nuclear

                                 ______
                                 
  SA 5174. Mr. BINGAMAN (for himself and Mr. Kennedy) proposed an 
amendment by him to the bill S. 3709, to exempt from certain 
requirements of the Atomic Energy Act of 1954 United States exports of 
nuclear materials, equipment, and technology to India, and to implement 
the United States Additional Protocol; which was ordered to lie on the 
table; as follows:

       On page 6, after line 21, add the following:
       (c) Operation of Waivers.--Notwithstanding any waiver under 
     subsection (a)--
       (1) no nuclear equipment or sensitive nuclear technology 
     may be exported to India

[[Page 22231]]

     unless the President has determined, and has submitted to the 
     appropriate congressional committees a report stating, that 
     both India and the United States are taking specific steps to 
     conclude a multilateral treaty on the cessation of the 
     production of fissile materials for use in nuclear weapons or 
     other nuclear explosive devices; and
       (2) no nuclear materials may be exported to India unless 
     the President has determined, and has submitted to the 
     appropriate congressional committees a report stating, that 
     India has stopped producing fissile materials for weapons 
     pursuant to a unilateral moratorium or multilateral 
     agreement.
                                 ______
                                 
  SA 5175. Mr. FRIST (for Mr. Thomas) submitted an amendment intended 
to be proposed by Mr. Frist to the bill H.R. 5384, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 100, line 20, before the colon insert the 
     following: ``; and of which not less than $500,000 shall be 
     used by the Secretary of Agriculture, acting through the 
     Wyoming Department of Agriculture, to compensate livestock 
     producers in the State of Wyoming for losses due to wolves''.
                                 ______
                                 
  SA 5176. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 5384, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2007, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:
       Sec. 7___. The Secretary of Agriculture (referred to in 
     this section as the ``Secretary'') shall prepare a report for 
     submission by the President to Congress, along with the 
     fiscal year 2008 budget request under section 1105 of title 
     31, United States Code, that--
       (1) identifies measures to address bark beetle infestation 
     and the impacts of bark beetle infestation as the first 
     priority for assistance under the Healthy Forests Restoration 
     Act of 2003 (16 U.S.C. 6501 et seq.);
       (2) describes activities that will be conducted by the 
     Secretary to address bark beetle infestations and the impacts 
     of bark beetle infestations;
       (3) describes the financial and technical resources that 
     will be dedicated by the Secretary to measures to address 
     bark beetle infestations and the impacts of the infestations;
       (4) describes the manner in which the Secretary will 
     coordinate with the Secretary of the Interior and State and 
     local governments in conducting the activities under 
     paragraph (2);
       (5) identifies the number of hazardous fuel reduction and 
     forest health projects and acres in Forest Service Region 2 
     that--
       (A) have received approval under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
       (B) have not been implemented;
       (6) identifies the number of hazardous fuel reduction and 
     forest health projects and acres in Forest Service Region 2 
     that are being analyzed under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
       (7) describes--
       (A) the goals and expectations identified in the vegetation 
     management program for Forest Service Region 2;
       (B) any progress towards the goals described under 
     subparagraph (A); and
       (C) the funding levels necessary to meet the goals 
     described under subparagraph (A).
                                 ______
                                 
  SA 5177. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 5384, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2007, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:
       Sec. 7__. For an additional amount for ``Wildland Fire 
     Management'' under the heading ``DEPARTMENT OF AGRICULTURE'' 
     of title III of the Department of the Interior, Environment, 
     and Related Agencies Appropriations Act, 2006 (Public Law 
     109-54; 119 Stat. 533), there is appropriated, out of any 
     money in the Treasury not otherwise appropriated, $30,000,000 
     for fiscal year 2007 for the conduct of hazardous fuel 
     reduction and forest health projects of the Secretary of 
     Agriculture, acting through the Chief of the Forest Service: 
     Provided, That the amount provided under this section is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 83 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2007, as made 
     applicable in the Senate by section 7035 of Public Law 109-
     234.
                                 ______
                                 
  SA 5178. Mr. DORGAN proposed an amendment to the bill S. 3709, to 
exempt from certain requirements of the Atomic Energy Act of 1954 
United States exports of nuclear materials, equipment, and technology 
to India, and to implement the United States Additional Protocol; as 
follows:

       On page 5, beginning on line 15, strike ``Treaty; and'' and 
     all that follows through ``that exports'' on line 16 and 
     insert the following: ``Treaty;
       (9) to continue to support implementation of United Nations 
     Security Council Resolution 1172 (1998); and
       (10) that exports
                                 ______
                                 
  SA 5179. Mr. LUGAR (for Mr. Bingaman) proposed an amendment to the 
bill S. 3709, to exempt from certain requirements of the Atomic Energy 
Act of 1954 United States exports of nuclear materials, equipment, and 
technology to India, and to implement the United States Additional 
Protocol; as follows:

       On page 18, beginning on line 7, strike ``existing'' and 
     all that follows through ``description'' on line 9 and insert 
     the following: ``existing agreements;
       (6) an estimate of--
       (A) the amount of uranium mined in India during the 
     previous year;
       (B) the amount of such uranium that has likely been used or 
     allocated for the production of nuclear explosive devices; 
     and
       (C) the rate of production in India of--
       (i) fissile material for nuclear explosive devices; and
       (ii) nuclear explosive devices;
       (7) an analysis as to whether imported uranium has affected 
     the rate of production in India of nuclear explosive devices; 
     and
       (8) a detailed description
                                 ______
                                 
  SA 5180. Mr. LUGAR (for Mr. Bingaman (for himself and Mr. Domenici)) 
proposed an amendment to the bill S. 3709, to exempt from certain 
requirements of the Atomic Energy Act of 1954 United States exports of 
nuclear materials, equipment, and technology to India, and to implement 
the United States Additional Protocol; as follows:

       At the end of title I, add the following:

     SEC. 114. UNITED STATES-INDIA SCIENTIFIC COOPERATIVE THREAT 
                   REDUCTION PROGRAM.

       (a) Establishment.--The Secretary of Energy, acting through 
     the Administrator of the National Nuclear Security 
     Administration, shall establish a cooperative threat 
     reduction program to pursue jointly with scientists from the 
     United States and India a program to further common 
     nonproliferation goals, including scientific research and 
     development efforts related to nuclear nonproliferation, with 
     an emphasis on nuclear safeguards (in this section referred 
     to as the ``program'').
       (b) Consultation.--The program shall be carried out in 
     consultation with the Secretary of State and the Secretary of 
     Defense.
       (c) National Academies Recommendations.--
       (1) In general.--The Secretary of Energy shall enter into 
     an agreement with the National Academies to develop 
     recommendations for the implementation of the program.
       (2) Recommendations.--The agreement entered into under 
     paragraph (1) shall provide for the preparation by qualified 
     individuals with relevant expertise and knowledge and the 
     communication to the Secretary of Energy each fiscal year 
     of--
       (A) recommendations for research and related programs 
     designed to overcome existing technological barriers to 
     nuclear nonproliferation; and
       (B) an assessment of whether activities and programs funded 
     under this section are achieving the goals of the activities 
     and programs.
       (3) Public availability.--The recommendations and 
     assessments prepared under this subsection shall be made 
     publicly available.
       (d) Consistency With Nuclear Non-Proliferation Treaty.--All 
     United States activities related to the program shall be 
     consistent with United States obligations under the Nuclear 
     Non-Proliferation Treaty.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section for each of fiscal years 2007 through 2011.
                                 ______
                                 
  SA 5181. Mr. ENSIGN proposed an amendment to the bill S. 3709, to 
exempt from certain requirements of the Atomic Energy Act of 1954 
United States exports of nuclear materials, equipment, and technology 
to India, and to implement the United States Additional Protocol; as 
follows:

       Strike section 262 and insert the following:

     SEC. 262. IAEA INSPECTIONS AND VISITS.

       (a) Certain Individuals Prohibited From Obtaining Access.--
     No national of a country designated by the Secretary of State 
     under section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371) as a government supporting acts of international 
     terrorism shall be permitted access to the United States to 
     carry out an inspection activity under the

[[Page 22232]]

     Additional Protocol or a related safeguards agreement.
       (b) Presence of United States Government Personnel.--IAEA 
     inspectors shall be accompanied at all times by United States 
     Government personnel when inspecting sites, locations, 
     facilities, or activities in the United States under the 
     Additional Protocol.
       (c) Use of United States Equipment, Materials, and 
     Resources.--Any inspections conducted by personnel of the 
     IAEA in the United States pursuant to the Additional Protocol 
     shall by carried out using equipment, materials, and 
     resources that are purchased, owned, inspected, and 
     controlled by the United States.
       (d) Vulnerability and Related Assessments.--The President 
     shall conduct vulnerability, counterintelligence, and related 
     assessments not less than every 5 years to ensure that 
     information of direct national security significance remains 
     protected at all sites, locations, facilities, and activities 
     in the United States that are subject to IAEA inspection 
     under the Additional Protocol.

                                 ______
                                 
  SA 5182. Mr. DORGAN proposed an amendment to the bill S. 3709, to 
exempt from certain requirements of the Atomic Energy Act of 1954 
United States exports of nuclear materials, equipment, and technology 
to India, and to implement the United States Additional Protocol; as 
follows:

       On page 8, beginning on line 8, strike ``Group; and'' and 
     all that follows through ``the Nuclear'' on line 9 and insert 
     the following: ``Group;
       (8) India has committed to--
       (A) the development of a credible separation plan between 
     civilian and military facilities by ensuring all reactors 
     that supply electricity to the civilian sector are declared 
     and are subject to permanent IAEA standards and practices;
       (B) a binding obligation to the same extent as nuclear-
     weapon State Parties under the Nuclear Non-Proliferation 
     Treaty--
       (i) not to transfer to any recipient whatsoever nuclear 
     weapons or nuclear explosive devices or control over such 
     devices directly or indirectly; and
       (ii) not in any way to assist, encourage, or induce any 
     non-nuclear-weapon State Party to manufacture or otherwise 
     acquire nuclear weapons or other nuclear explosive devices or 
     acquire control over such weapons or explosive devices; and
       (C) consistent with the Nuclear Non-Proliferation Treaty--
       (i) pursuing negotiations in good faith on effective 
     measures relating to cessation of the nuclear arms race at an 
     early date and to nuclear disarmament, including ending 
     fissile material production for nuclear weapons;
       (ii) joining a legally-binding nuclear test moratorium;
       (iii) verifiably reducing its nuclear weapons stockpile; 
     and
       (iv) eventually eliminating all nuclear weapons; and
       (9) the Nuclear

                                 ______
                                 
  SA 5183. Mr. FEINGOLD proposed an amendment to the bill S. 3709, to 
exempt from certain requirements of the Atomic Energy Act of 1954 
United States exports of nuclear materials, equipment, and technology 
to India, and to implement the United States Additional Protocol; as 
follows:

       On page 8, beginning on line 17, strike ``Group; and'' and 
     all that follows through ``(8) the Nuclear'' on line 18 and 
     insert the following: ``Group;
       (8) the scope and content of United States nuclear 
     cooperation with India in the proposed nuclear cooperation 
     agreement pursuant to section 123 a. of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2153(a)) does nothing to directly or 
     indirectly assist, encourage, or induce India to manufacture 
     or otherwise acquire nuclear weapons or other nuclear 
     explosive devices, or control over such weapons or explosive 
     devices, specifically that--
       (A) India cannot use United States-origin equipment, 
     technology, or nuclear material in an unsafeguarded facility 
     or nuclear weapons-related complex; and
       (B) India cannot replicate and subsequently use United 
     States-origin technology in an unsafeguarded nuclear facility 
     or unsafeguarded nuclear-related complex, or for any activity 
     related to the research, development, testing, or manufacture 
     of nuclear explosive devices;
       (9) India has provided sufficient assurances that the 
     provision by the United States of nuclear fuel will not 
     facilitate the increased production by India of fissile 
     material in unsafeguarded nuclear facilities; and
       (10) the Nuclear

                                 ______
                                 
  SA 5184. Mr. CRAPO submitted an amendment intended to be proposed by 
him to the bill H.R. 5384, making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies for the 
fiscal year ending September 30, 2007, and for other purposes, which 
was ordered to lie on the table; as follows:

       On page 117, strike lines 9 through 12 and insert the 
     following:

     described in section 306E of such Act; of which the Secretary 
     may use not less than $5,000,000 nor more than $50,000,000 to 
     provide grants to States, not to exceed $1,000,000 per grant, 
     to assist communities of less than 2,500 individuals, or 
     entities that serve those communities, in complying with 
     environmental regulations affecting the communities based on 
     assistance approval criteria developed by the State and 
     approved by the Secretary: Provided, That each State 
     assistance approval criteria and any application for 
     assistance funded under the criteria shall be approved by a 
     council of citizens of the State that represent the regions 
     of the State: Provided further, That the assistance may be 
     used in conjunction with any other assistance provided by any 
     Federal agency and shall be treated as funds of the community 
     and not of the Federal Government: Provided further, That no 
     matching requirement may be imposed on a community as a 
     condition of receiving the assistance: Provided further, That 
     funds not needed by a State in accordance with the grant 
     application of the State may be repooled by the Secretary; 
     and of which $88,234,000 shall be for the rural business and 
     cooperative development programs described in sections 
     381E(d)(3) and 310B(f) of such Act: Provided further, That of 
     the total amount

                                 ______
                                 
  SA 5185. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 5384, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2007, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CALCULATION OF AMOUNT OF CERTAIN BENEFITS.

       (a) In General.--Chapter 9 of title II of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 
     120 Stat. 471) is amended under the heading ``community 
     development fund (including transfer of funds)'' under the 
     heading ``Community Planning and Development'' under the 
     heading ``DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'', by 
     inserting after ``Army Corps of Engineers:'' the following: 
     ``Provided further, That notwithstanding the previous proviso 
     or any other provision of law, in providing assistance in the 
     State of Louisiana, the Administrator of the Small Business 
     Administration may (in determining whether activities are 
     reimbursable under, or whether funds have been made available 
     under, the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) using amounts made 
     available under this heading) use as the amount of a loan 
     under section 7(b) of the Small Business Act (15 U.S.C. 
     636(b)) the amount attributable to the difference between the 
     rate of interest on such loan and the market rate at which 
     such borrower could have borrowed such funds, over the period 
     of such loan:''.
       (b) Effective Date and Applicability.--
       (1) Effective date.--The amendments made by this section 
     shall take effect as though enacted as part of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 
     120 Stat. 418).
       (2) Applicability.--The amendments made by this section 
     shall apply to any application for assistance under section 
     7(b) of the Small Business Act (15 U.S.C. 636(b)) that is 
     submitted not later than 1 year after the date of enactment 
     of this Act.

                                 ______
                                 
  SA 5186. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 5384, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2007, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 93, line 11, after ``Service:'' insert ``Provided 
     further, That not less than $600,000 of the amount made 
     available under this heading shall be used to provide funding 
     for the soil and water research unit located at Louisiana 
     State University:''.

                                 ______
                                 
  SA 5187. Mrs. BOXER proposed an amendment to the bill S. 3709, to 
exempt from certain requirements of the Atomic Energy Act of 1954 
United States exports of nuclear materials, equipment, and technology 
to India, and to implement the United States Additional Protocol; as 
follows:

       On page 8, beginning on line 8, strike ``Group; and'' and 
     all that follows through ``Nuclear'' on line 9 and insert the 
     following: ``Group;
       (8) India has agreed to suspend military-to-military 
     cooperation with Iran, including training exercises, until 
     such time as the

[[Page 22233]]

     Government of Iran no longer supports acts of international 
     terrorism, as determined by the Secretary of State under 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371) and section 6(j) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)); and
       (9) the Nuclear
                                 ______
                                 
  SA 5188. Mr. BINGAMAN (for himself, Mr. Domenici, Mr. Reid, Mr. 
Baucus, Mrs. Boxer, Ms. Cantwell, Mr. Crapo, Mrs. Feinstein, Mr, Kyl, 
Mrs. Murray, Mr. Salazar, and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill H.R. 5384, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 175, between lines 9 and 10, insert the following:
       Sec. 758. For an additional amount for ``Wildland Fire 
     Management'' under the heading ``DEPARTMENT OF THE INTERIOR'' 
     of title I of the Department of the Interior, Environment, 
     and Related Agencies Appropriations Act, 2006 (Public Law 
     109-54), there is appropriated, out of any money in the 
     Treasury not otherwise appropriated, $60,000,000 for the 
     conduct of emergency wildfire suppression activities of the 
     Secretary of the Interior: Provided, That the amount provided 
     under this section is designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 83 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2007, 
     as made applicable in the Senate by section 7035 of Public 
     Law 109-234.
       Sec. 759. For an additional amount for ``Wildland Fire 
     Management'' under the heading ``DEPARTMENT OF AGRICULTURE'' 
     of title III of the Department of the Interior, Environment, 
     and Related Agencies Appropriations Act, 2006 (Public Law 
     109-54), there is appropriated, out of any money in the 
     Treasury not otherwise appropriated, $300,000,000 for the 
     conduct of emergency wildfire suppression activities of the 
     Secretary of Agriculture, acting through the Chief of the 
     Forest Service: Provided, That the amount provided under this 
     section is designated as an emergency requirement pursuant to 
     section 402 of S. Con. Res. 83 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2007, as 
     made applicable in the Senate by section 7035 of Public Law 
     109-234.
                                 ______
                                 
  SA 5189. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 5384, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2007, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

    TITLE IX--OUTER CONTINENTAL SHELF ROYALTY REFORM AND ENHANCEMENT

     SEC. 901. LEASES, EASEMENTS, AND RIGHTS-OF-WAY ON THE OUTER 
                   CONTINENTAL SHELF.

       Section 8 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1337) is amended by adding at the end the following:
       ``(q) Royalty Suspension Provisions.--
       ``(1) In general.--Subject to paragraphs (2) through (4), 
     the Secretary shall agree to a request by any lessee to amend 
     any lease issued as a result of a Central or Western Gulf of 
     Mexico lease sale held during the period beginning on January 
     1, 1998, and ending on December 31, 1999, to incorporate 
     price thresholds applicable to royalty suspension provisions 
     in the amount of $34.73 per barrel (2005 dollars) for oil and 
     for natural gas of $4.34 per million Btu (2005 dollars).
       ``(2) Adjustment.--The oil and natural gas price thresholds 
     established under paragraph (1) shall be adjusted during any 
     calendar year after 2005 by the percentage, if any, by which 
     the implicit price deflator for the gross domestic product as 
     computed and published by the Department of Commerce changed 
     during the preceding calendar year.
       ``(3) New royalty suspension volumes.--After the date of 
     enactment of this subsection, price thresholds shall apply to 
     any royalty suspension volumes granted by the Secretary.
       ``(4) Effective date.--Any amended lease shall impose the 
     new price thresholds effective beginning October 1, 2006.
       ``(r) Conservation of Resources Fees.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall establish, 
     by regulation, a conservation of resources fee for producing 
     leases that will apply to new and existing leases which shall 
     be established at $9 per barrel for oil and $1.25 per million 
     Btu for gas (2006 dollars).
       ``(2) Covered areas.--The fee shall only apply to leases 
     issued with deep water royalty relief for which royalties are 
     not being paid when prices exceed $34.73 per barrel for oil 
     and $4.34 per million Btu for natural gas (2005 dollars).
       ``(3) Effective date.--A fee imposed under this subsection 
     shall apply to production that occurs on or after October 1, 
     2006.''.

     SEC. 902. COASTAL IMPACT ASSISTANCE PROGRAM.

       Section 31(b) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1356a(b)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``The'' and inserting the following:
       ``(A) Fiscal years 2007 through 2010.--The''; and
       (B) by adding at the end the following:
       ``(B) Certain royalty revenues.--Notwithstanding section 9, 
     of the amount of any royalty revenues payable to the United 
     States from any lease issued with deep water royalty relief 
     as the result of a Central or Western Gulf of Mexico lease 
     sale held during the period beginning on January 1, 1998, and 
     ending on December 31, 1999, the Secretary of the Treasury 
     shall deposit--
       ``(i) the amount of the royalty revenues in a special 
     account in the Treasury, to be available to the Secretary of 
     the Interior, without further appropriation, for each of 
     fiscal years 2007 through 2016, for disbursement to Gulf 
     producing States and coastal political subdivisions in 
     accordance with this section, except that the amount made 
     available under this clause shall not exceed a total of 
     $2,500,000,000; and
       ``(ii) any remainder of the royalty revenues in the general 
     fund of the Treasury, to be used for deficit reduction.''; 
     and
       (2) in paragraph (3)(B)--
       (A) in clause (i), by striking ``and'' after the semicolon 
     at the end;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) the amount of qualified outer Continental Shelf 
     revenues for each of fiscal years 2011 through 2016 shall be 
     determined using qualified outer Continental Shelf revenues 
     received for fiscal year 2010.''.

                                 ______
                                 
  SA 5190. Mr. VOINOVICH (for himself and Mr. DeWine) submitted an 
amendment intended to be proposed by him to the bill H.R. 5384, making 
appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 100, line 20, strike ``influenza:'' and insert 
     ``influenza; and of which not less than $1,500,000 shall be 
     divided equally among each State that borders a Great Lake 
     for use in enhancing facilities of the State to test for the 
     presence of viral hemorrhagic septicemia in fish caught or 
     farmed in the State:''.
                                 ______
                                 
  SA 5191. Mr. MARTINEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 5384, making appropriations for Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2007, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 755.
                                 ______
                                 
  SA 5192. Mr. FRIST (for Mrs. Feinstein) proposed an amendment to the 
bill S. 994, to authorize the Attorney General to make grants to 
improve the ability of State and local governments to prevent the 
abduction of children by family members, and for other purposes; as 
follows:

       On page 1, line 5, strike ``Act of 2005'' and insert ``Act 
     of 2006''.

       On page 6, line 1, strike ``fiscal year 2006'' and all that 
     follows through line 2 and insert the following: ``fiscal 
     year 2008, and such sums as may be necessary for each of 
     fiscal years 2009 and 2010.''.

                                 ______
                                 
  SA 5193. Mr. FRIST (for Mr. Reid) proposed an amendment to the 
concurrent resolution S. Con. Res. 101, condemning the repression of 
the Iranian Baha'i community and calling for the emancipation of 
Iranian Baha'is; as follows:

       On page 3, lines 3 and 4, strike ``Universal Declaration of 
     Human Rights'' and insert ``International Covenant on Civil 
     and Political Rights''.

                          ____________________




                    AUTHORlTY FOR COMMITTEES TO MEET


           Committee on commerce, science and transportation

  Mr. LUGAR. Mr. President, I ask unanimous consent that the Committee 
on Commerce, Science, and Transportation be authorized to hold a Full 
Committee hearing on the Reauthorization of the Pipeline Safety Program 
on Thursday, November 16, 2006 at 10 a.m. in room 253 of the Russell 
Senate Office Building.

[[Page 22234]]

  The PRESIDING OFFICER. Without objection, it is so ordered.


               committee on energy and natural resources

  Mr. LUGAR. Mr. President, I ask unanimous consent that the Committee 
on Energy and Natural Resources be authorized to meet during the 
session of the Senate on Thursday, November 16, 2006 at 10 a.m. The 
purpose of this hearing is to consider the nomination of Kevin M. 
Kolevar, of Michigan, to be an Assistant Secretary of Energy 
(Electricity Delivery and Energy).
  The PRESIDING OFFICER. Without objection, it is so ordered.


               committee on environment and public works

  Mr. LUGAR. Mr. President, I ask unanimous consent that on Thursday, 
November 16, 2006 following the first vote Committee on Environment and 
Public Works be authorized to hold a Business Meeting to consider the 
following agenda:
  Alex Beehler to be Inspector General of the Environmental Protection 
Agency.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          committee on finance

  Mr. LUGAR. Mr. President, I ask unanimous consent that the Committee 
on Finance be authorized to meet during the session on Thursday, 
November 16, 2006, at 2 p.m., in 215 Dirksen Senate Office Building, to 
hear testimony on ``The CHIP Program From the States' Perspective.''
  The PRESIDING OFFICER. Without objection, it is so ordered.


          committee on health, education, labor, and pensions

  Mr. LUGAR. Mr. President, I ask unanimous consent that the Committee 
on Health, Education, Labor, and Pensions be authorized to hold a 
hearing during the session of the Senate on Thursday, November 16, 2006 
at 10 a.m. in SD-430.
  The PRESIDING OFFICER. Without objection, it is so ordered.


         committee on homeland security and government affairs

  Mr. LUGAR. Mr. President, I ask unanimous consent that the Committee 
on Homeland Security and Governmental Affairs be authorized to hold an 
off-the-floor markup during the session on Thursday, November 16, 2006, 
to consider pending committee business (agenda attached).

     Agenda

  Legislation: S. 4046, Iraq Reconstruction Accountability Act of 2006.
  Nominations: The Honorable James H. Bilbray to be Governor, U.S. 
Postal Service; Thurgood Marshall Jr. to be Governor, U.S. Postal 
Service; The Honorable Dan G. Blair to be Chairman, Postal Rate 
Commission, Stephen T. Conboy to be U.S. Marshal, Superior Court of the 
District of Columbia.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       committee on the judiciary

  Mr. LUGAR. Mr. President, I ask unanimous consent that the Senate 
Committee on the Judiciary be authorized to meet to conduct a hearing 
on ``Oversight of the Civil Rights Division'' on Thursday, November 16, 
2006 at 9:30 a.m. in Dirksen Senate Office Building Room 226. The 
witness list is attached.
  Panel I: The Hon. Wan Kim, Assistant Attorney General, Civil Rights 
Division, U.S. Department of Justice, Washington, DC.
  Panel II: Mr. Michael A. Carvin, Partner, Jones Day, Washington, DC; 
Mr. Ted Shaw, Director-Counsel and President, NAACP Legal Defense and 
Educational Fund, Inc. (LDF), New York, NY; Mr. Robert N. Driscoll, 
Partner, Alston & Bird, LLP Washington, DC; Mr. Joseph Rich, Director 
of Fair Housing and Community Development, Lawyer's Committee for Civil 
Rights Under Law Washington, DC.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                permanent subcommittee on investigations

  Mr. LUGAR. Mr. President, I ask unanimous consent that the Permanent 
Subcommittee on Investigations of the Committee on Homeland Security 
and Governmental Affairs be authorized to meet on Thursday, November 
16, 2006, at 10 a.m., for a hearing entitled ``The Defense Travel 
System: Boon or Boondoggle (Part 2).''
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    select committee on intelligence

  Mr. LUGAR. Mr. President, I ask unanimous consent that the Select 
Committee on Intelligence be authorized to meet during the session of 
the Senate on November 16, 2006 at 10:30 a.m., to hold a closed 
briefing.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Subcommittee on Public Lands and Forests

  Mr. LUGAR. Mr. President, I ask unanimous consent that the Committee 
on Energy and Natural Resources Subcommittee on Public Lands and 
Forests be authorized to meet during the session of the Senate on 
Thursday, November 16 at 2:30 p.m.
  The purpose of the hearing is to receive testimony relating to S. 
2626, a bill to establish wilderness areas, promote conservation, 
improve public land, and provide for high quality economic development 
in Washington County, Utah, and for other purposes; and S. 3772, a bill 
to establish wilderness areas, promote conservation, improve public 
land, and provide for high quality development in White Pine Nevada, 
and for other purposes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


            subcommittee on readiness and management support

  Mr. LUGAR. Mr. President, I ask unanimous consent that the 
Subcommittee on Readiness and Management support of the Committee on 
Armed Services be authorized to meet during the session of the Senate 
on November 16, 2006, at 9:30 a.m., in open session to receive 
testimony on Department of Defense business systems modernization 
efforts.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mr. LUGAR. Mr. President, I ask unanimous consent that Sharon 
Squassoni, a specialist with the Congressional Research Service, be 
granted privileges of the floor during the duration of the Senate's 
consideration of S. 3709.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BINGAMAN. Mr. President, I ask unanimous consent that William 
Johnson and Lona Stoll, who are fellows in Senator Kennedy's office, be 
granted floor privileges during the consideration of S. 3709.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LUGAR. I ask unanimous consent that Henry Abeyta, a fellow with 
the Committee on Energy and Natural Resources, be granted the 
privileges of the floor for the duration of the debate on S. 3709, the 
United States-India Peaceful Atomic Energy bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DORGAN. First, I ask unanimous consent on behalf of Senator 
Feingold that a fellow in his office by the name of David Bonine be 
granted floor privileges for the duration of the debate on S. 3709, the 
India-United States nuclear legislation, and any vote thereon.
  The PRESIDING OFFICER (Mr. Coleman). Without objection, it is so 
ordered.

                          ____________________




   MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2007

  On Tuesday, November 14, 2006, the Senate passed H.R. 5385, as 
follows:

                               H.R. 5385

       Resolved, That the bill from the House of Representatives 
     (H.R. 5385) entitled ``An Act making appropriations for the 
     military quality of life functions of the Department of 
     Defense, military construction, the Department of Veterans 
     Affairs, and related agencies for the fiscal year ending 
     September 30, 2007, and for other purposes.'', do pass with 
     the following amendments:
       Strike out all after the enacting clause and insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for military 
     construction, the Department of Veterans Affairs, and related 
     agencies for the fiscal year ending September 30, 2007, and 
     for other purposes, namely:

[[Page 22235]]



                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army


                    (Including Rescissions of Funds)

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Army as 
     currently authorized by law, including personnel in the Army 
     Corps of Engineers and other personal services necessary for 
     the purposes of this appropriation, and for construction and 
     operation of facilities in support of the functions of the 
     Commander in Chief, $2,172,622,000, to remain available until 
     September 30, 2011: Provided, That of this amount, not to 
     exceed $199,540,000 shall be available for study, planning, 
     design, architect and engineer services, and host nation 
     support, as authorized by law, unless the Secretary of 
     Defense determines that additional obligations are necessary 
     for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor: Provided further, 
     That of the funds appropriated for ``Military Construction, 
     Army'' under Public Law 109-114, $43,348,000 are hereby 
     rescinded: Provided further, That of the funds appropriated 
     for ``Military Construction, Army'' under Public Law 109-13, 
     $125,800,000 are hereby rescinded: Provided further, That of 
     the amount provided under this heading, $34,800,000 is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 83 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2007, as made 
     applicable in the Senate by section 7035 of Public Law 109-
     234.

              Military Construction, Navy and Marine Corps


                    (Including Rescissions of Funds)

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, naval installations, 
     facilities, and real property for the Navy and Marine Corps 
     as currently authorized by law, including personnel in the 
     Naval Facilities Engineering Command and other personal 
     services necessary for the purposes of this appropriation, 
     $1,238,065,000, to remain available until September 30, 2011: 
     Provided, That of this amount, not to exceed $71,626,000 
     shall be available for study, planning, design, and architect 
     and engineer services, as authorized by law, unless the 
     Secretary of Defense determines that additional obligations 
     are necessary for such purposes and notifies the Committees 
     on Appropriations of both Houses of Congress of the 
     determination and the reasons therefor: Provided further, 
     That of the funds appropriated for ``Military Construction, 
     Navy and Marine Corps'' under Public Law 108-132, $30,000,000 
     are hereby rescinded: Provided further, That of the funds 
     appropriated for ``Military Construction, Navy and Marine 
     Corps'' under Public Law 108-324, $8,000,000 are hereby 
     rescinded.

                    Military Construction, Air Force


                    (Including Rescissions of Funds)

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Air 
     Force as currently authorized by law, $1,214,885,000, to 
     remain available until September 30, 2011: Provided, That of 
     this amount, not to exceed $71,381,000 shall be available for 
     study, planning, design, and architect and engineer services, 
     as authorized by law, unless the Secretary of Defense 
     determines that additional obligations are necessary for such 
     purposes and notifies the Committees on Appropriations of 
     both Houses of Congress of the determination and the reasons 
     therefor: Provided further, That of the funds appropriated 
     for ``Military Construction, Air Force'' under Public Law 
     108-324, $2,694,000 are hereby rescinded: Provided further, 
     That of the funds appropriated for ``Military Construction, 
     Air Force'' under Public Law 109-114, $19,816,000 are hereby 
     rescinded: Provided further, That of the funds appropriated 
     for ``Military Construction, Air Force'' under Public Law 
     109-13, $10,800,000 are hereby rescinded.

                  Military Construction, Defense-Wide


             (including Rescissions and transfer of funds)

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, installations, 
     facilities, and real property for activities and agencies of 
     the Department of Defense (other than the military 
     departments), as currently authorized by law, $1,162,281,000, 
     to remain available until September 30, 2011: Provided, That 
     such amounts of this appropriation as may be determined by 
     the Secretary of Defense may be transferred to such 
     appropriations of the Department of Defense available for 
     military construction or family housing as the Secretary may 
     designate, to be merged with and to be available for the same 
     purposes, and for the same time period, as the appropriation 
     or fund to which transferred: Provided further, That of the 
     amount appropriated, not to exceed $172,150,000 shall be 
     available for study, planning, design, and architect and 
     engineer services, as authorized by law, unless the Secretary 
     of Defense determines that additional obligations are 
     necessary for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor: Provided further, 
     That of the funds appropriated for ``Military Construction, 
     Defense-Wide'' under Public Law 108-132, $9,000,000 are 
     hereby rescinded: Provided further, That of the funds 
     appropriated for ``Military Construction, Defense-Wide'' 
     under Public Law 108-324, $43,000,000 are hereby rescinded: 
     Provided further, That of the funds appropriated for 
     ``Military Construction, Defense-Wide'' under Public Law 109-
     114, $72,065,000 are hereby rescinded: Provided further, That 
     of the amount provided under this heading, $100,886,000 is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 83 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2007, as made 
     applicable in the Senate by section 7035 of Public Law 109-
     234.

               Military Construction, Army National Guard


                    (Including Rescission of Funds)

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $539,804,000, to remain available until September 30, 2011: 
     Provided, That of the funds appropriated for ``Military 
     Construction, Army National Guard'' under Public Law 109-114, 
     $2,129,000 are hereby rescinded.

               Military Construction, Air National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $252,834,000, to remain available until September 30, 2011.

                  Military Construction, Army Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army Reserve as authorized by chapter 
     1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $191,450,000, to remain 
     available until September 30, 2011.

                  Military Construction, Navy Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the reserve components of the Navy and 
     Marine Corps as authorized by chapter 1803 of title 10, 
     United States Code, and Military Construction Authorization 
     Acts, $48,408,000, to remain available until September 30, 
     2011.

                Military Construction, Air Force Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air Force Reserve as authorized by 
     chapter 1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $44,936,000, to remain 
     available until September 30, 2011.

                   North Atlantic Treaty Organization


                      Security Investment Program

       For the United States share of the cost of the North 
     Atlantic Treaty Organization Security Investment Program for 
     the acquisition and construction of military facilities and 
     installations (including international military headquarters) 
     and for related expenses for the collective defense of the 
     North Atlantic Treaty Area as authorized by section 2806 of 
     title 10, United States Code, and Military Construction 
     Authorization Acts, $205,985,000, to remain available until 
     expended.

                   Family Housing Construction, Army

       For expenses of family housing for the Army for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $578,791,000, to remain available until September 30, 2011.

             Family Housing Operation and Maintenance, Army

       For expenses of family housing for the Army for operation 
     and maintenance, including debt payment, leasing, minor 
     construction, principal and interest charges, and insurance 
     premiums, as authorized by law, $675,617,000.

           Family Housing Construction, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for construction, including acquisition, replacement, 
     addition, expansion, extension, and alteration, as authorized 
     by law, $305,071,000, to remain available until September 30, 
     2011.

    Family Housing Operation and Maintenance, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for operation and maintenance, including debt payment, 
     leasing, minor construction, principal and interest charges, 
     and insurance premiums, as authorized by law, $498,525,000.

                 Family Housing Construction, Air Force


                    (Including Rescissions of Funds)

       For expenses of family housing for the Air Force for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $1,182,138,000, to remain available until September 30, 2011: 
     Provided, That of the funds appropriated for ``Family Housing 
     Construction, Air Force'' under Public Law 108-324, 
     $23,400,000 are hereby rescinded: Provided further, That of 
     the funds appropriated for ``Family Housing Construction, Air 
     Force'' under Public Law 109-114, $42,800,000 are hereby 
     rescinded.

          Family Housing Operation and Maintenance, Air Force

       For expenses of family housing for the Air Force for 
     operation and maintenance, including

[[Page 22236]]

     debt payment, leasing, minor construction, principal and 
     interest charges, and insurance premiums, as authorized by 
     law, $755,071,000.

               Family Housing Construction, Defense-Wide

       For expenses of family housing for the activities and 
     agencies of the Department of Defense (other than the 
     military departments) for construction, including 
     acquisition, replacement, addition, expansion, extension, and 
     alteration, as authorized by law, $8,808,000, to remain 
     available until September 30, 2011.

         Family Housing Operation and Maintenance, Defense-Wide

       For expenses of family housing for the activities and 
     agencies of the Department of Defense (other than the 
     military departments) for operation and maintenance, leasing, 
     and minor construction, as authorized by law, $48,506,000.

         Department of Defense Family Housing Improvement Fund

       For the Department of Defense Family Housing Improvement 
     Fund, $2,500,000, to remain available until expended, for 
     family housing initiatives undertaken pursuant to section 
     2883 of title 10, United States Code, providing alternative 
     means of acquiring and improving military family housing and 
     supporting facilities.

          Chemical Demilitarization Construction, Defense-Wide

       For expenses of construction, not otherwise provided for, 
     necessary for the destruction of the United States stockpile 
     of lethal chemical agents and munitions in accordance with 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, as currently authorized by law, 
     $140,993,000, to remain available until September 30, 2011, 
     which shall be only for the Assembled Chemical Weapons 
     Alternatives program.

            Department of Defense Base Closure Account 1990

       For deposit into the Department of Defense Base Closure 
     Account 1990, established by section 2906(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $191,220,000, to remain available until expended.

            Department of Defense Base Closure Account 2005

       For deposit into the Department of Defense Base Closure 
     Account 2005, established by section 2906A(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $5,237,100,000, to remain available until 
     expended.

                       Administrative Provisions

       Sec. 101. None of the funds made available in this title 
     shall be expended for payments under a cost-plus-a-fixed-fee 
     contract for construction, where cost estimates exceed 
     $25,000, to be performed within the United States, except 
     Alaska, without the specific approval in writing of the 
     Secretary of Defense setting forth the reasons therefor.
       Sec. 102. Funds made available in this title for 
     construction shall be available for hire of passenger motor 
     vehicles.
       Sec. 103. Funds made available in this title for 
     construction may be used for advances to the Federal Highway 
     Administration, Department of Transportation, for the 
     construction of access roads as authorized by section 210 of 
     title 23, United States Code, when projects authorized 
     therein are certified as important to the national defense by 
     the Secretary of Defense.
       Sec. 104. None of the funds made available in this title 
     may be used to begin construction of new bases in the United 
     States for which specific appropriations have not been made.
       Sec. 105. None of the funds made available in this title 
     shall be used for purchase of land or land easements in 
     excess of 100 percent of the value as determined by the Army 
     Corps of Engineers or the Naval Facilities Engineering 
     Command, except: (1) where there is a determination of value 
     by a Federal court; (2) purchases negotiated by the Attorney 
     General or the designee of the Attorney General; (3) where 
     the estimated value is less than $25,000; or (4) as otherwise 
     determined by the Secretary of Defense to be in the public 
     interest.
       Sec. 106. None of the funds made available in this title 
     shall be used to: (1) acquire land; (2) provide for site 
     preparation; or (3) install utilities for any family housing, 
     except housing for which funds have been made available in 
     annual Acts making appropriations for military construction.
       Sec. 107. None of the funds made available in this title 
     for minor construction may be used to transfer or relocate 
     any activity from one base or installation to another, 
     without prior notification to the Committees on 
     Appropriations of both Houses of Congress.
       Sec. 108. None of the funds made available in this title 
     may be used for the procurement of steel for any construction 
     project or activity for which American steel producers, 
     fabricators, and manufacturers have been denied the 
     opportunity to compete for such steel procurement.
       Sec. 109. None of the funds available to the Department of 
     Defense for military construction or family housing during 
     the current fiscal year may be used to pay real property 
     taxes in any foreign nation.
       Sec. 110. None of the funds made available in this title 
     may be used to initiate a new installation overseas without 
     prior notification to the Committees on Appropriations of 
     both Houses of Congress.
       Sec. 111. None of the funds made available in this title 
     may be obligated for architect and engineer contracts 
     estimated by the Government to exceed $500,000 for projects 
     to be accomplished in Japan, in any North Atlantic Treaty 
     Organization member country, or in countries bordering the 
     Arabian Sea if that country has not increased its defense 
     spending by at least 3 percent in calendar year 2005, unless 
     such contracts are awarded to United States firms or United 
     States firms in joint venture with host nation firms.
       Sec. 112. None of the funds made available in this title 
     for military construction in the United States territories 
     and possessions in the Pacific and on Kwajalein Atoll, or in 
     countries bordering the Arabian Sea, may be used to award any 
     contract estimated by the Government to exceed $1,000,000 to 
     a foreign contractor: Provided, That this section shall not 
     be applicable to contract awards for which the lowest 
     responsive and responsible bid of a United States contractor 
     exceeds the lowest responsive and responsible bid of a 
     foreign contractor by greater than 20 percent: Provided 
     further, That this section shall not apply to contract awards 
     for military construction on Kwajalein Atoll for which the 
     lowest responsive and responsible bid is submitted by a 
     Marshallese contractor.
       Sec. 113. The Secretary of Defense is to inform the 
     appropriate committees of both Houses of Congress, including 
     the Committees on Appropriations, of the plans and scope of 
     any proposed military exercise involving United States 
     personnel 30 days prior to its occurring, if amounts expended 
     for construction, either temporary or permanent, are 
     anticipated to exceed $750,000.
       Sec. 114. Not more than 20 percent of the funds made 
     available in this title which are limited for obligation 
     during the current fiscal year shall be obligated during the 
     last two months of the fiscal year.


                     (including transfer of funds)

       Sec. 115. Funds appropriated to the Department of Defense 
     for construction in prior years shall be available for 
     construction authorized for each such military department by 
     the authorizations enacted into law during the current 
     session of Congress.
       Sec. 116. For military construction or family housing 
     projects that are being completed with funds otherwise 
     expired or lapsed for obligation, expired or lapsed funds may 
     be used to pay the cost of associated supervision, 
     inspection, overhead, engineering and design on those 
     projects and on subsequent claims, if any.
       Sec. 117. Notwithstanding any other provision of law, any 
     funds made available to a military department or defense 
     agency for the construction of military projects may be 
     obligated for a military construction project or contract, or 
     for any portion of such a project or contract, at any time 
     before the end of the fourth fiscal year after the fiscal 
     year for which funds for such project were made available, if 
     the funds obligated for such project: (1) are obligated from 
     funds available for military construction projects; and (2) 
     do not exceed the amount appropriated for such project, plus 
     any amount by which the cost of such project is increased 
     pursuant to law.
       Sec. 118. (a) Not later than December 1, 2006, the 
     Secretary of Defense, in consultation with the Secretary of 
     State, shall submit to the Committees on Appropriations of 
     both Houses of Congress a report on actions taken by the 
     Department of Defense and the Department of State during the 
     previous fiscal year to encourage host countries to assume a 
     greater share of the common defense burden of such countries 
     and the United States.
       (b) The report under subsection (a) shall include a 
     description of--
       (1) attempts to secure cash and in-kind contributions from 
     host countries for military construction projects;
       (2) attempts to achieve economic incentives offered by host 
     countries to encourage private investment for the benefit of 
     the United States Armed Forces;
       (3) attempts to recover funds due to be paid to the United 
     States by host countries for assets deeded or otherwise 
     imparted to host countries upon the cessation of United 
     States operations at military installations;
       (4) the amount spent by host countries on defense, in 
     dollars and in terms of the percent of gross domestic product 
     (GDP) of the host country; and
       (5) for host countries that are members of the North 
     Atlantic Treaty Organization (NATO), the amount contributed 
     to NATO by host countries, in dollars and in terms of the 
     percent of the total NATO budget.
       (c) In this section, the term ``host country'' means other 
     member countries of NATO, Japan, South Korea, and United 
     States allies bordering the Arabian Sea.


                     (including transfer of funds)

       Sec. 119. In addition to any other transfer authority 
     available to the Department of Defense, proceeds deposited to 
     the Department of Defense Base Closure Account established by 
     section 207(a)(1) of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (10 U.S.C. 2687 note) 
     pursuant to section 207(a)(2)(C) of such Act, may be 
     transferred to the account established by section 2906(a)(1) 
     of the Defense Base Closure and Realignment Act of 1990 (10 
     U.S.C. 2687 note), to be merged with, and to be available for 
     the same purposes and the same time period as that account.


                     (including transfer of funds)

       Sec. 120. Subject to 30 days prior notification to the 
     Committees on Appropriations of both Houses of Congress, such 
     additional amounts as may be determined by the Secretary of 
     Defense may be transferred to: (1) the Department of Defense 
     Family Housing Improvement Fund from

[[Page 22237]]

     amounts appropriated for construction in ``Family Housing'' 
     accounts, to be merged with and to be available for the same 
     purposes and for the same period of time as amounts 
     appropriated directly to the Fund; or (2) the Department of 
     Defense Military Unaccompanied Housing Improvement Fund from 
     amounts appropriated for construction of military 
     unaccompanied housing in ``Military Construction'' accounts, 
     to be merged with and to be available for the same purposes 
     and for the same period of time as amounts appropriated 
     directly to the Fund: Provided, That appropriations made 
     available to the Funds shall be available to cover the costs, 
     as defined in section 502(5) of the Congressional Budget Act 
     of 1974, of direct loans or loan guarantees issued by the 
     Department of Defense pursuant to the provisions of 
     subchapter IV of chapter 169 of title 10, United States Code, 
     pertaining to alternative means of acquiring and improving 
     military family housing, military unaccompanied housing, and 
     supporting facilities.
       Sec. 121. (a) Not later than 60 days before issuing any 
     solicitation for a contract with the private sector for 
     military family housing the Secretary of the military 
     department concerned shall submit to the Committees on 
     Appropriations of both Houses of Congress the notice 
     described in subsection (b).
       (b)(1) A notice referred to in subsection (a) is a notice 
     of any guarantee (including the making of mortgage or rental 
     payments) proposed to be made by the Secretary to the private 
     party under the contract involved in the event of--
       (A) the closure or realignment of the installation for 
     which housing is provided under the contract;
       (B) a reduction in force of units stationed at such 
     installation; or
       (C) the extended deployment overseas of units stationed at 
     such installation.
       (2) Each notice under this subsection shall specify the 
     nature of the guarantee involved and assess the extent and 
     likelihood, if any, of the liability of the Federal 
     Government with respect to the guarantee.


                     (including transfer of funds)

       Sec. 122. In addition to any other transfer authority 
     available to the Department of Defense, amounts may be 
     transferred from the accounts established by sections 
     2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and 
     Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund 
     established by section 1013(d) of the Demonstration Cities 
     and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to 
     pay for expenses associated with the Homeowners Assistance 
     Program. Any amounts transferred shall be merged with and be 
     available for the same purposes and for the same time period 
     as the fund to which transferred.
       Sec. 123. Notwithstanding this or any other provision of 
     law, funds made available in this title for operation and 
     maintenance of family housing shall be the exclusive source 
     of funds for repair and maintenance of all family housing 
     units, including general or flag officer quarters: Provided, 
     That not more than $35,000 per unit may be spent annually for 
     the maintenance and repair of any general or flag officer 
     quarters without 30 days prior notification to the Committees 
     on Appropriations of both Houses of Congress, except that an 
     after-the-fact notification shall be submitted if the 
     limitation is exceeded solely due to costs associated with 
     environmental remediation that could not be reasonably 
     anticipated at the time of the budget submission: Provided 
     further, That the Under Secretary of Defense (Comptroller) is 
     to report annually to the Committees on Appropriations of 
     both Houses of Congress all operation and maintenance 
     expenditures for each individual general or flag officer 
     quarters for the prior fiscal year: Provided further, That 
     nothing in this section precludes the Secretary of a military 
     department, after notifying the congressional defense 
     committees and waiting 21 days, from using funds derived 
     under section 2601, chapter 403, chapter 603, or chapter 903 
     of title 10, United States Code, for the maintenance or 
     repair of general and flag officer quarters at the military 
     service academy under the jurisdiction of that Secretary: 
     Provided further, That each Secretary of a military 
     department shall provide an annual report by February 15 to 
     the congressional defense committees on the amount of funds 
     that were derived under section 2601, chapter 403, chapter 
     603, or chapter 903 of title 10, United States Code, in the 
     previous year and were obligated for the construction, 
     improvement, repair, or maintenance of any military facility 
     or infrastructure.
       Sec. 124. Amounts contained in the Ford Island Improvement 
     Account established by subsection (h) of section 2814 of 
     title 10, United States Code, are appropriated and shall be 
     available until expended for the purposes specified in 
     subsection (i)(1) of such section or until transferred 
     pursuant to subsection (i)(3) of such section.


                     (including transfer of funds)

       Sec. 125. None of the funds made available in this title, 
     or in any Act making appropriations for military construction 
     which remain available for obligation, may be obligated or 
     expended to carry out a military construction, land 
     acquisition, or family housing project at or for a military 
     installation approved for closure, or at a military 
     installation for the purposes of supporting a function that 
     has been approved for realignment to another installation, in 
     2005 under the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note), unless such a project at a military installation 
     approved for realignment will support a continuing mission or 
     function at that installation or a new mission or function 
     that is planned for that installation, or unless the 
     Secretary of Defense certifies that the cost to the United 
     States of carrying out such project would be less than the 
     cost to the United States of cancelling such project, or if 
     the project is at an active component base that shall be 
     established as an enclave or in the case of projects having 
     multi-agency use, that another Government agency has 
     indicated it will assume ownership of the completed project. 
     The Secretary of Defense may not transfer funds made 
     available as a result of this limitation from any military 
     construction project, land acquisition, or family housing 
     project to another account or use such funds for another 
     purpose or project without the prior approval of the 
     Committees on Appropriations of both Houses of Congress. This 
     section shall not apply to military construction projects, 
     land acquisition, or family housing projects for which the 
     project is vital to the national security or the protection 
     of health, safety, or environmental quality: Provided, That 
     the Secretary of Defense shall notify the congressional 
     defense committees within seven days of a decision to carry 
     out such a military construction project.
       Sec. 126. Section 3001(o) of the Emergency Supplemental 
     Appropriations Act for Defense and for the Reconstruction of 
     Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 
     1238; 5 U.S.C. App., note to section 8G of Public Law 95-
     452), as amended by section 1054(b) of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 109-364), is amended to read as follows:
       ``(o) Termination.--(1)(A) The Office of the Inspector 
     General shall terminate 10 months after 80 percent of the 
     funds appropriated or otherwise made available to the Iraq 
     Relief and Reconstruction Fund have been expended.
       ``(B) For purposes of calculating the termination of the 
     Office of the Inspector General under this subsection, any 
     United States funds appropriated or otherwise made available 
     for fiscal year 2006 for the reconstruction of Iraq, 
     irrespective of the designation of such funds, shall be 
     deemed to be amounts appropriated or otherwise made available 
     to the Iraq Relief and Reconstruction Fund.
       ``(2) The Special Inspector General for Iraq Reconstruction 
     shall, prior to the termination of the Office of the Special 
     Inspector General under paragraph (1), prepare a final 
     forensic audit report on all funds deemed to be amounts 
     appropriated or otherwise made available to the Iraq Relief 
     and Reconstruction Fund.''.
       Sec. 127. (a) Of the amount appropriated or otherwise made 
     available by this title under the heading ``Family Housing 
     Operation and Maintenance, Army'', $7,500,000 may be 
     available for the lease of not more than 300 additional 
     housing units in the vicinity of Fairbanks, Alaska. Such 
     funds may not be available for the construction or purchase 
     of such units.
       (b)(1) The total cost of a unit leased under subsection 
     (a), including the cost of utilities, maintenance, and 
     operation, may not exceed $25,000 per year.
       (2) A lease entered into under subsection (a) may not 
     exceed 5 years in duration or include an option to extend the 
     lease beyond the 5-year period beginning on the date the 
     lease commences.
       Sec. 128. (a) The amount appropriated or otherwise made 
     available by this title under the heading ``Military 
     Construction, Navy and Marine Corps'' and available for 
     ``Replacement Vehicle Bridge, Increment 2, Naval Station, 
     Newport, Rhode Island'' is hereby increased by $3,410,000.
       (b) The amount appropriated or otherwise made available by 
     this title under the heading ``Military Construction, Navy 
     and Marine Corps'' and available for ``Hazardous Material 
     Storage Facility, Naval Station Newport, Rhode Island'' is 
     hereby reduced by $3,410,000.
       Sec. 129. (a) The amount appropriated or otherwise made 
     available by this title under the heading ``Military 
     Construction, Air Force'' is hereby increased by $750,000.
       (b) Of the amount appropriated or otherwise made available 
     by this title under the heading ``Military Construction, Air 
     Force'', as increased by subsection (a), $750,000 may be 
     available for the Air Force Financial Management Center.
       (c) The amount appropriated or otherwise made available by 
     this title under the heading ``North Atlantic Treaty 
     Organization Security Investment Program'' is hereby reduced 
     by $750,000.
       Sec. 130. Subsection (c) of section 1077 of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 109-364) is hereby repealed.
       Sec. 131. (a) The amount available for ``Military 
     Construction, Air Force'' is hereby reduced by $25,400,000 
     for ``Basic Expeditionary Airmen Training Facility, Lackland 
     AFB, Texas''.
       (b) The amount available for ``Department of Defense Base 
     Closure Account 2005'' is hereby increased by $25,400,000.
       Sec. 132. Of the amount appropriated or otherwise made 
     available by chapter 7 of title I of the Department of 
     Defense, Emergency Supplemental Appropriations to Address 
     Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 
     2006 (Public Law 109-148) under the heading ``Military 
     Construction, Navy and Marine Corps'' and available for the 
     replacement of a Bachelor Enlisted Quarters at Naval 
     Construction Battalion Center, Gulfport, Mississippi, 
     $13,400,000 may be available for the construction of an 
     additional Bachelor Enlisted Quarters at Naval Construction 
     Battalion Center, Gulfport, Mississippi.

[[Page 22238]]



                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                       Veterans Benefits Programs


                       compensation and pensions

                     (including transfer of funds)

       For the payment of compensation benefits to or on behalf of 
     veterans and a pilot program for disability examinations as 
     authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 
     53, 55, and 61); pension benefits to or on behalf of veterans 
     as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 
     61; 92 Stat. 2508); and burial benefits, the Reinstated 
     Entitlement Program for Survivors, emergency and other 
     officers' retirement pay, adjusted-service credits and 
     certificates, payment of premiums due on commercial life 
     insurance policies guaranteed under the provisions of title 
     IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 540 
     et seq.) and for other benefits as authorized by law (38 
     U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, 
     and 61; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), 
     $38,007,095,000, to remain available until expended: 
     Provided, That not to exceed $28,112,000 of the amount 
     appropriated under this heading shall be reimbursed to 
     ``General operating expenses'' and ``Medical services'' for 
     necessary expenses in implementing the provisions of chapters 
     51, 53, and 55 of title 38, United States Code, the funding 
     source for which is specifically provided as the 
     ``Compensation and pensions'' appropriation: Provided 
     further, That such sums as may be earned on an actual 
     qualifying patient basis, shall be reimbursed to ``Medical 
     care collections fund'' to augment the funding of individual 
     medical facilities for nursing home care provided to 
     pensioners as authorized.


                         Readjustment Benefits

       For the payment of readjustment and rehabilitation benefits 
     to or on behalf of veterans as authorized by law (38 U.S.C. 
     chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), 
     $3,262,006,000, to remain available until expended: Provided, 
     That expenses for rehabilitation program services and 
     assistance which the Secretary is authorized to provide under 
     section 3104(a) of title 38, United States Code, other than 
     under subsection (a)(1), (2), (5), and (11) of that section, 
     shall be charged to this account.


                   Veterans Insurance and Indemnities

       For military and naval insurance, national service life 
     insurance, servicemen's indemnities, service-disabled 
     veterans insurance, and veterans mortgage life insurance as 
     authorized by title 38, United States Code, chapter 19; 70 
     Stat. 887; 72 Stat. 487, $49,850,000, to remain available 
     until expended.


         Veterans Housing Benefit Program Fund Program Account

                     (Including transfer of funds)

       For the cost of direct and guaranteed loans, such sums as 
     may be necessary to carry out the program, as authorized by 
     subchapters I through III of chapter 37 of title 38, United 
     States Code: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     during fiscal year 2007, within the resources available, not 
     to exceed $500,000 in gross obligations for direct loans are 
     authorized for specially adapted housing loans.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $153,185,000.


            Vocational Rehabilitation Loans Program Account

                     (including transfer of funds)

       For the cost of direct loans, $53,000, as authorized by 
     chapter 31 of title 38, United States Code: Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That funds made available under 
     this heading are available to subsidize gross obligations for 
     the principal amount of direct loans not to exceed 
     $4,242,000.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $305,000, which may be 
     transferred to and merged with the appropriation for 
     ``General operating expenses''.


          Native American Veteran Housing Loan Program Account

                     (including transfer of funds)

       For administrative expenses to carry out the direct loan 
     program authorized by subchapter V of chapter 37 of title 38, 
     United States Code, $615,000: Provided, That no new loans in 
     excess of $30,000,000 may be made in fiscal year 2007.


  Guaranteed Transitional Housing Loans for Homeless Veterans Program 
                                Account

       For the administrative expenses to carry out the guaranteed 
     transitional housing loan program authorized by subchapter VI 
     of chapter 37 of title 38, United States Code, not to exceed 
     $750,000 of the amounts appropriated by this Act for 
     ``General operating expenses'' and ``Medical services'' may 
     be expended.

                     Veterans Health Administration


                            medical services

                     (including transfer of funds)

       For necessary expenses for furnishing, as authorized by 
     law, inpatient and outpatient care and treatment to 
     beneficiaries of the Department of Veterans Affairs and 
     veterans described in section 1705(a) of title 38, United 
     States Code, including care and treatment in facilities not 
     under the jurisdiction of the Department, and including 
     medical supplies and equipment and salaries and expenses of 
     healthcare employees hired under title 38, United States 
     Code, and aid to State homes as authorized by section 1741 of 
     title 38, United States Code; and for necessary expenses in 
     the administration of the medical, hospital, nursing home, 
     domiciliary, construction, supply, and research activities, 
     as authorized by law; administrative expenses in support of 
     capital policy activities; and administrative and legal 
     expenses of the Department for collecting and recovering 
     amounts owed the Department as authorized under chapter 17 of 
     title 38, United States Code, and the Federal Medical Care 
     Recovery Act (42 U.S.C. 2651 et seq.); $28,689,000,000, plus 
     reimbursements: Provided, That of the funds made available 
     under this heading, not to exceed $1,350,000,000 shall be 
     available until September 30, 2008: Provided further, That, 
     notwithstanding any other provision of law, the Secretary of 
     Veterans Affairs shall establish a priority for treatment for 
     veterans who are service-connected disabled, lower income, or 
     have special needs: Provided further, That, notwithstanding 
     any other provision of law, the Secretary of Veterans Affairs 
     shall give priority funding for the provision of basic 
     medical benefits to veterans in enrollment priority groups 1 
     through 6: Provided further, That, notwithstanding any other 
     provision of law, the Secretary of Veterans Affairs may 
     authorize the dispensing of prescription drugs from Veterans 
     Health Administration facilities to enrolled veterans with 
     privately written prescriptions based on requirements 
     established by the Secretary: Provided further, That the 
     implementation of the program described in the previous 
     proviso shall incur no additional cost to the Department of 
     Veterans Affairs.


                           medical facilities

       For necessary expenses for the maintenance and operation of 
     hospitals, nursing homes, and domiciliary facilities and 
     other necessary facilities for the Veterans Health 
     Administration; for administrative expenses in support of 
     planning, design, project management, real property 
     acquisition and disposition, construction and renovation of 
     any facility under the jurisdiction or for the use of the 
     Department; for oversight, engineering and architectural 
     activities not charged to project costs; for repairing, 
     altering, improving or providing facilities in the several 
     hospitals and homes under the jurisdiction of the Department, 
     not otherwise provided for, either by contract or by the hire 
     of temporary employees and purchase of materials; for leases 
     of facilities; and for laundry and food services, 
     $3,569,000,000, plus reimbursements, of which $250,000,000 
     shall be available until September 30, 2008.


                    medical and prosthetic research

       For necessary expenses in carrying out programs of medical 
     and prosthetic research and development as authorized by 
     chapter 73 of title 38, United States Code, to remain 
     available until September 30, 2008, $412,000,000, plus 
     reimbursements, of which not less than $15,000,000 shall be 
     used for Gulf War Illness research.

                    National Cemetery Administration

       For necessary expenses of the National Cemetery 
     Administration for operations and maintenance, not otherwise 
     provided for, including uniforms or allowances therefor; 
     cemeterial expenses as authorized by law; purchase of one 
     passenger motor vehicle for use in cemeterial operations; and 
     hire of passenger motor vehicles, $160,733,000, of which not 
     to exceed $8,037,000 shall be available until September 30, 
     2008.

                      Departmental Administration


                       general operating expenses

                     (including transfer of funds)

       For necessary operating expenses of the Department of 
     Veterans Affairs, not otherwise provided for, including 
     administrative expenses in support of Department-Wide capital 
     planning, management and policy activities, uniforms or 
     allowances therefor; not to exceed $25,000 for official 
     reception and representation expenses; hire of passenger 
     motor vehicles; and reimbursement of the General Services 
     Administration for security guard services, and the 
     Department of Defense for the cost of overseas employee mail, 
     $1,467,764,000: Provided, That expenses for services and 
     assistance authorized under paragraphs (1), (2), (5), and 
     (11) of section 3104(a) of title 38, United States Code, that 
     the Secretary of Veterans Affairs determines are necessary to 
     enable entitled veterans: (1) to the maximum extent feasible, 
     to become employable and to obtain and maintain suitable 
     employment; or (2) to achieve maximum independence in daily 
     living, shall be charged to this account: Provided further, 
     That the Veterans Benefits Administration shall be funded at 
     not less than $1,167,859,000: Provided further, That of the 
     funds made available under this heading, not to exceed 
     $75,000,000 shall be available for obligation until September 
     30, 2008: Provided further, That from the funds made 
     available under this heading, the Veterans Benefits 
     Administration may purchase up to two passenger motor 
     vehicles for use in operations of that Administration in 
     Manila, Philippines.


                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     to include information technology, in carrying out the 
     provisions of the Inspector General Act of 1978, $70,599,000, 
     of which $3,474,950 shall remain available until September 
     30, 2008.


                      Construction, Major Projects

       For constructing, altering, extending and improving any of 
     the facilities including parking projects under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, or for any of the purposes set forth in sections 
     316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122

[[Page 22239]]

     of title 38, United States Code, including planning, 
     architectural and engineering services, construction 
     management services, maintenance or guarantee period services 
     costs associated with equipment guarantees provided under the 
     project, services of claims analysts, offsite utility and 
     storm drainage system construction costs, and site 
     acquisition, where the estimated cost of a project is more 
     than the amount set forth in section 8104(a)(3)(A) of title 
     38, United States Code, or where funds for a project were 
     made available in a previous major project appropriation, 
     $429,000,000, to remain available until expended, of which 
     $2,000,000 shall be to make reimbursements as provided in 
     section 13 of the Contract Disputes Act of 1978 (41 U.S.C. 
     612) for claims paid for contract disputes: Provided, That 
     except for advance planning activities, including needs 
     assessments which may or may not lead to capital investments, 
     and other capital asset management related activities, such 
     as portfolio development and management activities, and 
     investment strategy studies funded through the advance 
     planning fund and the planning and design activities funded 
     through the design fund and CARES funds, including needs 
     assessments which may or may not lead to capital investments, 
     none of the funds appropriated under this heading shall be 
     used for any project which has not been approved by the 
     Congress in the budgetary process: Provided further, That 
     funds provided in this appropriation for fiscal year 2007, 
     for each approved project (except those for CARES activities 
     referenced above) shall be obligated: (1) by the awarding of 
     a construction documents contract by September 30, 2007; and 
     (2) by the awarding of a construction contract by September 
     30, 2008: Provided further, That the Secretary of Veterans 
     Affairs shall promptly report in writing to the Committees on 
     Appropriations of both Houses of Congress any approved major 
     construction project in which obligations are not incurred 
     within the time limitations established above.


                      Construction, Minor Projects

       For constructing, altering, extending, and improving any of 
     the facilities including parking projects under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, including planning and assessments of needs which 
     may lead to capital investments, architectural and 
     engineering services, maintenance or guarantee period 
     services costs associated with equipment guarantees provided 
     under the project, services of claims analysts, offsite 
     utility and storm drainage system construction costs, and 
     site acquisition, or for any of the purposes set forth in 
     sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 
     8122, and 8162 of title 38, United States Code, where the 
     estimated cost of a project is equal to or less than the 
     amount set forth in section 8104(a)(3)(A) of title 38, United 
     States Code, $168,000,000, to remain available until 
     expended, along with unobligated balances of previous 
     ``Construction, minor projects'' appropriations which are 
     hereby made available for any project where the estimated 
     cost is equal to or less than the amount set forth in such 
     section for: (1) repairs to any of the nonmedical facilities 
     under the jurisdiction or for the use of the Department which 
     are necessary because of loss or damage caused by any natural 
     disaster or catastrophe; and (2) temporary measures necessary 
     to prevent or to minimize further loss by such causes.


       Grants for Construction of State Extended Care Facilities

       For grants to assist States to acquire or construct State 
     nursing home and domiciliary facilities and to remodel, 
     modify or alter existing hospital, nursing home and 
     domiciliary facilities in State homes, for furnishing care to 
     veterans as authorized by sections 8131-8137 of title 38, 
     United States Code, $85,000,000, to remain available until 
     expended.


          Grants for Construction of State Veterans Cemeteries

       For grants to aid States in establishing, expanding, or 
     improving State veterans cemeteries as authorized by section 
     2408 of title 38, United States Code, $32,000,000, to remain 
     available until expended.


                     Information Technology Systems

                     (including transfer of funds)

       For necessary expenses for information technology systems 
     and telecommunications support, including developmental 
     information systems and operational information systems; 
     including pay and associated cost for operations and 
     maintenance associated staff; for the capital asset 
     acquisition of information technology systems, including 
     management and related contractual costs of said 
     acquisitions, including contractual costs associated with 
     operations authorized by chapter 3109 of title 5, United 
     States Code, $1,255,900,000, to remain available until 
     September 30, 2008: Provided, That none of these funds may be 
     obligated until the Department of Veterans Affairs submits to 
     the Committees on Appropriations of both Houses of Congress, 
     and such Committees approve, a plan for expenditure that: (1) 
     meets the capital planning and investment control review 
     requirements established by the Office of Management and 
     Budget; (2) complies with the Department of Veterans Affairs 
     enterprise architecture; (3) conforms with an established 
     enterprise life cycle methodology; and (4) complies with the 
     acquisition rules, requirements, guidelines, and systems 
     acquisition management practices of the Federal Government: 
     Provided further, That within 60 days of enactment of this 
     Act, the Secretary of Veterans Affairs shall submit to the 
     Committees on Appropriations of both Houses of Congress a 
     reprogramming base letter which provides, by project, the 
     costs included in this appropriation.

                       Administrative Provisions


                     (including transfer of funds)

       Sec. 201. Any appropriation for fiscal year 2007, in this 
     Act or any other Act, for ``Compensation and pensions'', 
     ``Readjustment benefits'', and ``Veterans insurance and 
     indemnities'' may be transferred as necessary to any other of 
     the mentioned appropriations: Provided, That before a 
     transfer may take place, the Secretary of Veterans Affairs 
     shall request from the Committees on Appropriations of both 
     Houses of Congress the authority to make the transfer and an 
     approval is issued, or absent a response, a period of 30 days 
     has elapsed.


                     (including transfer of funds)

       Sec. 202. Amounts made available for fiscal year 2007, in 
     this Act or any other Act, under the ``Medical services'' and 
     ``Medical facilities'' accounts may be transferred between 
     the accounts to the extent necessary to implement the 
     restructuring of the Veterans Health Administration accounts: 
     Provided, That before a transfer may take place, the 
     Secretary of Veterans Affairs shall request from the 
     Committees on Appropriations of both Houses of Congress the 
     authority to make the transfer and an approval is issued.
       Sec. 203. Appropriations available in this title for 
     salaries and expenses shall be available for services 
     authorized by section 3109 of title 5, United States Code, 
     hire of passenger motor vehicles; lease of a facility or land 
     or both; and uniforms or allowances therefor, as authorized 
     by sections 5901-5902 of title 5, United States Code.
       Sec. 204. No appropriations in this title (except the 
     appropriations for ``Construction, major projects'', and 
     ``Construction, minor projects'') shall be available for the 
     purchase of any site for the construction of any new hospital 
     or home.
       Sec. 205. No appropriations in this title shall be 
     available for hospitalization or examination of any persons 
     (except beneficiaries entitled under the laws bestowing such 
     benefits to veterans, and persons receiving such treatment 
     under sections 7901-7904 of title 5, United States Code or 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.)), unless 
     reimbursement of cost is made to the ``Medical services'' 
     account at such rates as may be fixed by the Secretary of 
     Veterans Affairs.
       Sec. 206. Appropriations available in this title for 
     ``Compensation and pensions'', ``Readjustment benefits'', and 
     ``Veterans insurance and indemnities'' shall be available for 
     payment of prior year accrued obligations required to be 
     recorded by law against the corresponding prior year accounts 
     within the last quarter of fiscal year 2006.
       Sec. 207. Appropriations available in this title shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from sections 
     3328(a), 3334, and 3712(a) of title 31, United States Code, 
     except that if such obligations are from trust fund accounts 
     they shall be payable from ``Compensation and pensions''.
       Sec. 208. Notwithstanding any other provision of law, 
     during fiscal year 2007, the Secretary of Veterans Affairs 
     shall, from the National Service Life Insurance Fund (38 
     U.S.C. 1920), the Veterans' Special Life Insurance Fund (38 
     U.S.C. 1923), and the United States Government Life Insurance 
     Fund (38 U.S.C. 1955), reimburse the ``General operating 
     expenses'' account for the cost of administration of the 
     insurance programs financed through those accounts: Provided, 
     That reimbursement shall be made only from the surplus 
     earnings accumulated in an insurance program in fiscal year 
     2007 that are available for dividends in that program after 
     claims have been paid and actuarially determined reserves 
     have been set aside: Provided further, That if the cost of 
     administration of an insurance program exceeds the amount of 
     surplus earnings accumulated in that program, reimbursement 
     shall be made only to the extent of such surplus earnings: 
     Provided further, That the Secretary shall determine the cost 
     of administration for fiscal year 2007 which is properly 
     allocable to the provision of each insurance program and to 
     the provision of any total disability income insurance 
     included in such insurance program.
       Sec. 209. Amounts deducted from enhanced-use lease proceeds 
     to reimburse an account for expenses incurred by that account 
     during a prior fiscal year for providing enhanced-use lease 
     services, may be obligated during the fiscal year in which 
     the proceeds are received.
       Sec. 210. Funds available in this title or funds for 
     salaries and other administrative expenses shall also be 
     available to reimburse the Office of Resolution Management 
     and the Office of Employment Discrimination Complaint 
     Adjudication for all services provided at rates which will 
     recover actual costs but not exceed $31,246,000 for the 
     Office of Resolution Management and $3,059,000 for the Office 
     of Employment and Discrimination Complaint Adjudication: 
     Provided, That payments may be made in advance for services 
     to be furnished based on estimated costs: Provided further, 
     That amounts received shall be credited to ``General 
     operating expenses'' for use by the office that provided the 
     service.
       Sec. 211. No appropriations in this title shall be 
     available to enter into any new lease of real property if the 
     estimated annual rental is more than $300,000 unless the 
     Secretary submits a report which the Committees on 
     Appropriations of both Houses of Congress approve within 30 
     days following the date on which the report is received.

[[Page 22240]]

       Sec. 212. No funds of the Department of Veterans Affairs 
     shall be available for hospital care, nursing home care, or 
     medical services provided to any person under chapter 17 of 
     title 38, United States Code, for a non-service-connected 
     disability described in section 1729(a)(2) of such title, 
     unless that person has disclosed to the Secretary of Veterans 
     Affairs, in such form as the Secretary may require, current, 
     accurate third-party reimbursement information for purposes 
     of section 1729 of such title: Provided, That the Secretary 
     may recover, in the same manner as any other debt due the 
     United States, the reasonable charges for such care or 
     services from any person who does not make such disclosure as 
     required: Provided further, That any amounts so recovered for 
     care or services provided in a prior fiscal year may be 
     obligated by the Secretary during the fiscal year in which 
     amounts are received.


                     (including transfer of funds)

       Sec. 213. Notwithstanding any other provision of law, at 
     the discretion of the Secretary of Veterans Affairs, proceeds 
     or revenues derived from enhanced-use leasing activities 
     (including disposal) may be deposited into the 
     ``Construction, major projects'' and ``Construction, minor 
     projects'' accounts and be used for construction (including 
     site acquisition and disposition), alterations and 
     improvements of any medical facility under the jurisdiction 
     or for the use of the Department of Veterans Affairs. Such 
     sums as realized are in addition to the amount provided for 
     in ``Construction, major projects'' and ``Construction, minor 
     projects''.
       Sec. 214. Amounts made available under ``Medical services'' 
     are available--
       (1) for furnishing recreational facilities, supplies, and 
     equipment; and
       (2) for funeral expenses, burial expenses, and other 
     expenses incidental to funerals and burials for beneficiaries 
     receiving care in the Department.


                     (including transfer of funds)

       Sec. 215. Such sums as may be deposited to the Medical Care 
     Collections Fund pursuant to section 1729A of title 38, 
     United States Code, may be transferred to ``Medical 
     services'', to remain available until expended for the 
     purposes of this account.
       Sec. 216. Notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs shall allow veterans eligible 
     under existing Department of Veterans Affairs medical care 
     requirements and who reside in Alaska to obtain medical care 
     services from medical facilities supported by the Indian 
     Health Service or tribal organizations. The Secretary shall: 
     (1) limit the application of this provision to rural Alaskan 
     veterans in areas where an existing Department of Veterans 
     Affairs facility or Veterans Affairs-contracted service is 
     unavailable; (2) require participating veterans and 
     facilities to comply with all appropriate rules and 
     regulations, as established by the Secretary; (3) require 
     this provision to be consistent with Capital Asset 
     Realignment for Enhanced Services activities; and (4) result 
     in no additional cost to the Department of Veterans Affairs 
     or the Indian Health Service.


                     (including transfer of funds)

       Sec. 217. Such sums as may be deposited to the Department 
     of Veterans Affairs Capital Asset Fund pursuant to section 
     8118 of title 38, United States Code, may be transferred to 
     the ``Construction, major projects'' and ``Construction, 
     minor projects'' accounts, to remain available until expended 
     for the purposes of these accounts.
       Sec. 218. None of the funds available to the Department of 
     Veterans Affairs, in this Act, or any other Act, may be used 
     for payment for E-Gov initiatives.
       Sec. 219. None of the funds made available in this Act may 
     be used to implement any policy prohibiting the Directors of 
     the Veterans Integrated Service Networks from conducting 
     outreach or marketing to enroll new veterans within their 
     respective Networks.
       Sec. 220. The Secretary of Veterans Affairs shall submit to 
     the Committees on Appropriations of both Houses of Congress a 
     quarterly report on the financial status of the Veterans 
     Health Administration.


                     (including transfer of funds)

       Sec. 221. Amounts made available under the ``Medical 
     services'', ``Medical facilities'', ``General operating 
     expenses'', and ``National Cemetery Administration'' accounts 
     for fiscal year 2007, may be transferred to or from the 
     ``Information technology systems'' account: Provided, That 
     before a transfer may take place, the Secretary of Veterans 
     Affairs shall request from the Committees on Appropriations 
     of both Houses of Congress the authority to make the transfer 
     and an approval is issued.


                     (including transfer of funds)

       Sec. 222. For purposes of perfecting the funding sources of 
     the Department of Veterans Affairs' new ``Information 
     technology systems'' account, funds made available for fiscal 
     year 2007, in this or any other Act, may be transferred from 
     the ``General operating expenses'', ``National Cemetery 
     Administration'', and ``Office of Inspector General'' 
     accounts to the ``Medical services'' account: Provided, That 
     before a transfer may take place, the Secretary of Veterans 
     Affairs shall request from the Committees on Appropriations 
     of both Houses of Congress the authority to make the transfer 
     and an approval is issued.


                     (including transfer of funds)

       Sec. 223. Amounts made available for the ``Information 
     technology systems'' account may be transferred between 
     projects: Provided, That no project may be increased or 
     decreased by more than $1,000,000 of cost prior to submitting 
     a request to the Committees on Appropriations of both Houses 
     of Congress to make the transfer and an approval is issued, 
     or absent a response, a period of 30 days has elapsed.
       Sec. 224. No funds in this Act may be deposited into the 
     DOD/VA Health Care Sharing Incentive Fund.
       Sec. 225. The authority provided by section 2011 of title 
     38, United States Code, shall continue in effect through 
     September 30, 2007.
       Sec. 226. Report on Use of Lands at West Los Angeles 
     Department of Veterans Affairs Medical Center. (a) Report.-- 
     The Secretary of Veterans Affairs shall submit to Congress a 
     report on the master plan of the Department of Veterans 
     Affairs relating to the use of Department lands at the West 
     Los Angeles Department of Veterans Medical Center, 
     California.
       (b) Report Elements.--The report under subsection (a) shall 
     set forth the following:
       (1) The master plan referred to in that subsection, if such 
     a plan currently exists.
       (2) A current assessment of the master plan.
       (3) Any proposal of the Department for a veterans park on 
     the lands referred to in subsection (a), and an assessment of 
     each such proposal.
       (4) Any proposal to use a portion of those lands as 
     dedicated green space, and an assessment of each such 
     proposal.
       (c) Alternative Report Element.--If a master plan referred 
     to in subsection (a) does not exist as of the date of 
     enactment of this Act, the Secretary shall set forth in the 
     report under that subsection, in lieu of the matters 
     specified in paragraphs (1) and (2) of subsection (b), a plan 
     for the development of a master plan for the use of the lands 
     referred to in subsection (a) during the period beginning on 
     the date of the enactment of this Act and ending 25 years 
     later and during the period beginning on the date of the 
     enactment of this Act and ending 50 years later. The master 
     plan referred to in subsection (a) shall be completed prior 
     to the adoption of the Capital Asset Realignment for Enhanced 
     Services (CARES) plan for that property, or prior to the 
     issuance of any enhanced use lease on the subject property. 
     The CARES plan for the subject property shall be consistent 
     with the master plan required by this section.
       (d) Limitations on Implementation.--
       (1) In general.--The Secretary may not implement any 
     portion of the master plan referred to in subsection (a) 
     until 120 days after the date of the receipt by the 
     Committees on Appropriations of the Senate and the House of 
     Representatives of the report required by that subsection.
       (2) Actions other than direct veterans services.--In the 
     case of any portion of the master plan referred to in 
     subsection (a) that does not relate exclusively to direct 
     veterans services on the site referred to in subsection (a), 
     the Secretary may not carry out such portion of the master 
     plan without the approval of the Committees on Appropriations 
     of the Senate and the House of Representatives.
       (e) Exemptions.--Nothing contained in this provision shall 
     prevent the Department of Veterans Affairs from providing 
     maintenance, service or programs consistent with the mission 
     of the Department.
       Sec. 227. None of the funds available to the Department of 
     Veterans Affairs, in this Act, or any other Act, may be used 
     to replace the current system by which the Veterans 
     Integrated Services Networks select and contract for diabetes 
     monitoring supplies and equipment.
       Sec. 228. The major medical facility project for a 
     Department of Veterans Affairs Medical Center in New Orleans, 
     Louisiana, for which funds were appropriated for the 
     Department of Veterans Affairs for the ``Construction, major 
     projects'' account in Public Law 109-234 and Public Law 109-
     148 shall be treated for purposes of section 8104(b) of title 
     38, United States Code, as a major medical facility project 
     that has been specifically authorized by law, and the 
     Secretary of Veterans Affairs may obligate and expend amounts 
     so appropriated for that account for that project for the 
     purchase of a site including property exchange for, and new 
     construction, restoration, or replacement of, the Department 
     of Veterans Affairs Medical Center in New Orleans, Louisiana.
       Sec. 229. Of the amount appropriated by this title, up to 
     $18,000,000 may be available for necessary expenses, 
     including salaries and expenses, for the provision of 
     additional mental health services through centers for 
     readjustment counseling and related mental health services 
     for veterans under section 1712A of title 38, United States 
     Code (commonly referred to as ``Vet Centers''), to veterans 
     who served in combat in Iraq or Afghanistan.
       Sec. 230. Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committee on Appropriations of the Senate 
     and the Committee on Appropriations of the House of 
     Representatives a report on the actions taken by the 
     Secretary to test veterans for vestibular damage.
       Sec. 231. (a) Increase in Threshold for Major Medical 
     Facility Projects.--Section 8104(a)(3)(A) of title 38, United 
     States Code, is amended by striking ``$7,000,000'' and 
     inserting ``$10,000,000''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2006, and shall apply with 
     respect to fiscal years beginning on or after that date.
       Sec. 232. Notwithstanding any other provision of law, the 
     Secretary is authorized to carry out major medical facility 
     projects and leases for which any funds have been 
     appropriated under this Act or any other Act. Further, for 
     major medical facility projects authorized under Public Law 
     108-170, the Secretary may carry out

[[Page 22241]]

     contracts through September 30, 2007, including land purchase 
     on projects for which Phase I design has been authorized.
       Sec. 233. Of the amount appropriated by this title under 
     the heading ``Veterans Health Administration'', up to 
     $1,000,000 shall be available for the Office of Inspector 
     General.
       Sec. 234. (a) Colocation of Community Based Outpatient 
     Clinic With Wagner Indian Health Service Unit, Wagner, South 
     Dakota.--No amount appropriated or otherwise made available 
     for the Department of Veterans Affairs by this title may be 
     obligated or expended to implement a business plan of 
     Veterans Integrated Service Network 23 (VISN 23) for the 
     implementation a Community Based Outpatient Clinic (CBOC) in 
     Wagner, South Dakota, unless such business plan contains an 
     evaluation and an analysis of the prospect of colocating such 
     Community Based Outpatient Clinic with the Wagner Indian 
     Health Service unit in Wagner, South Dakota.
       (b) Availability of Amounts for Emergency Room Services at 
     Wagner Indian Health Service Unit.--Of the amount 
     appropriated or otherwise made available to the Department of 
     Veterans Affairs by this title under the heading ``Medical 
     Facilities'', at the discretion of the Secretary of the 
     Department of Veterans Affairs up to $500,000 may be 
     available for emergency room services at the Wagner Indian 
     Health Service unit pending implementation of a business plan 
     meeting the requirements in subsection (a).
       Sec. 235. (a) Study on Costs of Comprehensive Service 
     Programs for Homeless Veterans.--The Secretary of Veterans 
     Affairs shall carry out a study of costs associated with the 
     Comprehensive Service Programs authorized by sections 2011 
     and 2012 of title 38 United States Code.
       (b) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Veterans' Affairs and Appropriations of the 
     Senate and the Committees on Veterans' Affairs and 
     Appropriations of the House of Representatives a report on 
     the study required by subsection (a). The report shall set 
     forth the following:
       (1) The number of authorized and operational transitional 
     housing beds and service centers under the programs referred 
     to in subsection (a) in fiscal year 2006, and the number of 
     such beds and centers in each State and in each Congressional 
     District during such fiscal year.
       (2) The cost in fiscal year 2006 of grants under section 
     2011 of title 38, United States Code, to authorized and 
     operational transitional housing beds and service centers 
     under the programs referred to in that subsection.
       (3) The cost in fiscal year 2006 of per diem payments under 
     section 2012 of title 38 United States Code, to authorized 
     and operational transitional housing beds and service centers 
     under the programs referred to in that subsection.
       (4) The number of applications received, scored as 
     qualified, and awarded pursuant to the Capital Grant Notice 
     of Funds Availability published on April 20, 2006.
       (5) The range of per diem payment rates, the average per 
     diem payment rate, and the median per diem payment rate paid 
     to recipients of grants under section 2012 of title 38, 
     United States Code, in fiscal year 2006.
       (6) The number and percentage of total recipients of grants 
     under section 2011 of title 38 United States Code, in fiscal 
     year 2006 being paid under section 2012 of title 38, United 
     States Code, the rate authorized for State homes for 
     domiciliary care under section 1741(a)(1)(A) of that title 
     for fiscal year 2006.

                               TITLE III

                            RELATED AGENCIES

                  AMERICAN BATTLE MONUMENTS COMMISSION

                         Salaries and Expenses

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition of land or interest in land in foreign countries; 
     purchases and repair of uniforms for caretakers of national 
     cemeteries and monuments outside of the United States and its 
     territories and possessions; rent of office and garage space 
     in foreign countries; purchase (one-for-one replacement only) 
     and hire of passenger motor vehicles; not to exceed $7,500 
     for official reception and representation expenses; and 
     insurance of official motor vehicles in foreign countries, 
     when required by law of such countries, $37,088,000, to 
     remain available until expended.

                     Foreign Currency Fluctuations

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, $4,900,000, to remain 
     available until expended, for purposes authorized by section 
     2109 of title 36, United States Code.

           UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

                         Salaries and Expenses

       For necessary expenses for the operation of the United 
     States Court of Appeals for Veterans Claims as authorized by 
     sections 7251-7298 of title 38, United States Code, 
     $19,790,000: Provided, That $1,260,000 shall be available for 
     the purpose of providing financial assistance as described, 
     and in accordance with the process and reporting procedures 
     set forth, under this heading in Public Law 102-229.

                      DEPARTMENT OF DEFENSE--CIVIL

                       Cemeterial Expenses, Army

                         Salaries and Expenses

       For necessary expenses, as authorized by law, for 
     maintenance, operation, and improvement of Arlington National 
     Cemetery and Soldiers' and Airmen's Home National Cemetery, 
     including the purchase of two passenger motor vehicles for 
     replacement only, and not to exceed $1,000 for official 
     reception and representation expenses, $26,550,000, to remain 
     available until expended. In addition, such sums as may be 
     necessary for parking maintenance, repairs and replacement, 
     to be derived from the Lease of Department of Defense Real 
     Property for Defense Agencies account.

                      ARMED FORCES RETIREMENT HOME

       For expenses necessary for the Armed Forces Retirement Home 
     to operate and maintain the Armed Forces Retirement Home--
     Washington, District of Columbia and the Armed Forces 
     Retirement Home--Gulfport, Mississippi, to be paid from funds 
     available in the Armed Forces Retirement Home Trust Fund, 
     $54,846,000.

                       ADMINISTRATIVE PROVISIONS

       Sec. 301. None of the funds in this title under the heading 
     ``American Battle Monuments Commission'' shall be available 
     for the Capital Security Costs Sharing program.


                    (Including Rescission of Funds)

       Sec. 302. (a) For an additional amount for ``United States 
     Court of Appeals for Veterans Claims, Salaries and 
     Expenses'', $500,000, to remain available until expended, for 
     implementation of the Appellate Case Management Electronic 
     Case Files System.
       (b) Of the amount appropriated under the heading ``United 
     States Court of Appeals for Veterans Claims, Salaries and 
     Expenses'', in the Military Quality of Life, Military 
     Construction, and Veterans Affairs Appropriations Act, 2006 
     (Public Law 109-114), $500,000 are rescinded.
       (c) This section shall take effect immediately upon 
     enactment of this Act.

                                TITLE IV

                           GENERAL PROVISIONS

       Sec. 401. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 402. Such sums as may be necessary for fiscal year 
     2007 pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated in this Act.
       Sec. 403. None of the funds made available in this Act may 
     be used for any program, project, or activity, when it is 
     made known to the Federal entity or official to which the 
     funds are made available that the program, project, or 
     activity is not in compliance with any Federal law relating 
     to risk assessment, the protection of private property 
     rights, or unfunded mandates.
       Sec. 404. No part of any funds appropriated in this Act 
     shall be used by an agency of the executive branch, other 
     than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before 
     Congress, except in presentation to Congress itself.
       Sec. 405. All departments and agencies funded under this 
     Act are encouraged, within the limits of the existing 
     statutory authorities and funding, to expand their use of 
     ``E-Commerce'' technologies and procedures in the conduct of 
     their business practices and public service activities.
       Sec. 406. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer authority provided in, this Act or any 
     other appropriations Act.
       Sec. 407. Unless stated otherwise, all reports and 
     notifications required by this Act shall be submitted to the 
     Subcommittee on Military Quality of Life and Veterans 
     Affairs, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives and the 
     Subcommittee on Military Construction and Veterans Affairs, 
     and Related Agencies of the Committee on Appropriations of 
     the Senate.

                TITLE V--DIGITAL AND WIRELESS TECHNOLOGY

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Minority Serving 
     Institution Digital and Wireless Technology Opportunity Act 
     of 2006''.

     SEC. 502. ESTABLISHMENT OF PROGRAM.

       Section 5 of the Stevenson-Wydler Technology Innovation Act 
     of 1980 (15 U.S.C. 3704) is amended by inserting the 
     following after subsection (f):
       ``(g) Minority Serving Institution Digital and Wireless 
     Technology Opportunity Program.--
       ``(1) In general.--The Secretary, acting through the Under 
     Secretary, shall establish a Minority Serving Institution 
     Digital and Wireless Technology Opportunity Program to assist 
     eligible institutions in acquiring, and augmenting their use 
     of, digital and wireless networking technologies to improve 
     the quality and delivery of educational services at eligible 
     institutions.
       ``(2) Authorized activities.--An eligible institution may 
     use a grant, cooperative agreement, or contract awarded under 
     this subsection--
       ``(A) to acquire equipment, instrumentation, networking 
     capability, hardware and software, digital network 
     technology, wireless technology, and infrastructure to 
     further the objective of the Program described in paragraph 
     (1);

[[Page 22242]]

       ``(B) to develop and provide training, education, and 
     professional development programs, including faculty 
     development, to increase the use of, and usefulness of, 
     digital and wireless networking technology;
       ``(C) to provide teacher education, including the provision 
     of preservice teacher training and in-service professional 
     development at eligible institutions, library and media 
     specialist training, and preschool and teacher aid 
     certification to individuals who seek to acquire or enhance 
     technology skills in order to use digital and wireless 
     networking technology in the classroom or instructional 
     process, including instruction in science, mathematics, 
     engineering, and technology subjects; and
       ``(D) to foster the use of digital and wireless networking 
     technology to improve research and education, including 
     scientific, mathematics, engineering, and technology 
     instruction.
       ``(3) Application and review procedures.--
       ``(A) In general.--To be eligible to receive a grant, 
     cooperative agreement, or contract under this subsection, an 
     eligible institution shall submit an application to the Under 
     Secretary at such time, in such manner, and containing such 
     information as the Under Secretary may require. Such 
     application, at a minimum, shall include a description of how 
     the funds will be used, including a description of any 
     digital and wireless networking technology to be acquired, 
     and a description of how the institution will ensure that 
     digital and wireless networking will be made accessible to, 
     and employed by, students, faculty, and administrators. The 
     Under Secretary, consistent with subparagraph (B), shall 
     establish procedures to review such applications. The Under 
     Secretary shall publish the application requirements and 
     review criteria in the Federal Register, along with a 
     statement describing the availability of funds.
       ``(B) Review panels.--Each application submitted under this 
     subsection by an eligible institution shall be reviewed by a 
     panel of individuals selected by the Under Secretary to judge 
     the quality and merit of the proposal, including the extent 
     to which the eligible institution can effectively and 
     successfully utilize the proposed grant, cooperative 
     agreement, or contract to carry out the program described in 
     paragraph (1). The Under Secretary shall ensure that the 
     review panels include representatives of minority serving 
     institutions and others who are knowledgeable about eligible 
     institutions and digital and wireless networking technology. 
     The Under Secretary shall ensure that no individual assigned 
     under this subsection to review any application has a 
     conflict of interest with regard to that application. The 
     Under Secretary shall take into consideration the 
     recommendations of the review panel in determining whether to 
     award a grant, cooperative agreement, or contract to an 
     eligible institution.
       ``(C) Matching requirement.--The Under Secretary may not 
     award a grant, cooperative agreement, or contract to an 
     eligible institution under this subsection unless such 
     institution agrees that, with respect to the costs incurred 
     by the institution in carrying out the program for which the 
     grant, cooperative agreement, or contract was awarded, such 
     institution shall make available, directly, or through 
     donations from public or private entities, non-Federal 
     contributions in an amount equal to one-quarter of the grant, 
     cooperative agreement, or contract awarded by the Under 
     Secretary, or $500,000, whichever is the lesser amount. The 
     Under Secretary shall waive the matching requirement for any 
     institution or consortium with no endowment, or an endowment 
     that has a current dollar value lower than $50,000,000.
       ``(D) Awards.--
       ``(i) Limitation.--An eligible institution that receives a 
     grant, cooperative agreement, or contract under this 
     subsection that exceeds $2,500,000 shall not be eligible to 
     receive another grant, cooperative agreement, or contract.
       ``(ii) Consortia.--Grants, cooperative agreements, and 
     contracts may only be awarded to eligible institutions. 
     Eligible institutions may seek funding under this subsection 
     for consortia which may include other eligible institutions, 
     a State or a State educational agency, local educational 
     agencies, institutions of higher education, community-based 
     organizations, national nonprofit organizations, or 
     businesses, including minority businesses.
       ``(iii) Planning grants.--The Under Secretary may provide 
     funds to develop strategic plans to implement such grants, 
     cooperative agreements, or contracts.
       ``(iv) Institutional diversity.--In awarding grants, 
     cooperative agreements, and contracts to eligible 
     institutions, the Under Secretary shall ensure, to the extent 
     practicable, that awards are made to all types of 
     institutions eligible for assistance under this subsection.
       ``(v) Need.--In awarding funds under this subsection, the 
     Under Secretary shall give priority to the institution with 
     the greatest demonstrated need for assistance.
       ``(E) Annual report and evaluation.--
       ``(i) Annual report required from recipients.--Each 
     institution that receives a grant, cooperative agreement, or 
     contract awarded under this subsection shall provide an 
     annual report to the Under Secretary on its use of the grant, 
     cooperative agreement, or contract.
       ``(ii) Independent assessment.--Not later than 6 months 
     after the date of enactment of this subsection, the Under 
     Secretary shall enter into a contract with the National 
     Academy of Public Administration to conduct periodic 
     assessments of the program. The Assessments shall be 
     conducted once every 3 years during the 10-year period 
     following the enactment of this subsection. The assessments 
     shall include an evaluation of the effectiveness of the 
     program in improving the education and training of students, 
     faculty and staff at eligible institutions that have been 
     awarded grants, cooperative agreements, or contracts under 
     the program; an evaluation of the effectiveness of the 
     program in improving access to, and familiarity with, digital 
     and wireless networking technology for students, faculty, and 
     staff at all eligible institutions; an evaluation of the 
     procedures established under subparagraph (A); and 
     recommendations for improving the program, including 
     recommendations concerning the continuing need for Federal 
     support. In carrying out its assessments, the National 
     Academy of Public Administration shall review the reports 
     submitted to the Under Secretary under clause (i).
       ``(iii) Report to congress.--Upon completion of each 
     independent assessment carried out under clause (ii), the 
     Under Secretary shall transmit the assessment to Congress 
     along with a summary of the Under Secretary's plans, if any, 
     to implement the recommendations of the National Academy of 
     Public Administration.
       ``(F) Definitions.--In this subsection:
       ``(i) Digital and wireless networking technology.--The term 
     `digital and wireless networking technology' means computer 
     and communications equipment and software that facilitates 
     the transmission of information in a digital format.
       ``(ii) Eligible institution.--The term `eligible 
     institution' means an institution that is--

       ``(I) a historically Black college or university that is a 
     part B institution, as defined in section 322(2) of the 
     Higher Education Act of 1965 (20 U.S.C. 1061(2)), or an 
     institution described in section 326(e)(1) of that Act (20 
     U.S.C. 1063b(e)(1));
       ``(II) a Hispanic-serving institution, as defined in 
     section 502(a)(5) of the Higher Education Act of 1965 (20 
     U.S.C. 1101a(a)(5));
       ``(III) a tribally controlled college or university, as 
     defined in section 316(b)(3) of the Higher Education Act of 
     1965 (20 U.S.C. 1059c(b)(3));
       ``(IV) an Alaska Native-serving institution under section 
     317(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059d(b)); or
       ``(V) a Native Hawaiian-serving institution under section 
     317(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059d(b)).

       ``(iii) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(iv) Local educational agency.--The term `local 
     educational agency' has the meaning given the term in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801).
       ``(v) Minority business.--The term `minority business' 
     includes HUBZone small business concerns (as defined in 
     section 3(p) of the Small Business Act (15 U.S.C. 632(p)).
       ``(vi) Minority individual.--The term `minority individual' 
     means an American Indian, Alaskan Native, Black (not of 
     Hispanic origin), Hispanic (including persons of Mexican, 
     Puerto Rican, Cuban and Central or South American origin), or 
     Pacific Islander individual.
       ``(vii) State.--The term `State' has the meaning given the 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       ``(viii) State educational agency.--The term `State 
     educational agency' has the meaning given the term in section 
     9101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 7801).''.

     SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Technology 
     Administration of the Department of Commerce to carry out 
     section 5(g) of the Stevenson-Wydler Technology Innovation 
     Act of 1980 such sums as may be necessary for each of the 
     fiscal years 2007 through 2010.
       This Act may be cited as the ``Military Construction and 
     Veterans Affairs and Related Agencies Appropriations Act, 
     2007''.
       Amend the title so as to read: ``An Act making 
     appropriations for Military Construction and Veterans 
     Affairs, and Related Agencies for the fiscal year ending 
     September 30, 2007, and for other purposes.''.

                          ____________________




     ROBERT SILVEY DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT CLINIC

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 4073 introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 4073) to designate the outpatient clinic of the 
     Department of Veterans Affairs located in Farmington, 
     Missouri, as the ``Robert Silvey Department of Veterans 
     Affairs Outpatient Clinic.''

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. Mr. President, I ask unanimous consent the bill be read 
the third time and passed, the motion to reconsider be laid upon the 
table, and any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 4073) was ordered to be engrossed for a third reading, 
was read the third time and passed, as follows:

[[Page 22243]]



                                S. 4073

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ROBERT SILVEY DEPARTMENT OF VETERANS AFFAIRS 
                   OUTPATIENT CLINIC.

       (a) Designation.--The outpatient clinic of the Department 
     of Veterans Affairs located in Farmington, Missouri, shall be 
     known and designated as the ``Robert Silvey Department of 
     Veterans Affairs Outpatient Clinic''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``Robert Silvey Department of Veterans 
     Affairs Outpatient Clinic''.

                          ____________________




   AUTHORIZING THE MAJORITY LEADER AND ONE STAFF MEMBER TO TRAVEL TO 
 MEXICO FOR THE INAUGURATION OF THE NEW PRESIDENT OF MEXICO SCHEDULED 
                          FOR DECEMBER 2, 2006

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of S. Res. 616, which was submitted 
earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 616) authorizing the Majority Leader 
     and one staff member to travel to Mexico for the inauguration 
     of the new President of Mexico scheduled for December 2, 
     2006.

  Mr. FRIST. Mr. President, I ask unanimous consent that the resolution 
be agreed to and the motion to reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 616) was agreed to, as follows:

                              S. Res. 616

       Resolved, That the Majority Leader and one staff member are 
     authorized to travel to Mexico for the inauguration of the 
     new President of Mexico scheduled for December 2, 2006.

                          ____________________




   PAINT BANK AND WYTHEVILLE NATIONAL FISH HATCHERIES CONVEYANCE ACT

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 621, H.R. 5061.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 5061) to direct the Secretary of the Interior 
     to convey Paint Bank National Fish Hatchery and Wytheville 
     National Fish Hatchery to the State of Virginia.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. Mr. President, I ask unanimous consent the bill be read 
the third time and passed, the motion to reconsider be laid upon the 
table, and any statements relating to the bill appear at this point in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 5061) was ordered to a third reading, was read the 
third time, and passed.

                          ____________________




   AMENDING THE FEDERAL WATER POLLUTION CONTROL ACT TO REAUTHORIZE A 
            PROGRAM RELATING TO THE LAKE PONTCHARTRAIN BASIN

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 663, H.R. 6121.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 6121) to amend the Federal Water Pollution 
     Control Act to reauthorize a program relating to the Lake 
     Pontchartrain Basin, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. I ask unanimous consent that the bill be read the third 
time and passed, the motion to reconsider be laid upon the table, and 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 6121) was ordered to a third reading, was read the 
third time, and passed.

                          ____________________




PROVIDING FOR THE CONVEYANCE OF CERTAIN NATIONAL FOREST SYSTEM LAND TO 
                THE TOWNS OF LAONA AND WABENO, WISCONSIN

  Mr. FRIST. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of H.R. 4559 just received from the 
House and at the desk.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 4559) to provide for the conveyance of certain 
     National Forest System land to the towns of Laona and Wabeno, 
     Wisconsin, and for other purposes.

  The PRESIDING OFFICER. There being no objection, the Senate proceeded 
to consider the bill.
  Mr. FRIST. I ask unanimous consent that the bill be read the third 
time and passed, a motion to reconsider be laid upon the table, and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 4559) was ordered to a third reading, was read the 
third time, and passed.

                          ____________________




  PROVIDING FOR THE CONVEYANCE OF THE FORMER KONNAROCK LUTHERAN GIRLS 
                    SCHOOL IN SMYTH COUNTY, VIRGINIA

  Mr. FRIST. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of H.R. 5103, which was received from 
the House.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 5103) to provide for the conveyance of the 
     former Konnarock Lutheran Girls School in Smyth County, 
     Virginia, which is currently owned by the United States and 
     administered by the Forest Service, to facilitate the 
     restoration and reuse of the property, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. I ask unanimous consent the bill be read a third time and 
passed, the motion to reconsider be laid upon the table, and any 
statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 5103) was ordered to a third reading, was read the 
third time, and passed.

                          ____________________




        OUACHITA NATIONAL FOREST BOUNDARY ADJUSTMENT ACT OF 2006

  Mr. FRIST. I ask unanimous consent the Senate now proceed to H.R. 
5690 just received from the House and at the desk.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 5690) to adjust the boundaries of the Ouachita 
     National Forest in the States of Oklahoma and Arkansas.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. I ask unanimous consent the bill be read a third time and 
passed, the motion to reconsider be laid on the table, and any 
statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 5690) was ordered to a third reading, was read the 
third time, and passed.

                          ____________________




AUTHORIZING THE PRINTING AS A HOUSE DOCUMENT OF ``A HISTORY, COMMITTEE 
 ON THE JUDICIARY, UNITED STATES HOUSE OF REPRESENTATIVES, 1813-2006''

  Mr. FRIST. I ask unanimous consent the Senate proceed to the 
immediate consideration of H. Con. Res. 423, which was received from 
the House.
  The PRESIDING OFFICER. The clerk will report the concurrent 
resolution by title.
  The legislative clerk read as follows:


[[Page 22244]]

       A concurrent resolution (H. Con. Res. 423) authorizing the 
     printing as a House document of ``A History, Committee on the 
     Judiciary, United States House of Representatives, 1813-
     2006''.

  There being no objection, the Senate proceeded to consider the 
concurrent resolution.
  Mr. FRIST. I ask unanimous consent the resolution be agreed to, the 
motion to reconsider be laid upon the table, and any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (H. Con. Res. 423) was agreed to.

                          ____________________




 NAMING THE ARMED FORCES READINESS CENTER IN GREAT FALLS, MONTANA, IN 
 HONOR OF CAPTAIN WILLIAM WYLIE GALT, A RECIPIENT OF THE CONGRESSIONAL 
                             MEDAL OF HONOR

  Mr. FRIST. I ask unanimous consent the Committee on Armed Services be 
discharged from further consideration of S. 3759, and the Senate 
proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3759) to name the Armed Forces Readiness Center 
     in Great Falls, Montana, in honor of Captain William Wylie 
     Galt, a recipient of the Congressional Medal of Honor.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. I ask unanimous consent the bill be read a third time and 
passed, the motion to reconsider be laid on the table, and any 
statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3759) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:
  (The bill will be printed in a future edition of the Record.)

                          ____________________




                 ENDORSING FURTHER ENLARGEMENT OF NATO

  Mr. FRIST. I ask unanimous consent that the Committee on Foreign 
Relations be discharged from further consideration of S. 4014 and the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 4014) to endorse further enlargement of the 
     North Atlantic Treaty Organization.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. I ask unanimous consent that the bill be read a third time 
and passed, the motion to reconsider be laid on the table, and any 
statements related to the measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 4014) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 4014

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``NATO Freedom Consolidation 
     Act of 2006''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The sustained commitment of the North Atlantic Treaty 
     Organization (NATO) to mutual defense has made possible the 
     democratic transformation of Central and Eastern Europe. 
     Members of the North Atlantic Treaty Organization can and 
     should play a critical role in addressing the security 
     challenges of the post-Cold War era in creating the stable 
     environment needed for those emerging democracies in Europe.
       (2) Lasting stability and security in Europe requires the 
     military, economic, and political integration of emerging 
     democracies into existing European structures.
       (3) In an era of threats from terrorism and the 
     proliferation of weapons of mass destruction, the North 
     Atlantic Treaty Organization is increasingly contributing to 
     security in the face of global security challenges for the 
     protection and interests of its member states.
       (4) In the NATO Participation Act of 1994 (title II of 
     Public Law 103-447; 22 U.S.C. 1928 note), Congress declared 
     that ``full and active participants in the Partnership for 
     Peace in a position to further the principles of the North 
     Atlantic Treaty and to contribute to the security of the 
     North Atlantic area should be invited to become full NATO 
     members in accordance with Article 10 of such Treaty at an 
     early date ...''.
       (5) In the NATO Enlargement Facilitation Act of 1996 (title 
     VI of section 101(c) of title I of division A of Public Law 
     104-208; 22 U.S.C. 1928 note), Congress called for the prompt 
     admission of Poland, Hungary, the Czech Republic, and 
     Slovenia to the North Atlantic Treaty Organization, and 
     declared that ``in order to promote economic stability and 
     security in Slovakia, Estonia, Latvia, Lithuania, Romania, 
     Bulgaria, Albania, Moldova, and Ukraine ... the process of 
     enlarging NATO to include emerging democracies in Central and 
     Eastern Europe should not be limited to consideration of 
     admitting Poland, Hungary, the Czech Republic, and Slovenia 
     as full members of the NATO Alliance''.
       (6) In the European Security Act of 1998 (title XXVII of 
     division G of Public Law 105-277; 22 U.S.C. 1928 note), 
     Congress declared that ``Poland, Hungary, and the Czech 
     Republic should not be the last emerging democracies in 
     Central and Eastern Europe invited to join NATO'' and that 
     ``Romania, Estonia, Latvia, Lithuania, and Bulgaria ... would 
     make an outstanding contribution to furthering the goals of 
     NATO and enhancing stability, freedom, and peace in Europe 
     should they become NATO members [and] upon complete 
     satisfaction of all relevant criteria should be invited to 
     become full NATO members at the earliest possible date''.
       (7) In the Gerald B. H. Solomon Freedom Consolidation Act 
     of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), Congress 
     endorsed 
     ``... the vision of further enlargement of the NATO Alliance 
     articulated by President George W. Bush on June 15, 2001, and 
     by former President William J. Clinton on October 22, 1996''.
       (8) At the Madrid Summit of the North Atlantic Treaty 
     Organization in July 1997, Poland, Hungary, and the Czech 
     Republic were invited to join the Alliance, and the North 
     Atlantic Treaty Organization heads of state and government 
     issued a declaration stating ``[t]he alliance expects to 
     extend further invitations in coming years to nations willing 
     and able to assume the responsibilities and obligations of 
     membership ... [n]o European democratic country whose 
     admission would fulfill the objectives of the [North 
     Atlantic] Treaty will be excluded from consideration''.
       (9) At the Washington Summit of the North Atlantic Treaty 
     Organization in April 1999, the North Atlantic Treaty 
     Organization heads of state and government issued a 
     communique declaring ``[w]e pledge that NATO will continue to 
     welcome new members in a position to further the principles 
     of the [North Atlantic] Treaty and contribute to peace and 
     security in the Euro-Atlantic area ... [t]he three new 
     members will not be the last ... [n]o European democratic 
     country whose admission would fulfill the objectives of the 
     Treaty will be excluded from consideration, regardless of its 
     geographic location ...''.
       (10) In May 2000 in Vilnius, Lithuania, the foreign 
     ministers of Albania, Bulgaria, Estonia, Latvia, Lithuania, 
     the Republic of Macedonia, Romania, Slovakia, and Slovenia 
     issued a statement (later joined by Croatia) declaring that--
       (A) their countries will cooperate in jointly seeking 
     membership in the North Atlantic Treaty Organization in the 
     next round of enlargement of the North Atlantic Treaty 
     Organization;
       (B) the realization of membership in the North Atlantic 
     Treaty Organization by one or more of these countries would 
     be a success for all; and
       (C) eventual membership in the North Atlantic Treaty 
     Organization for all of these countries would be a success 
     for Europe and for the North Atlantic Treaty Organization.
       (11) On June 15, 2001, in a speech in Warsaw, Poland, 
     President George W. Bush stated ``[a]ll of Europe's new 
     democracies, from the Baltic to the Black Sea and all that 
     lie between, should have the same chance for security and 
     freedom--and the same chance to join the institutions of 
     Europe--as Europe's old democracies have ... I believe in 
     NATO membership for all of Europe's democracies that seek it 
     and are ready to share the responsibilities that NATO brings 
     ... [a]s we plan to enlarge NATO, no nation should be used as 
     a pawn in the agenda of others ... [w]e will not trade away 
     the fate of free European peoples ... [n]o more Munichs ... 
     [n]o more Yaltas ... [a]s we plan the Prague Summit, we 
     should not calculate how little we can get away with, but how 
     much we can do to advance the cause of freedom''.
       (12) On October 22, 1996, in a speech in Detroit, Michigan, 
     former President William J. Clinton stated ``NATO's doors 
     will not close behind its first new members ... NATO should 
     remain open to all of Europe's emerging democracies who are 
     ready to shoulder the responsibilities of membership ... [n]o 
     nation will be automatically excluded ... [n]o country 
     outside NATO will have a veto ... [a] gray zone of insecurity 
     must not reemerge in Europe''.
       (13) At the Prague Summit of the North Atlantic Treaty 
     Organization in November

[[Page 22245]]

     2002, Bulgaria, Estonia, Latvia, Lithuania, Romania, 
     Slovakia, and Slovenia were invited to join the Alliance in 
     the second round of enlargement of the North Atlantic Treaty 
     Organization since the end of the Cold War, and the North 
     Atlantic Treaty Organization heads of state and government 
     issued a declaration stating ``NATO's door will remain open 
     to European democracies willing and able to assume the 
     responsibilities and obligations of membership, in accordance 
     with Article 10 of the Washington Treaty''.
       (14) On May 8, 2003, the United States Senate unanimously 
     approved the Resolution of Ratification to Accompany Treaty 
     Document No. 108-4, Protocols to the North Atlantic Treaty of 
     1949 on Accession of Bulgaria, Estonia, Latvia, Lithuania, 
     Romania, Slovakia, and Slovenia, inviting Bulgaria, Estonia, 
     Latvia, Lithuania, Romania, Slovakia, and Slovenia to join 
     the North Atlantic Treaty Organization.
       (15) At the Istanbul Summit of the North Atlantic Treaty 
     Organization in June 2004, the North Atlantic Treaty 
     Organization heads of state and government issued a 
     communique reaffirming that NATO's door remains open to new 
     members, declaring ``[w]e celebrate the success of NATO's 
     Open Door Policy, and reaffirm tody that our seven new 
     members will not be the last. The door to membership remains 
     open. We welcome the progress made by Albania, Croatia, and 
     the former Yugoslav Republic of Macedonia (1) in implementing 
     their Annual National Programmes under the Membership Action 
     Plan, and encourage them to continue pursuing the reforms 
     necessary to progress toward NATO membership. We also commend 
     their contribution to regional stability and cooperation. We 
     want all three countries to succeed and will continue to 
     assist them in their reform efforts. NATO will continue to 
     assess each country's candidacy individually, based on the 
     progress made towards reform goals pursued through the 
     Membership Action Plan, which will remain the vehicle to keep 
     the readiness of each aspirant for membership under review. 
     We direct that NATO Foreign Ministers keep the enlargement 
     process, including the implementation of the Membership 
     Action Plan, under continual review and report to us. We will 
     review at the next Summit progress by aspirants towards 
     membership based on that report''.
       (16) Georgia has stated its desire to join the Euro-
     Atlantic community, and in particular, is seeking to join 
     North Atlantic Treaty Organization. Georgia is working 
     closely with the North Atlantic Treaty Organization and its 
     members to meet criteria for eventual membership in NATO.
       (17) At a press conference with President Mikhail 
     Saakashvili of Georgia in Washington, D.C. on July 5, 2006, 
     President George W. Bush stated that ``... I believe that 
     NATO would benefit with Georgia being a member of NATO, and I 
     think Georgia would benefit. And there's a way forward 
     through the Membership Action Plan ... And I'm a believer in 
     the expansion of NATO. I think it's in the world's interest 
     that we expand NATO''.
       (18) Following a meeting of NATO Foreign Ministers in New 
     York on September 21, 2006, NATO Secretary General Jaap de 
     Hoop Scheffer announced the launching of an Intensified 
     Dialogue on membership between the Alliance and Georgia.
       (19) Contingent upon their continued implementation of 
     democratic, defense, and economic reform, and their 
     willingness and ability to meet the responsibilities of 
     membership in the North Atlantic Treaty Organization, 
     Congress calls for the timely admission of Albania, Croatia, 
     Georgia, and Macedonia to the North Atlantic Treaty 
     Organization to promote security and stability in Europe.
       (20) The North Atlantic Treaty Organization heads of state 
     and government will hold a North Atlantic Treaty Organization 
     Summit in Riga, Latvia, in November 2006.

     SEC. 3. DECLARATIONS OF POLICY.

       Congress--
       (1) reaffirms its previous expressions of support for 
     continued enlargement of the North Atlantic Treaty 
     Organization contained in the NATO Participation Act of 1994, 
     the NATO Enlargement Facilitation Act of 1996, the European 
     Security Act of 1998, and the Gerald B. H. Solomon Freedom 
     Consolidation Act of 2002;
       (2) supports the commitment to further enlargement of the 
     North Atlantic Treaty Organization to include European 
     democracies that are able and willing to meet the 
     responsibilities of Membership, as expressed by the Alliance 
     in its Madrid Summit Declaration of 1997, its Washington 
     Summit Communique of 1999, its Prague Summit Declaration of 
     2002, and its Istanbul Summit Communique of 2004; and
       (3) endorses the vision of further enlargement of the North 
     Atlantic Treaty Organization articulated by President George 
     W. Bush on June 15, 2001, and by former President William J. 
     Clinton on October 22, 1996, and urges our allies in the 
     North Atlantic Treaty Organization to work with the United 
     States to realize a role for the North Atlantic Treaty 
     Organization in promoting global security, including 
     continued support for enlargement to include qualified 
     candidate states, specifically by entering into a Membership 
     Action Plan with Georgia and recognizing the progress toward 
     meeting the responsibilities and obligations of NATO 
     membership by Albania, Croatia, Georgia, and Macedonia at the 
     NATO Summit in Riga, Latvia.

     SEC. 4. DESIGNATION OF ALBANIA, CROATIA, GEORGIA, AND 
                   MACEDONIA AS ELIGIBLE TO RECEIVE ASSISTANCE 
                   UNDER THE NATO PARTICIPATION ACT OF 1994.

       (a) Designation.--
       (1) Albania.--The Republic of Albania is designated as 
     eligible to receive assistance under the program established 
     under section 203(a) of the NATO Participation Act of 1994 
     (title II of Public Law 103-447; 22 U.S.C. 1928 note), and 
     shall be deemed to have been so designated pursuant to 
     section 203(d)(1) of such Act.
       (2) Croatia.--The Republic of Croatia is designated as 
     eligible to receive assistance under the program established 
     under section 203(a) of the NATO Participation Act of 1994, 
     and shall be deemed to have been so designated pursuant to 
     section 203(d)(1) of such Act.
       (3) Georgia.--Georgia is designated as eligible to receive 
     assistance under the program established under section 203(a) 
     of the NATO Participation Act of 1994, and shall be deemed to 
     have been so designated pursuant to section 203(d)(1) of such 
     Act.
       (4) Macedonia.--The Republic of Macedonia is designated as 
     eligible to receive assistance under the program established 
     under section 203(a) of the NATO Participation Act of 1994, 
     and shall be deemed to have been so designated pursuant to 
     section 203(d)(1) of such Act.
       (b) Rule of Construction.--The designation of the Republic 
     of Albania, the Republic of Croatia, Georgia, and the 
     Republic of Macedonia pursuant to subsection (a) as eligible 
     to receive assistance under the program established under 
     section 203(a) of the NATO Participation Act of 1994--
       (1) is in addition to the designation of Poland, Hungary, 
     the Czech Republic, and Slovenia pursuant to section 606 of 
     the NATO Enlargement Facilitation Act of 1996 (title VI of 
     section 101(c) of title I of division A of Public Law 104-
     208; 22 U.S.C. 1928 note), the designation of Romania, 
     Estonia, Latvia, Lithuania, and Bulgaria pursuant to section 
     2703(b) of the European Security Act of 1998 (title XXVII of 
     division G of Public Law 105-277; 22 U.S.C. 1928 note), and 
     the designation of Slovakia pursuant to section 4(a) of the 
     Gerald B. H. Solomon Freedom Consolidation Act of 2002 
     (Public Law 107-187; 22 U.S.C. 1928 note) as eligible to 
     receive assistance under the program established under 
     section 203(a) of the NATO Participation Act of 1994; and
       (2) shall not preclude the designation by the President of 
     other countries pursuant to section 203(d)(2) of the NATO 
     Participation Act of 1994 as eligible to receive assistance 
     under the program established under section 203(a) of such 
     Act.

     SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES 
                   DESIGNATED UNDER THE NATO PARTICIPATION ACT OF 
                   1994.

       Of the amounts made available for fiscal year 2007 under 
     section 23 of the Arms Export Control Act (22 U.S.C. 2763)--
       (1) $3,200,000 is authorized to be available on a grant 
     basis for the Republic of Albania;
       (2) $3,000,000 is authorized to be available on a grant 
     basis for the Republic of Croatia;
       (3) $10,000,000 is authorized to be available on a grant 
     basis for Georgia; and
       (4) $3,600,000 is authorized to be available on a grant 
     basis for the Republic of Macedonia.

     SEC. 6. SENSE OF CONGRESS.

       Congress affirms that it stands ready to consider, and if 
     all applicable criteria are satisfied, to support efforts by 
     Ukraine to join the North Atlantic Treaty Organization, 
     should Ukraine decide that is wishes to pursue membership in 
     the Alliance.

                          ____________________




                FAMILY ABDUCTION PREVENTION ACT OF 2005

  Mr. FRIST. I ask unanimous consent the Judiciary Committee be 
discharged from further consideration of S. 994 and the Senate proceed 
to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 994) to authorize the Attorney General to make 
     grants to improve the ability of State and local governments 
     to prevent the abduction of children by family members, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mrs. FEINSTEIN. Mr. President, on October 26, 2006, the Esperanza 
fire engulfed five firefighters dispatched to battle an uncontrollable 
blaze. All five firefighters died as a result.
  Before it was extinguished, the fire consumed more than 40,000 acres 
of the southern California foothills and destroyed more than 30 homes. 
But while

[[Page 22246]]

the forests will eventually return and the homes will be rebuilt, we 
can never reclaim the lives of our fallen firefighters.
  Today I am cosponsoring a resolution with Senator Boxer to honor the 
firefighters and other public servants who bravely responded to the 
Esperanza fire.
  On November 5, 2006, I delivered a eulogy at the Memorial Service in 
San Bernardino, CA, held in honor of the five firefighters who lost 
their lives in the fire. I believe it is appropriate at this time to 
enter these remarks into the Congressional Record:

       I'm here to express gratitude to the five brave 
     firefighters who lost their lives in the battle against the 
     Esperanza fire.
       They gave the ultimate sacrifice. Their heroism will not be 
     forgotten and so do their families' sacrifice as well.
       My heart goes out to you, mothers and fathers, sisters and 
     brothers, sons and daughters of the five firefighters who 
     perished from Engine Crew 57: Captain Mark Loutzenhiser, Jess 
     McLean, Jason McKay, Daniel Hoover-Najera, and Pablo Cerda.
       These five men were on the front lines, protecting 
     thousands of lives and tens of thousands of acres, when they 
     were overwhelmed by the fire's flames.
       They are truly heroes.
       Mark Loutzenhiser, Engine Captain, was 43 years old. He had 
     21 years of service as a firefighter. Mark was loved and 
     respected by so many in the Idyllwild community.
       To Maria, I know little can be said that mutes grief and 
     overwhelming loss with one exception--five beautiful 
     children--Mark and Maria's enduring legacy.
       To your five children, Jacob, Teesha, Savannah, and the 
     twins Kyle and Seth, I say this: Your dad was a true hero. He 
     was a coach, a mentor, a friend. He is great in all our eyes.
       And to Mark's parents, Russ and Polly: You can be so proud 
     of his contributions. He made a difference. He leaves a 
     legacy: a grateful community--a wife--five children.
       Jess McLean, Fire Engine Operator, was 27 years old. He had 
     seven years of experience.
       To his mother, Cecilia: Jess was a thoughtful young man, a 
     model son. I am so sorry for your loss.
       Jess's wife, Karen: You were married just three years ago. 
     But those three years are packed with memories, dreams shared 
     and you will find new strength because of these years.
       Jason McKay, Assistant Fire Engine Operator, 27 years old. 
     He had five years of Forest Service experience.
       To Bonnie McKay, Jason's mother, you know that Jason lived 
     out his boyhood dream of becoming a fireman.
       To his fiancee, Staci Burger, you know Jason as a brave and 
     decent man. Carry that with you, always.
       Daniel Hoover-Najera, Firefighter, 20 years old and in his 
     second season of firefighting. As a young man, he was 
     determined to one day grow up and become a firefighter.
       To his mother Gloria Ayala, his stepfather Efren Ayala, his 
     father and stepmother, Tim and Lisa Hoover, his brother 
     Michael, his sister Monica, and his grandfather Patrick 
     Najera, who helped raise him: I say this: Daniel will be 
     missed by all those who knew him. He was a passionate young 
     man, full of many talents, hopes and dreams. He was taken too 
     young. But he leaves a strong heritage--hold onto it.
       Pablo Cerda, 23 years old when he lost his life in his 
     second season with the Forest Service.
       To his father, Pablo, your son graduated from Riverside 
     Community College's fire academy only last May. He paid his 
     own way. His services, his terrible burns will not be 
     forgotten by any of us.
       And to his older sister, Claudia, your brother Pablo will 
     be remembered for his strength and dedication. Be proud of 
     him always.
       The deaths of these five members of the Engine 57 crew 
     represent a tremendous loss for this community, our State, 
     and the nation.
       As we move forward from this painful tragedy, we must work 
     to protect ourselves from another fire like.
       Just a few miles from here, in the mountains of the San 
     Bernardino National Forest, are over a half million acres of 
     bark beetle infested forest. Nestled among these trees are 
     the homes of roughly 150,000 people.
       The five firefighters who lost their lives and the more 
     than 2,500 firefighters who fought this fire had to prevent 
     the flames from reaching the bark beetle infested areas, 
     which would have likely caused a catastrophic fire taking 
     with it, whole communities and thousands of homes.
       Governor Schwarzenegger, Representatives Lewis, Bono, Baca 
     and I have fought for increased funding to protect our 
     communities from hazardous fuels.
       We must recommit ourselves to this effort and remove these 
     dead and dying trees and non-native brush that present such a 
     great fire hazard.
       And our firefighters must have the tools and training to do 
     their jobs.
       To the 34 families who lost your homes. I say this: We will 
     help in any way we can. Our heartfelt feelings are extended 
     to you.
       To the firefighters here today, we owe you no less. Know 
     that we value your service and commitment to fire prone 
     communities up and down the state.
       Finally, in closing--to the families of these five brave 
     firefighters, I offer my sincerest and deepest condolences. 
     My heart is truly with you.
  Mr. FRIST. I ask unanimous consent a Feinstein amendment, which is at 
the desk, be agreed to, the bill, as amended, be read a third time and 
passed, the motions to reconsider be laid upon the table with no 
intervening action or debate, and any statements be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5192) was agreed to, as follows:


                           amendment no. 5192

       On page 1, line 5, strike ``Act of 2005'' and insert ``Act 
     of 2006''.
       On page 6, line 1, strike ``fiscal year 2006'' and all that 
     follows through line 2 and insert the following: ``fiscal 
     year 2008, and such sums as may be necessary for each of 
     fiscal years 2009 and 2010.''.
  The bill (S. 994), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:
  (The bill will be printed in a future edition of the Record.)

                          ____________________




                          MEASURES DISCHARGED

  Mr. FRIST. Mr. President, I ask unanimous consent that appropriate 
committees be discharged from and the Senate now proceed to the en bloc 
consideration of the following resolutions:
  S. Res. 595, S. Res. 596, S. Res. 597, S. Res. 598, S. Res. 599, S. 
Res. 600, S. Res. 601, S. Res. 602, S. Res. 603, S. Res. 604, S. Res. 
608, S. Res. 609, S. Res. 611, S. Res. 614, H. Con. Res. 384, S. Con. 
Res. 119, S. Res. 547, H. Con. Res. 175, and S. Con. Res. 101.
  I further ask that the Senate proceed to the immediate consideration 
en bloc of the following resolutions that were introduced earlier 
today: S. Res. 618, S. Res. 619, S. Res. 620, and S. Res. 621.
  There being no objection, the Senate proceeded to consider the 
resolutions en bloc.
  Mr. FRIST. Mr. President, I ask unanimous consent that the amendments 
at the desk be agreed to, the resolutions as amended, if amended, be 
agreed to, the preambles as amended, if amended, be agreed to, and the 
motions to reconsider be laid on the table, all en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                 LAWRENCE BERKELEY NATIONAL LABORATORY

  The resolution (S. Res. 595) recognizing the Lawrence Berkeley 
National Laboratory as one of the premier science and research 
institutions of the world was considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 595), with its preamble, reads as follows:

                              S. Res. 595

       Whereas the Lawrence Berkeley National Laboratory was 
     founded on August 26, 1931, by Ernest Orlando Lawrence, 
     winner of the 1939 Nobel Prize in physics for his invention 
     of the cyclotron, a circular particle accelerator that opened 
     the door to modern high-energy physics;
       Whereas the belief of Mr. Lawrence that scientific research 
     is best done through teams of individuals with different 
     fields of expertise left a legacy that has yielded rich 
     dividends for the United States in basic knowledge and 
     applied technology;
       Whereas that distinguished legacy of accomplishment 
     includes 10 Nobel Laureates associated with the Lawrence 
     Berkeley National Laboratory, and a dozen scientists of the 
     Lawrence Berkeley National Laboratory who have won the 
     National Medal of Science;
       Whereas, in 2006, the Lawrence Berkeley National Laboratory 
     continues to be used to conduct research across a wide range 
     of scientific disciplines with key efforts in fundamental 
     studies of the universe, quantitative biology, nanoscience, 
     new energy systems, environmental solutions, and the use of 
     integrated computing as a tool for discovery;
       Whereas scientists at the Lawrence Berkeley National 
     Laboratory discovered the revolutionary new truth of the 
     accelerating expansion of the universe, are pioneering the 
     promising new scientific field of synthetic biology, and are 
     harnessing the secrets of the genome to help solve the grand 
     challenges of the world;
       Whereas, through those accomplishments and others, 
     including finding the antiproton,

[[Page 22247]]

     advancing energy efficiency and conservation technologies, 
     deciphering the photosynthetic process, pioneering the field 
     of nuclear medicine, and spearheading the development of 
     alternative energy sources, scientists of the Lawrence 
     Berkeley National Laboratory have played a critical role in 
     advancing the world leadership of the United States in 
     fundamental and applied sciences;
       Whereas the national scientific user facilities of the 
     Lawrence Berkeley National Laboratory provide the highest 
     level of scientific, engineering, and technical support to 
     thousands of scientists each year whose published works 
     continue to consistently enrich their respective research 
     fields;
       Whereas the newest user facility of the Lawrence Berkeley 
     National Laboratory, the Molecular Foundry, opened its doors 
     on March 24, 2006, to enable the design, synthesis, and 
     characterization of nanoscale materials, thereby opening the 
     door to unimagined scientific and technological advancements;
       Whereas the Advanced Light Source of the Lawrence Berkeley 
     National Laboratory is a national user facility that 
     generates intense light for scientific and technological 
     research that, among other accomplishments, has helped reveal 
     how bacteria resist antibiotics, how inexpensive and 
     efficient solar cells can be fabricated, and how unique 
     substances like quasicrystals possess properties never before 
     seen by humans;
       Whereas the National Center for Electron Microscopy of the 
     Lawrence Berkeley National Laboratory houses several of the 
     most advanced microscopes and tools for microcharacterization 
     in the world, including the One-Angstrom Microscope and the 
     Spin Polarized Low-Energy Electron Microscope, that allow 
     scientists to gain a basic scientific understanding of new 
     energy-efficient materials, as well as to analyze the 
     behavior of materials such as magnets, superconductors, 
     ceramics, and high-temperature alloys; and
       Whereas the National Energy Research Scientific Computing 
     Center of the Lawrence Berkeley National Laboratory is the 
     flagship scientific computing facility for the Office of 
     Science of the Department of Energy, and is 1 of the largest 
     facilities in the world that is devoted to providing 
     computational resources and expertise for basic scientific 
     research: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes the outstanding and unique role that the 
     Lawrence Berkeley National Laboratory has played over the 
     past 75 years in the scientific and technological advancement 
     of the United States and the international community; and
       (2) congratulates the dedicated past and present scientists 
     and researchers who have worked at the Lawrence Berkeley 
     National Laboratory to make the institution 1 of the greatest 
     research resources in the world.

                          ____________________




                 NATIONAL FIREFIGHTER APPRECIATION DAY

  The resolution (S. Res. 596) designating Tuesday, October 10, 2006, 
as ``National Firefighter Appreciation Day'' to honor and celebrate the 
firefighters of the United States was considered and agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 596

       Whereas there are more than 1,100,000 firefighters in the 
     United States;
       Whereas approximately 75 percent of all firefighters in the 
     United States are volunteers who receive little or no 
     compensation for their heroic work;
       Whereas there are more than 30,000 fire departments in the 
     United States;
       Whereas thousands of firefighters have died in the line of 
     duty since the date that Benjamin Franklin founded the first 
     volunteer fire department in 1735;
       Whereas 346 firefighters and emergency personnel died while 
     responding to the terrorist attacks that occurred on 
     September 11, 2001;
       Whereas firefighters respond to more than 20,000,000 calls 
     during a typical year;
       Whereas firefighters also provide emergency medical 
     services, hazardous materials response, special rescue 
     response, terrorism response, and life safety education;
       Whereas, in 1922, President Harding declared the week of 
     October 9 to be ``Fire Prevention Week''; and
       Whereas the second Tuesday in October is an appropriate day 
     for the establishment of a ``National Firefighter 
     Appreciation Day'': Now, therefore, be it
       Resolved, That the Senate designates Tuesday, October 10, 
     2006, as ``National Firefighter Appreciation Day'' to honor 
     and celebrate the firefighters of the United States.

                          ____________________




                      NATIONAL HISPANIC MEDIA WEEK

  The resolution (S. Res. 597) designating the period beginning on 
October 8, 2006, and ending on October 14, 2006, as ``National Hispanic 
Media Week'' in honor of the Hispanic media of the United States was 
considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 597), with its preamble, reads as follows:

                              S. Res. 597

       Whereas, for almost 470 years, the United States has 
     benefitted from the work of Hispanic writers and publishers;
       Whereas more than 600 Hispanic publishers circulate more 
     than 20,000,000 copies of publications every week in the 
     United States;
       Whereas 1 out of every 8 citizens of the United States is 
     served by a Hispanic publisher;
       Whereas the Hispanic press informs many citizens of the 
     United States about the great political, economic, and social 
     issues of the day;
       Whereas the Hispanic press of the United States 
     particularly focuses on informing and promoting the well-
     being of the Hispanic community of the United States; and
       Whereas, by commemorating the achievements of the Hispanic 
     press, the Senate acknowledges the important role that the 
     Hispanic press has played in the history of the United 
     States: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates the period beginning on October 8, 2006, and 
     ending on October 14, 2006, as ``National Hispanic Media 
     Week'', in honor of the Hispanic Media of the United States; 
     and
       (2) encourages the people of the United States to observe 
     the week with appropriate programs and activities.

                          ____________________




                     NATIONAL CHARACTER COUNTS WEEK

  A resolution (S. Res. 598) designating the week beginning October 15, 
2006, as ``National Character Counts Week'' was considered and agreed 
to.
  The preamble was agreed to.
  The resolution (S. Res. 598), with its preamble, reads as follows:

                              S. Res. 598

       Whereas the well-being of the United States requires that 
     the young people of the United States become an involved, 
     caring citizenry with good character;
       Whereas the character education of children has become more 
     urgent as violence by and against youth increasingly 
     threatens the physical and psychological well-being of the 
     people of the United States;
       Whereas more than ever, children need strong and 
     constructive guidance from their families and their 
     communities, including schools, youth organizations, 
     religious institutions, and civic groups;
       Whereas the character of a nation is only as strong as the 
     character of its individual citizens;
       Whereas the public good is advanced when young people are 
     taught the importance of good character and the positive 
     effects that good character can have in personal 
     relationships, in school, and in the workplace;
       Whereas scholars and educators agree that people do not 
     automatically develop good character and that, therefore, 
     conscientious efforts must be made by institutions and 
     individuals that influence youth to help young people develop 
     the essential traits and characteristics that comprise good 
     character;
       Whereas, although character development is, first and 
     foremost, an obligation of families, the efforts of faith 
     communities, schools, and youth, civic, and human service 
     organizations also play an important role in fostering and 
     promoting good character;
       Whereas Congress encourages students, teachers, parents, 
     youth, and community leaders to recognize the importance of 
     character education in preparing young people to play a role 
     in determining the future of the United States;
       Whereas effective character education is based on core 
     ethical values, which form the foundation of democratic 
     society;
       Whereas examples of character are trustworthiness, respect, 
     responsibility, fairness, caring, citizenship, and honesty;
       Whereas elements of character transcend cultural, 
     religious, and socioeconomic differences;
       Whereas the character and conduct of our youth reflect the 
     character and conduct of society, and, therefore, every adult 
     has the responsibility to teach and model ethical values and 
     every social institution has the responsibility to promote 
     the development of good character;
       Whereas Congress encourages individuals and organizations, 
     especially those who have an interest in the education and 
     training of the young people of the United States, to adopt 
     the elements of character as intrinsic to the well-being of 
     individuals, communities, and society;
       Whereas many schools in the United States recognize the 
     need, and have taken steps, to integrate the values of their 
     communities into their teaching activities; and
       Whereas the establishment of National Character Counts 
     Week, during which individuals, families, schools, youth 
     organizations, religious institutions, civic groups,

[[Page 22248]]

     and other organizations would focus on character education, 
     would be of great benefit to the United States: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) designates the week beginning October 15, 2006, as 
     ``National Character Counts Week''; and
       (2) calls upon the people of the United States and 
     interested groups--
       (A) to embrace the elements of character identified by 
     local schools and communities, such as trustworthiness, 
     respect, responsibility, fairness, caring, and citizenship; 
     and
       (B) to observe the week with appropriate ceremonies, 
     programs, and activities.

                          ____________________




           NATIONAL CHILDHOOD LEAD POISONING PREVENTION WEEK

  The resolution (S. Res. 599) designating the week of October 23, 
2006, through October 27, 2006, as ``National Childhood Lead Poisoning 
Prevention Week'' was considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 599), with its preamble, reads as follows:

                              S. Res. 599

       Whereas lead poisoning is a leading environmental health 
     hazard to children in the United States;
       Whereas according to the Centers for Disease Control and 
     Prevention, 310,000 preschool children in the United States 
     have harmful levels of lead in their blood;
       Whereas lead poisoning may cause serious, long-term harm to 
     children, including reduced intelligence and attention span, 
     behavior problems, learning disabilities, and impaired 
     growth;
       Whereas children from low-income families are significantly 
     more likely to be poisoned by lead than are children from 
     high-income families;
       Whereas children may be poisoned by lead in water, soil, or 
     consumable products;
       Whereas children most often are poisoned in their homes 
     through exposure to lead particles when lead-based paint 
     deteriorates or is disturbed during home renovation and 
     repainting; and
       Whereas lead poisoning crosses all barriers of race, 
     income, and geography: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates the week of October 23, 2006, through 
     October 27, 2006, as ``National Childhood Lead Poisoning 
     Prevention Week''; and
       (2) calls upon the people of the United States to observe 
     the week with appropriate programs and activities.

                          ____________________




                 NATIONAL ALTERNATIVE FUEL VEHICLE DAY

  The resolution (S. Res. 600) designating October 12, 2006, as 
``National Alternative Fuel Vehicle Day'' was considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 600), with its preamble, reads as follows:

                              S. Res. 600

       Whereas the United States should reduce the dependence of 
     the Nation on foreign oil and enhance the energy security of 
     the Nation by creating a transportation sector that is less 
     dependent on oil;
       Whereas the United States should improve the air quality of 
     the Nation by reducing emissions from the millions of motor 
     vehicles that operate in the United States;
       Whereas the United States should foster national expertise 
     and technological advancement in cleaner, more energy-
     efficient alternative fuel and advanced technology vehicles;
       Whereas a robust domestic industry for alternative fuels 
     and alternative fuel and advanced technology vehicles will 
     create jobs and increase the competitiveness of the United 
     States in the international community;
       Whereas the people of the United States need more options 
     for clean and energy-efficient transportation;
       Whereas the mainstream adoption of alternative fuel and 
     advanced technology vehicles will produce benefits at the 
     local, national, and international levels;
       Whereas consumers and businesses require a better 
     understanding of the benefits of alternative fuel and 
     advanced technology vehicles;
       Whereas first responders require proper and comprehensive 
     training to become fully prepared for any precautionary 
     measures that they may need to take during incidents and 
     extrications that involve alternative fuel and advanced 
     technology vehicles;
       Whereas the Federal Government can lead the way toward a 
     cleaner and more efficient transportation sector by choosing 
     alternative fuel and advanced technology vehicles for the 
     fleets of the Federal Government; and
       Whereas Federal support for the adoption of alternative 
     fuel and advanced technology vehicles can accelerate greater 
     energy independence for the United States, improve the 
     environmental security of the Nation, and address global 
     climate change: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates October 12, 2006, as ``National Alternative 
     Fuel Vehicle Day'';
       (2) proclaims National Alternative Fuel Vehicle Day as a 
     day to promote programs and activities that will lead to the 
     greater use of cleaner, more efficient transportation that 
     uses new sources of energy, including--
       (A) biofuels;
       (B) battery-electric and hybrid-electric power;
       (C) natural gas and propane;
       (D) hydrogen and fuel cells; and
       (E) emerging alternatives to conventional vehicle 
     technologies; and
       (3) urges Americans--
       (A) to increase the personal and commercial use of cleaner 
     and energy-efficient alternative fuel and advanced technology 
     vehicles;
       (B) to promote public sector adoption of cleaner and 
     energy-efficient alternative fuel and advanced technology 
     vehicles; and
       (C) to encourage the enactment of Federal policies to 
     reduce the dependence of the United States on foreign oil 
     through the advancement and adoption of alternative, 
     advanced, and emerging vehicle and fuel technologies.

                          ____________________




   RECOGNIZING THE EFFORTS AND CONTRIBUTIONS OF OUTSTANDING HISPANIC 
                    SCIENTISTS IN THE UNITED STATES

  The resolution (S. Res. 601) recognizing the efforts and 
contributions of outstanding Hispanic scientists in the United States 
was considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 601), with its preamble, reads as follows:

                              S. Res. 601

       Whereas the purpose of the National Hispanic Scientist of 
     the Year Award is to recognize outstanding Hispanic 
     scientists in the United States who promote a greater public 
     understanding of science and motivate Hispanic youth to 
     develop an interest in science;
       Whereas the sixth annual National Hispanic Scientist of the 
     Year Gala will be held at the Museum of Science & Industry in 
     Tampa, Florida, on Saturday, October 28, 2006;
       Whereas proceeds of the National Hispanic Scientist of the 
     Year Gala support scholarships for Hispanic boys and girls to 
     participate in the Museum of Science & Industry's Youth 
     Enriched by Science Program, known as the ``YES! Team''; and
       Whereas a need to acknowledge the work and effort of 
     outstanding Hispanic scientists in the United States has led 
     to the selection of Dr. Ines Cifuentes as the honoree of the 
     sixth annual National Hispanic Scientist of the Year Award, 
     in recognition of her dedication to training science and 
     mathematics educators, and her involvement in encouraging 
     young students to study the earth sciences: Now, therefore, 
     be it
       Resolved, That the Senate--
       (1) recognizes efforts to educate, support, and provide 
     hope for the Hispanic community, including efforts to honor 
     outstanding Hispanic scientists in the United States at the 
     annual National Hispanic Scientist of the Year Gala and to 
     organize a ``Meet the Hispanic Scientist Day''; and
       (2) congratulates Dr. Ines Cifuentes for being honored as 
     the National Hispanic Scientist of the Year for 2006 by the 
     Museum of Science & Industry, in recognition of the 
     dedication Dr. Cifuentes has shown to training science and 
     mathematics educators and her involvement in encouraging 
     young students to study the earth sciences.

                          ____________________




                     CONTRIBUTIONS OF BYRON NELSON

  The resolution (S. Res. 602) memorializing and honoring the 
contributions of Byron Nelson was considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 602), with its preamble, reads as follows:

                              S. Res. 602

       Whereas Byron Nelson was born on a cotton farm in Ellis 
     County, near Waxahachie, Texas, on February 4, 1912;
       Whereas Byron Nelson became a caddie and taught himself the 
     game of golf at Glen Garden Country Club in Fort Worth, Texas 
     in 1922;
       Whereas Byron Nelson became a professional golfer in 1932 
     and won 54 PGA-sanctioned tournaments;
       Whereas Byron Nelson is widely credited as being the father 
     of the modern swing;
       Whereas, in the 1945 professional season, Byron Nelson won 
     a 1-season record of 18 tournaments and averaged 68.33 
     strokes;
       Whereas, in the 1945 professional season, Byron Nelson won 
     a record 11 straight tournaments;
       Whereas Byron Nelson was the winner of 5 major 
     championships including the 1937 and 1945 Masters, the 1939 
     United States Open, and the 1940 and 1945 PGA Championships;
       Whereas the Salesmanship Club of Dallas created the EDS 
     Byron Nelson Championship

[[Page 22249]]

     in 1968 and remains the only PGA Tour event named in honor of 
     a professional golfer;
       Whereas the EDS Byron Nelson Championship has raised more 
     than $94,000,000 for the Salesmanship Club Youth and Family 
     Centers and has raised more money for charity than any other 
     PGA Tour event;
       Whereas Byron Nelson was elected as an inaugural inductee 
     into the World Golf Hall of Fame in 1974; and
       Whereas Byron Nelson will be remembered for his kindness 
     and dedication that have won the respect and admiration of 
     his peers, present-day players, and fans of all ages: Now, 
     therefore, be it
       Resolved, That the Senate honors the life and legacy of 
     Byron Nelson.

                          ____________________




                            FEED AMERICA DAY

  The resolution (S. Res. 603) designating Thursday, November 16, 2006, 
as ``Feed America Day'' was considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 603), with its preamble, reads as follows:

                              S. Res. 603

       Whereas Thanksgiving Day celebrates the spirit of selfless 
     giving and an appreciation for family and friends;
       Whereas the spirit of Thanksgiving Day is a virtue upon 
     which the United States was founded;
       Whereas, in 2006, great numbers of citizens of the United 
     States continue to suffer hunger and other privations; and
       Whereas selfless sacrifice breeds a genuine spirit of 
     Thanksgiving, both affirming and restoring the fundamental 
     principles of the society of the United States: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) designates Thursday, November 16, 2006, as ``Feed 
     America Day''; and
       (2) calls upon the people of the United States--
       (A) to sacrifice 2 meals on Thursday, November 16, 2006; 
     and
       (B) to donate to a religious or charitable organization of 
     their choice the money that they would have spent on food for 
     that day for the purpose of feeding the hungry.

                          ____________________




                       MR. BRITT ``MAX'' MAYFIELD

  The resolution (S. Res. 604) recognizing the work and accomplishments 
of Mr. Britt ``Max'' Mayfield, Director of National Hurricane Center's 
Tropical Prediction Center upon his retirement was considered and 
agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 604), with its preamble, reads as follows:

                              S. Res. 604

       Whereas Mr. Britt ``Max'' Mayfield is known as the ``Walter 
     Cronkite of Weather'', trustworthy, calming, and always 
     giving the facts straight;
       Whereas Mr. Mayfield is a Fellow of the American 
     Meteorological Society and a nationally and internationally 
     recognized expert on hurricanes, and has presented papers at 
     national and international scientific meetings, lectured in 
     training sessions sponsored by the United Nations World 
     Meteorological Organization, and provided numerous interviews 
     to electronic and print media worldwide;
       Whereas in 2006, Mr. Mayfield received the Government 
     Communicator of the Year Award from the National Association 
     of Government Communicators, a national not-for-profit 
     professional network of government employees who disseminate 
     information within and outside the government, as well as the 
     prestigious Neil Frank Award from the National Hurricane 
     Conference;
       Whereas in 2005, Mr. Mayfield received a Presidential Rank 
     Award for Meritorious Service from President George W. Bush 
     and was named ABC Television Network's ``Person of the Week'' 
     after Hurricane Katrina;
       Whereas in 2004, the Federal Coordinator for Meteorological 
     Services and Supporting Research presented the Richard 
     Hagemeyer Award to Mr. Mayfield at the Interdepartmental 
     Hurricane Conference for his contributions to the hurricane 
     warning program of the United States;
       Whereas also in 2004, the National Academy of Television 
     Arts and Sciences Suncoast Chapter recognized Mr. Mayfield 
     with the Governor's Award, more commonly known as an 
     ``Emmy'', for extraordinary contributions to television by an 
     individual not otherwise eligible for an Emmy;
       Whereas in 2000, Mr. Mayfield received an Outstanding 
     Achievement Award at the National Hurricane Conference and in 
     1996 the American Meteorological Society honored him with the 
     Francis W. Reichelderfer Award for exemplary performance as 
     coordinator of the National Hurricane Center's hurricane 
     preparedness training for emergency preparedness officials 
     and the general public;
       Whereas Mr. Mayfield and his colleagues have been 
     recognized by the Department of Commerce with Gold Medals for 
     work during Hurricane Andrew in 1992 and Hurricane Isabel in 
     2003, and a Silver Medal during Hurricane Gilbert in 1988;
       Whereas Mr. Mayfield was also awarded a National Oceanic 
     and Atmospheric Administration Bronze Medal for creating a 
     public-private partnership to support the disaster 
     preparedness of the United States; and
       Whereas Mr. Mayfield is the current Chairman of the World 
     Meteorological Organization Regional Association-IV, which 
     supports 26 members from Atlantic and eastern Pacific 
     countries: Now, therefore, be it
       Resolved, That the Senate--
       (1) honors Mr. Britt ``Max'' Mayfield's commitment to 
     improving the accuracy of hurricane forecasting as Director 
     of the National Hurricane Center's Tropical Prediction 
     Center;
       (2) thanks Mr. Mayfield for his service, which has 
     undoubtedly helped to save countless lives and the property 
     of citizens around the world;
       (3) commends Mr. Mayfield's dedication to expanding 
     educational opportunities for State and local emergency 
     management officials;
       (4) acknowledges the critical role that Mr. Mayfield has 
     played in forecast and service improvements over his 34-year 
     career;
       (5) recognizes the unwavering support of Mr. Mayfield's 
     family in supporting his career;
       (6) wishes Mr. Mayfield continued success in his future 
     endeavors; and
       (7) recognizes the support and work of the staff of the 
     National Hurricane Center's Tropical Prediction Center during 
     Mr. Mayfield's tenure as Director of the Center.

                          ____________________




           HISPANIC ASSOCIATION OF COLLEGES AND UNIVERSITIES

  The resolution (S. Res. 608) recognizing the contributions of 
Hispanic Serving Institutions and the 20 years of educational endeavors 
provided by the Hispanic Association of Colleges and Universities was 
considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 608), with its preamble, reads as follows:

                              S. Res. 608

       Whereas 202 Hispanic Serving Institutions provide a gateway 
     to higher education for the Hispanic community, enrolling 
     nearly half of all Hispanic students in college today;
       Whereas the Hispanic Association of Colleges and 
     Universities, founded in San Antonio, Texas, has grown from 
     18 founding colleges and universities, to more than 400 
     United States colleges and universities, which the 
     Association recognizes as Hispanic Serving Institutions, 
     associate members, and partners;
       Whereas the Hispanic Association of Colleges and 
     Universities plays a vital role in advocating for the growth, 
     development, and infrastructure enhancement of Hispanic 
     Serving Institutions in order to provide a better and more 
     complete postsecondary education for Hispanics and other 
     students who attend these institutions;
       Whereas the Hispanic Association of Colleges and 
     Universities is the only national education association that 
     represents Hispanic Serving Institutions and advocates on a 
     national and State level for the educational achievement and 
     success of Hispanic students in higher education;
       Whereas the membership of the Hispanic Association of 
     Colleges and Universities has extended beyond the borders of 
     the United States to include over 45 colleges and 
     universities in Latin America, Spain, and Portugal in order 
     to expand education, research, and outreach through 
     international opportunities for faculty, internships, 
     scholarships, and governmental partnerships for students at 
     Hispanic Serving Institutions; and
       Whereas the 4th week in October 2006 is an appropriate time 
     to express such recognition during the 20th Anniversary 
     Conference of the Hispanic Association of Colleges and 
     Universities in San Antonio, Texas: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes the national role of the Hispanic 
     Association of Colleges and Universities as an advocate and 
     champion for Hispanic higher education and congratulates the 
     organization on its 20th Anniversary;
       (2) applauds Hispanic Serving Institutions for their work 
     to provide quality educational opportunities to all Hispanic 
     and other students who attend their institutions; and
       (3) urges university presidents, faculty, staff, and 
     supporters of Hispanic higher education to continue their 
     efforts to recruit, retain, educate, and graduate students 
     who might not otherwise pursue a postsecondary education.

                          ____________________




                          CHILD AWARENESS WEEK

  The resolution (S. Res. 609) honoring the children's charities, 
youth-serving

[[Page 22250]]

organizations, and other nongovernmental organizations committed to 
enriching and bettering the lives of children and designating the week 
of September 24, 2006, as ``Child Awareness Week'' was considered and 
agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 609), with its preamble, reads as follows:

                              S. Res. 609

       Whereas the children and youths of the United States 
     represent the future of the United States;
       Whereas numerous individuals, children's organizations, and 
     youth-serving organizations that work with children and 
     youths on a daily basis provide invaluable services that 
     serve to enrich and better the lives of children and youths;
       Whereas by strengthening and supporting children's and 
     youth-serving charities and other similar nongovernmental 
     organizations and by encouraging greater collaboration among 
     these organizations, the lives of many more children may be 
     enriched and made better;
       Whereas heightening people's awareness of and increasing 
     the support by the United States for children and youth-
     serving organizations that provide access to healthcare, 
     social services, education, the arts, sports, and other 
     services will help to improve the lives of children and 
     youths;
       Whereas September is a time when parents, families, 
     teachers, school administrators, and others increase their 
     focus on preparing children and youths of the United States 
     for the future as they begin a new school year and it is a 
     time for the people of the United States as a whole to 
     highlight and be mindful of the needs of children and youths;
       Whereas ``Child Awareness Week'', observed in September, 
     recognizes the children's charities, youth-serving 
     organizations, and other nongovernmental organizations across 
     the United States for the work they do to improve and enrich 
     the lives of children and youths of the United States; and
       Whereas a week-long salute to children and youths is in the 
     public interest and will encourage support for these 
     charities and organizations that seek to provide a better 
     future for the children and youths of the United States: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) designates the week of September 24, 2006, as ``Child 
     Awareness Week'';
       (2) recognizes with great appreciation the children's 
     charities and youth-serving organizations across the United 
     States for their efforts on behalf of children and youths; 
     and
       (3) calls on the people of the United States to--
       (A) observe the week of September 24, 2006, by focusing on 
     the needs of the children and youths of the United States;
       (B) recognize the efforts of children's charities and 
     youth-serving organizations to enrich and better the lives of 
     the children and youths of the United States; and
       (C) support the efforts of the children's charities and 
     youth-serving organizations of the United States as an 
     investment for the future of the United States.

                          ____________________




 INDEPENDENT NATIONAL ELECTORAL COMMISSION OF THE GOVERNMENT OF NIGERIA

  The resolution (S. Res. 611) supporting the efforts of the 
Independent National Electoral Commission of the Government of Nigeria, 
political parties, civil societies, religious organizations, and the 
people of Nigeria from one civilian government to another in the 
general elections to be held in April 2007 was considered and agreed 
to.
  The preamble was agreed to.
  The resolution (S. Res. 611), with its preamble, reads as follows:

                              S. Res. 611

       Whereas the United States maintains strong and friendly 
     relations with Nigeria and values the leadership role that 
     Nigeria plays throughout the continent of Africa, 
     particularly in the establishment of the New Partnership for 
     African Development and the African Union;
       Whereas Nigeria is an important strategic partner with the 
     United States in combating terrorism, promoting regional 
     stability, and improving energy security;
       Whereas Nigeria has been, and continues to be, a leading 
     supporter of the peacekeeping efforts of the United Nations 
     and the Economic Community of West African States by 
     contributing troops to operations in Lebanon, Yugoslavia, 
     Kuwait, the Democratic Republic of Congo, Liberia, Sierra 
     Leone, Somalia, Rwanda, and Sudan;
       Whereas past corruption and poor governance have resulted 
     in weak political institutions, crumbling infrastructure, a 
     feeble economy, and an impoverished population;
       Whereas political aspirants and the democratic process of 
     Nigeria are being threatened by increasing politically-
     motivated violence, including the assassination of 3 
     gubernatorial candidates in different states during the 
     previous 2 months; and
       Whereas the Chairperson of the Independent National 
     Electoral Commission has--
       (1) announced that governorship and state assembly 
     elections will be held on April 14, 2007;
       (2) stated that voting for the president and national 
     assembly will take place on April 21, 2007; and
       (3) vowed to organize free and fair elections to facilitate 
     a smooth democratic transition: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes the importance of Nigeria as a strategic 
     partner and long-time friend of the United States;
       (2) acknowledges the increasing significance of the 
     leadership of Nigeria throughout the region and continent;
       (3) commends the decision of the National Assembly of 
     Nigeria to reject an amendment to the constitution that would 
     have lifted the existing 2-term limit and allowed for a third 
     presidential term;
       (4) encourages the Government of Nigeria and the 
     Independent National Electoral Commission to demonstrate a 
     commitment to successful democratic elections by--
       (A) developing an aggressive plan for voter registration 
     and education;
       (B) addressing charges of past or intended corruption in a 
     transparent manner; and
       (C) conducting objective and unbiased recruitment and 
     training of election officials;
       (5) urges the Government of Nigeria to respect the freedoms 
     of association and assembly, including the right of 
     candidates, members of political parties, and others--
       (A) to freely assemble;
       (B) to organize and conduct public events; and
       (C) to exercise those and other rights in a manner free 
     from intimidation or harassment;
       (6) urges a robust effort by the law enforcement and 
     judicial officials of Nigeria to enforce the rule of law, 
     particularly by--
       (A) preventing and investigating politically-motivated 
     violence; and
       (B) prosecuting those suspected of such acts;
       (7) urges--
       (A) President Bush to ensure that the United States 
     supports the democratic gains made in Nigeria during the last 
     8 years; and
       (B) the Government of Nigeria to actively seek the support 
     of the international community for democratic, free, and fair 
     elections in April 2007; and
       (8) expresses the support of the United States for 
     coordinated efforts by the Government of Nigeria and the 
     Independent National Electoral Commission to work with 
     political parties, civil society, religious organizations, 
     and other entities to organize a peaceful political 
     transition based on free and fair elections in April 2007 to 
     further consolidate the democracy of Nigeria.

                          ____________________




     ESPERANZA INCIDENT FIRE IN SOUTHERN CALIFORNIA IN OCTOBER 2006

  The resolution (S. Res. 614) honoring the firefighters and other 
public servants who responded to the devastating Esperanza incident 
fire in southern California in October 2006 was considered and agreed 
to.
  The preamble was agreed to.
  The resolution (S. Res. 614), with its preamble, reads as follows:

                              S. Res. 614

       Whereas, in late October 2006, the mountain communities 
     west of Palm Springs, California were struck by a vast 
     wildfire, which came to be known as the Esperanza Incident 
     and which authorities believe was started by an arsonist;
       Whereas the Esperanza Incident fire tragically claimed 
     lives, homes and other buildings, and more than 40,000 acres 
     of terrain;
       Whereas nearly 3,000 firefighters from dozens of fire crews 
     courageously battled the fast-spreading blaze, which was 
     fanned by Santa Ana wind gusts up to 60 miles per hour;
       Whereas 4 firefighters--Mark Loutzenhiser, Jess McLean, 
     Jason McKay, and Daniel Hoover-Najera--made the ultimate 
     sacrifice by giving their lives when flames overtook them as 
     they tried to protect a home;
       Whereas an additional firefighter, Pablo Cerda, joined them 
     in that sacrifice when he too lost his life, after fighting 
     to survive for 6 days in a hospital before succumbing to 
     burns he had received fighting alongside his fallen 
     colleagues;
       Whereas firefighters honored the spirit of their fallen 
     colleagues by completing the job they started and controlling 
     the blaze, even while recognizing considerable danger to 
     their own well-being;
       Whereas skilled and courageous aircraft personnel and 
     additional emergency personnel, including law enforcement and 
     medical personnel, also responded to the threat posed by the 
     fire; and

[[Page 22251]]

       Whereas law enforcement personnel are aggressively pursuing 
     the conviction of the arsonist, and generous Californians 
     have offered additional funds, on top of those offered by the 
     Riverside County Board of Supervisors, to help bring the 
     arsonist to justice: Now, therefore, be it
       Resolved, That the Senate--
       (1) recognizes and honors--
       (A) all of the firefighters who responded to the 
     devastating Esperanza Incident fire in southern California in 
     October 2006; and
       (B) all others, including emergency, law enforcement, and 
     medical personnel and aircraft crews, who contributed to 
     controlling the fire, keeping Californians safe, and finding 
     and arresting the suspected arsonist; and
       (2) commends the firefighters and other personnel who 
     responded to the fire for dedicated service to the people of 
     California.

                          ____________________




                ALPHA PHI ALPHA FRATERNITY, INCORPORATED

  The concurrent resolution (H. Con. Res. 384) recognizing and honoring 
the 100th anniversary of the founding of the Alpha Phi Alpha 
Fraternity, Incorporated, the first intercollegiate Greek-letter 
fraternity established for African Americans, was considered and agreed 
to.
  The preamble was agreed to.

                          ____________________




   A CONCURRENT RESOLUTION EXPRESSING THE SENSE OF THE CONGRESS THAT 
PUBLIC POLICY SHOULD CONTINUE TO PROTECT AND STRENGTHEN THE ABILITY OF 
 FARMERS AND RANCHERS TO JOIN TOGETHER IN COOPERATIVE SELF-HELP EFFORTS

  The concurrent resolution (S. Con. Res. 119) expressing the sense of 
the Congress that public policy should continue to protect and 
strengthen the ability of farmers and ranchers to join together in 
cooperative self-help efforts was considered and agreed to.
  The preamble was agreed to.
  The concurrent resolution (S. Con. Res. 119), with its preamble, 
reads as follows:

                            S. Con. Res. 119

       Whereas the ability of farmers and ranchers in the United 
     States to join together in cooperative self-help efforts is 
     vital to their continued economic viability;
       Whereas Federal laws have long recognized the importance of 
     protecting and strengthening the ability of farmers and 
     ranchers to join together in cooperative self-help efforts, 
     including to cooperatively market their products, ensure 
     access to competitive markets, and help achieve other 
     important public policy goals;
       Whereas farmer- and rancher-owned cooperatives play an 
     important role in helping farmers and ranchers improve their 
     income from the marketplace, manage their risk, meet their 
     credit and other input needs, and compete more effectively in 
     a rapidly changing global economy;
       Whereas farmer- and rancher-owned cooperatives also play an 
     important role in providing consumers in the United States 
     and abroad with a dependable supply of safe, affordable, 
     high-quality food, fiber, and related products;
       Whereas farmer- and rancher-owned cooperatives also help 
     meet the energy needs of the United States, including through 
     the production and marketing of renewable fuels such as 
     ethanol and biodiesel;
       Whereas there are nearly 3,000 farmer- and rancher-owned 
     cooperatives located throughout the United States with a 
     combined membership representing a majority of the nearly 2 
     million farmers and ranchers in the United States; and
       Whereas farmer- and rancher-owned cooperatives also 
     contribute significantly to the economic well being of rural 
     America as well as the overall economy, including accounting 
     for as many as 250,000 jobs: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That it is the Sense of the Congress that public 
     policy should continue to protect and strengthen the ability 
     of farmers and ranchers to join together in cooperative self-
     help efforts--
       (1) to improve their income from the marketplace and their 
     economic well-being;
       (2) to capitalize on new market opportunities; and
       (3) to help meet the food and fiber needs of consumers, 
     provide for increased energy production, promote rural 
     development, maintain and create needed jobs, and contribute 
     to a growing United States economy.

                          ____________________




                 ADOPTION AND SAFE FAMILIES ACT OF 1997

  The resolution (S. Res. 547) recognizing and supporting the successes 
of the Adoption and Safe Families Act of 1997 in increasing adoption, 
observing the efforts that the act has spurred, including National 
Adoption Day and National Adoption Month, and encouraging citizens of 
the United States to consider adoption throughout the year was 
considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 547), with its preamble, reads as follows:

                              S. Res. 547

       Whereas, since the passage of the Adoption and Safe 
     Families Act of 1997 (42 U.S.C. 1305 note; Public Law 105-
     89), the number of children adopted from the foster care 
     system has increased significantly, with approximately 51,000 
     children adopted from the foster care system in fiscal year 
     2004 alone;
       Whereas, despite that remarkable progress, approximately 
     118,000 children in the foster care system of the United 
     States are waiting to be adopted, and 49 percent of those 
     children are at least 9 years old;
       Whereas adoptive families make an important difference in 
     the lives of the children they adopt by providing a stable, 
     nurturing environment for those children;
       Whereas National Adoption Day is a collective national 
     effort to find permanent, loving families for children in the 
     foster care system;
       Whereas both National Adoption Day and National Adoption 
     Month occur in November;
       Whereas, in 2002, the Department of Health and Human 
     Services launched a series of public service announcements 
     promoting the adoption of children aged 8 and older;
       Whereas more than 6,000 children have been placed into 
     adoptive homes since the Department of Health and Human 
     Services launched www.adoptuskids.org. a national photo 
     listing service for children awaiting adoption across the 
     United States;
       Whereas, in 2005, judges, attorneys, adoption 
     professionals, child welfare agencies, and child advocates in 
     45 States and the District of Columbia participated in 227 
     events in conjunction with National Adoption Day; and
       Whereas those events finalized the adoptions of more than 
     3,300 children from the foster care system: Now, therefore, 
     be it
       Resolved, That the Senate--
       (1) recognizes and supports--
       (A) the success of the Adoption and Safe Families Act of 
     1997 (42 U.S.C. 1305 note; Public Law 105-89) and the efforts 
     that the Act has spurred; and
       (B) the goals and ideals of National Adoption Day and 
     National Adoption Month; and
       (2) encourages the citizens of the United States to 
     consider adoption throughout the year.

                          ____________________




   ACKNOWLEDGING AFRICAN DESCENDANTS OF THE TRANSATLANTIC SLAVE TRADE

  The concurrent resolution (H. Con. Res. 175) acknowledging African 
descendants of the transatlantic slave trade in all of the Americas 
with an emphasis on descendants in Latin America and the Caribbean, 
recognizing the injustices suffered by these African descendants, and 
recommending the United States and the international community work to 
improve the situation of Afro-descendant communities in Latin America 
and the Caribbean was considered and agreed to.
  The preamble was agreed to.

                          ____________________




       CONDEMNING THE REPRESSION OF THE IRANIAN BAHA'I COMMUNITY

  The Senate proceeded to consider the concurrent resolution (S. Con. 
Res. 101) condemning the repression of the Iranian Baha'i community and 
calling for the emancipation of Iranian Baha'is.
  The amendment (No. 5193) was agreed to, as follows:


                           amendment no. 5193

       On page 3, lines 3 and 4, strike ``Universal Declaration of 
     Human Rights'' and insert ``International Covenant on Civil 
     and Political Rights''.
  The concurrent resolution, as amended, was agreed to.
  The preamble was agreed to.
  The concurrent resolution (S. Con. Res. 101), as amended, with its 
preamble, reads as follows:

                            S. Con. Res. 101

       Whereas in 1982, 1984, 1988, 1990, 1992, 1994, 1996, and 
     2000, Congress, by concurrent resolution, declared that it 
     deplores the religious persecution by the Government of Iran 
     of the Baha'i community and holds the Government of Iran 
     responsible for upholding the rights of all Iranian 
     nationals, including members of the Baha'i Faith;
       Whereas on March 20, 2006, the United Nations Special 
     Rapporteur on Freedom of Religion or Belief, Ms. Asma 
     Jahangir, revealed the existence of a confidential letter 
     dated October 29, 2005, from the Chairman of the Command 
     Headquarters of Iran's Armed Forces to the Ministry of 
     Information, the

[[Page 22252]]

     Revolutionary Guard, and the Police Force, stating that the 
     Supreme Leader, Ayatollah Khamenei, had instructed the 
     Command Headquarters to identify members of the Baha'i Faith 
     in Iran and monitor their activities;
       Whereas the United Nations Special Rapporteur expressed 
     ``grave concern and apprehension'' about the implications of 
     this letter for the safety of the Baha'i community;
       Whereas in 2005 the Iranian Government initiated a new wave 
     of assaults, homes raids, harassment, and detentions against 
     Baha'is, and in December 2005, Mr. Zabihullah Mahrami died 
     after 10 years of imprisonment on charges of apostasy due to 
     his membership in the Baha'i Faith; and
       Whereas beginning in October 2005, an anti-Baha'i campaign 
     has been conducted in the state-sponsored Kayhan newspaper 
     and in broadcast media: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress--
       (1) condemns the Government of Iran for the October 29, 
     2005 letter, calls on the Government of Iran to immediately 
     cease such activities and all activities aimed at the 
     repression of the Iranian Baha'i community, and continues to 
     hold the Government of Iran responsible for upholding all the 
     rights of its nationals, including members of the Baha'i 
     community; and
       (2) requests the President to--
       (A) call for the Government of Iran to emancipate the 
     Baha'i community by granting those rights guaranteed by the 
     International Covenant on Civil and Political Rights and 
     other international covenants on human rights;
       (B) emphasize that the United States regards the human 
     rights practices of the Government of Iran, including its 
     treatment of the Baha'i community and other religious 
     minorities, as a significant factor in the foreign policy of 
     the United States Government regarding Iran; and
       (C) initiate an active and consistent dialogue with other 
     governments and the European Union in order to persuade the 
     Government of Iran to rectify its human rights practices.

                          ____________________




                           DRIVE SAFER SUNDAY

  The resolution (S. Res. 618) designating November 26, 2006, as 
``Drive Safer Sunday'' was considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 618), with its preamble, reads as follows:

                              S. Res. 618

       Whereas motor vehicle travel is the primary means of 
     transportation in the United States;
       Whereas everyone on the roads and highways needs to drive 
     more safely to reduce deaths and injuries resulting from 
     motor vehicle accidents;
       Whereas the death of almost 43,000 people a year in more 
     than 6 million highway crashes in the United States has been 
     called an epidemic by Transportation Secretary Norman Mineta;
       Whereas according to the National Highway Transportation 
     Safety Administration, wearing a seat belt saved 15,434 lives 
     in 2004 and 15,632 lives in 2005; and
       Whereas the Sunday after Thanksgiving is the busiest 
     highway traffic day of the year: Now, therefore, be it
       Resolved, That the Senate--
       (1) encourages--
       (A) high schools, colleges, universities, administrators, 
     teachers, primary schools, and secondary schools to launch 
     campus-wide educational campaigns to urge students to be 
     careful about safety when driving;
       (B) national trucking firms to alert their drivers to be 
     especially focused on driving safely during the heaviest 
     traffic day of the year, and to publicize the importance of 
     the day using Citizen's band (CB) radios and in truck stops 
     across the Nation;
       (C) clergy to remind their members to travel safely when 
     attending services and gatherings;
       (D) law enforcement personnel to remind drivers and 
     passengers to drive particularly safely on the Sunday after 
     Thanksgiving; and
       (E) everyone to use the Sunday after Thanksgiving as an 
     opportunity to educate themselves about highway safety; and
       (2) designates November 26, 2006, as ``Drive Safer 
     Sunday''.

                          ____________________




                         SENATOR PAUL WELLSTONE

  The resolution (S. Res. 619) expressing the sense of the Senate that 
Senator Paul Wellstone should be remembered for his compassion and 
leadership on social issues and that Congress should act to end 
discrimination against citizens of the United States who live with 
mental illness by making legislation relating to mental health parity a 
priority for the 110th Congress was considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 619), with its preamble, reads as follows:

                              S. Res. 619

       Whereas Paul Wellstone served with distinction as a Senator 
     from the State of Minnesota;
       Whereas, for more than 20 years, Paul Wellstone inspired 
     the students of Carleton College in Northfield, Minnesota;
       Whereas Paul Wellstone was a loving father and husband, a 
     loyal citizen of the United States, and a compassionate 
     person;
       Whereas Paul Wellstone dedicated his life to bringing equal 
     access to education, economic opportunity, and comprehensive 
     healthcare to all citizens of the United States;
       Whereas Paul Wellstone worked tirelessly to advance mental 
     health parity for all citizens of the United States;
       Whereas more than 44,000,000 citizens of the United States 
     suffer from some form of a mental health-related condition;
       Whereas only \1/3\ of those citizens seek or receive 
     treatment for their mental health-related condition;
       Whereas 34 States have enacted laws that require some form 
     of access to mental health treatments that is similar to 
     physical health coverage; and
       Whereas the tragic and premature death of Paul Wellstone on 
     October 25, 2002, silenced 1 of the leading voices of the 
     Senate who spoke on behalf of the citizens of the United 
     States who live with a mental illness: Now, therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) on the fourth anniversary of his passing, Senator Paul 
     Wellstone should be remembered for his compassion and 
     leadership on social issues throughout his career; and
       (2) Congress should act to end discrimination against 
     citizens of the United States who live with a mental illness 
     by enacting legislation to provide for coverage of mental 
     health benefits with respect to health insurance coverage.

                          ____________________




                  NATIONAL LUNG CANCER AWARENESS MONTH

  The resolution (S. Res. 620) designating November 2006 as ``National 
Lung Cancer Awareness Month'' was considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 620), with its preamble, reads as follows:

                              S. Res. 620

       Whereas lung cancer is the leading cancer killer of both 
     men and women, accounting for nearly 1 in every 3 cancer 
     deaths in the United States;
       Whereas lung cancer claims the lives of more people each 
     year than breast, prostate, colon, liver, and kidney cancers 
     combined;
       Whereas the Surveillance, Epidemiology, and End Results 
     (SEER) Program of the National Cancer Institute estimates 
     that, in 2006, 174,470 new lung cancer cases will be 
     diagnosed and 162,460 individuals will die of lung cancer in 
     the United States;
       Whereas both incidence and mortality rates for lung cancer 
     are significantly higher in black males than in the general 
     population of the United States;
       Whereas smoking causes 87 percent of lung cancer deaths in 
     the United States;
       Whereas the best way to decrease the number of diagnoses 
     and deaths per year from lung cancer is to encourage people 
     in the United States to quit smoking;
       Whereas a former smoker's risk of lung cancer does not 
     decrease significantly until 20 years after the individual 
     quit smoking;
       Whereas the International Early Lung Cancer Action Program 
     has demonstrated in a 14-year study with 31,567 participants 
     that computer tomography scans can detect lung cancer in 
     Stage I when the cancer can be more easily treated and cured, 
     giving individuals who are diagnosed early a 10-year survival 
     rate of 88 percent;
       Whereas there is a need to increase public awareness of 
     statistics, risk factors, and the importance of early 
     diagnosis;
       Whereas individuals with cancers that are routinely 
     diagnosed at early stages through screening, such as breast 
     cancer and prostate cancer, have high survival rates of 88 
     percent and 99 percent, respectively;
       Whereas the 5-year survival rate for lung cancer in the 
     United States is still only 15 percent, a rate virtually 
     unchanged since the enactment of the National Cancer Act of 
     1971; and
       Whereas designating November 2006 as ``National Lung Cancer 
     Awareness Month'', as proposed by the Lung Cancer Alliance 
     and the Lung Cancer Alliance of Georgia, will increase public 
     awareness about lung cancer and the need for lung cancer 
     research and early detection: Now, therefore, be it
       Resolved, That the Senate--
       (1) designates November 2006 as ``National Lung Cancer 
     Awareness Month''; and
       (2) reaffirms the Senate's commitment to--
       (A) advancing lung cancer research and early detection, and 
     particularly the Lung Cancer Alliance of Georgia's goal of 
     significantly increasing the 5-year survival rate of 
     individuals diagnosed with lung cancer in the United States 
     to 50 percent within 10 years; and

[[Page 22253]]

       (B) working with all Federal agencies involved in cancer 
     research to develop a coordinated roadmap for accomplishing 
     that goal.

                          ____________________




      NATIONAL TEEN DATING VIOLENCE AWARENESS AND PREVENTION WEEK

  The resolution (S. Res. 621) designating the week of February 5 
through February 9, 2007, as ``National Teen Dating Violence Awareness 
and Prevention Week'' was considered and agreed to.
  The preamble was agreed to.
  The resolution (S. Res. 621), with its preamble, reads as follows:

                              S. Res. 621

       Whereas 1 in 3 female teens in a dating relationship have 
     feared for their physical safety;
       Whereas 1 in 2 teens in serious relationships have 
     compromised their beliefs to please their partner;
       Whereas nearly 1 in 5 teens who have been in a serious 
     relationship said their boyfriend or girlfriend would 
     threaten to hurt themselves or their partner if there was a 
     breakup;
       Whereas 1 in 5 teens in a serious relationship report they 
     have been hit, slapped, or pushed by a partner;
       Whereas more than 1 in 4 teens have been in a relationship 
     where their partner verbally abuses them;
       Whereas 13 percent of Hispanic teens reported that hitting 
     a partner was permissible;
       Whereas 29 percent of girls who have been in a relationship 
     said they have been pressured to have sex or engage in sex 
     they did not want;
       Whereas nearly 50 percent of girls worry that their partner 
     would break up with them if they did not agree to engage in 
     sex;
       Whereas Native American women experience higher rates of 
     interpersonal violence than any other population group;
       Whereas violent relationships in adolescence can have 
     serious ramifications for victims who are at higher risk for 
     substance abuse, eating disorders, risky sexual behavior, 
     suicide, and adult revictimization;
       Whereas the severity of violence among intimate partners 
     has been shown to increase if the pattern has been 
     established in adolescence;
       Whereas 81 percent of parents surveyed either believe 
     dating violence is not an issue or admit they do not know if 
     it is an issue; and
       Whereas the establishment of the National Teen Dating 
     Violence Awareness and Prevention Week will benefit schools, 
     communities, and families regardless of socio-economic 
     status, race, or sex: Now, therefore be it
       Resolved, That the Senate--
       (1) designates the week of February 5 through February 9, 
     2007, as ``National Teen Dating Violence Awareness and 
     Prevention Week''; and
       (2) calls upon the people of the United States, high 
     schools, law enforcement, State and local officials, and 
     interested groups, to observe National Teen Dating Violence 
     Awareness and Prevention Week with appropriate programs and 
     activities that promote awareness and prevention of the crime 
     of teen dating violence in their communities.

                          ____________________




  PROVIDING FOR A CONDITIONAL ADJOURNMENT OR RECESS OF THE SENATE AND 
                        HOUSE OF REPRESENTATIVES

  Mr. FRIST. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of H. Con. Res. 496, which was received 
from the House.
  The PRESIDING OFFICER. The clerk will report the concurrent 
resolution by title.
  The legislative clerk read as follows:

       A concurrent resolution (H. Con. Res. 496) providing for a 
     conditional adjournment of the House of Representatives and a 
     conditional recess or adjournment of the Senate.

  There being no objection, the Senate proceeded to consider the 
concurrent resolution.
  Mr. FRIST. I ask unanimous consent the resolution be agreed to, the 
motion to reconsider be laid upon the table, and any statements related 
to the resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (H. Con. Res. 496) was agreed to, as 
follows:

                            H. Con. Res. 496

       Resolved by the House of Representatives (the Senate 
     concurring), That when the House adjourns on the legislative 
     day of Wednesday, November 15, 2006, Thursday, November 16, 
     2006, or Friday, November 17, 2006, on a motion offered 
     pursuant to this concurrent resolution by its Majority Leader 
     or his designee, it stand adjourned until 10 a.m. on Tuesday, 
     December 5, 2006, or until the time of any reassembly 
     pursuant to section 2 of this concurrent resolution, 
     whichever occurs first; and that when the Senate recesses or 
     adjourns on Thursday, November 16, 2006, or Friday, November 
     17, 2006, on a motion offered pursuant to this concurrent 
     resolution by its Majority Leader or his designee, it stand 
     recessed or adjourned until noon on Monday, December 4, 2006, 
     or Tuesday, December 5, 2006, as may be specified by its 
     Majority Leader or his designee in the motion to recess or 
     adjourn, or such other time on that day as may be specified 
     by its Majority Leader or his designee in the motion to 
     recess or adjourn, or until the time of any reassembly 
     pursuant to section 2 of this concurrent resolution, 
     whichever occurs first.
       Sec. 2. The Speaker of the House and the Majority Leader of 
     the Senate, or their respective designees, acting jointly 
     after consultation with the Minority Leader of the House and 
     the Minority Leader of the Senate, shall notify the Members 
     of the House and the Senate, respectively, to reassemble at 
     such place and time as they may designate if, in their 
     opinion, the public interest shall warrant it.

                          ____________________




                         SIGNING AUTHORIZATION

  Mr. FRIST. I ask unanimous consent that during the adjournment of the 
Senate, the majority leader and both Senators from Virginia be 
authorized to sign duly enrolled bills or joint resolutions.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                       APPOINTMENTS AUTHORIZATION

  Mr. FRIST. I ask unanimous consent notwithstanding the upcoming 
recess or adjournment of the Senate, the President of the Senate, the 
President pro tempore, and majority and minority leaders be authorized 
to make appointments to commissions, committees, boards, conferences, 
or interparliamentary conferences authorized by law, by concurrent 
action of the two Houses, or by order of the Senate.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
immediately proceed to executive session to consider the following 
nominations on today's Executive Calendar: Calendar Nos. 903, 977, 996, 
997, 998, 999, and all nominations on the Secretary's desk; further, 
that the Foreign Relations Committee be discharged from consideration 
of the following nominations and the Senate proceed to their immediate 
consideration, all en bloc: Ronald Spogli, PN2064; Craig Roberts 
Stapleton, PN2063; Kay Kelley Arnold, PN2046; Gary C. Bryner, PN2047; 
Thomas Joseph Dodd, PN2048; Adolfo A. Franco, PN183; John P. Salazar, 
PN2050; Thomas A. Shannon, PN2051; Roger Wallace, PN1305; Jack Vaughn, 
PN96; Jack Vaughn, PN2052.
  I further ask unanimous consent the nominations be confirmed en bloc, 
the motion to reconsider be laid upon the table, the President be 
immediately notified of the Senate's action, and the Senate then return 
to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed en bloc are as follows:


                   federal communications commission

       Kevin J. Martin, of North Carolina to be a Member of the 
     Federal Communications Commission for a term of five years 
     from July 1, 2006.


                              in the navy

       The following named officer for appointment in the United 
     States Navy to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                           To be vice admiral

     Vice Adm. Ann E. Rondeau, 0000


                              in the army

       The following named officer for appointment in the Reserve 
     of the Army to the grade indicated under title 10, U.S.C., 
     section 12203:

                          To be major general

     Brig. Gen. James B. Mallory, III, 0000


                              in the navy

       The following named officer for appointment as Vice Chief 
     of Naval Operations, United States Navy and appointment to 
     the

[[Page 22254]]

     grade indicated while assigned to a position of importance 
     and responsibility under title 10, U.S.C., sections 601 and 
     5035:

                             To be admiral

     Vice Adm. Patrick M. Walsh, 0000

       The following named officer for appointment in the United 
     States Navy to the grade indicated while assigned to a 
     position of importance and responsibility under title 10, 
     U.S.C., section 601:

                           To be vice admiral

     Rear Adm. Thomas J. Kilcline, Jr., 0000


                         Department of justice

       Stephen Thomas Conboy, of Virginia, to be United States 
     Marshal for the Superior Court of the District of Columbia 
     for the term of four years, vice Todd Walther Dillard.

               Nominations Placed on the Secretary's Desk


                            in the air force

       PN2087 AIR FORCE nomination of Thomas C. Hankins, which was 
     received by the Senate and appeared in the Congressional 
     Record of September 28, 2006.
       PN2098 AIR FORCE nominations (15) beginning Jeffery C. 
     Carstens, and ending MARCIA WHEELER, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of September 29, 2006.


                              in the army

       PN2099 ARMY nominations (6) beginning ROBERT E. SUTER, and 
     ending DAWN HAROLD, which nominations were received by the 
     Senate and appeared in the Congressional Record of September 
     29, 2006.
       PN2100 ARMY nomination of John M. Cotten, which was 
     received by the Senate and appeared in the Congressional 
     Record of September 29, 2006.
       PN2101 ARMY nominations (2) beginning LAUREEN A. OTTO, and 
     ending DEE A. PAOLI, which nominations were received by the 
     Senate and appeared in the Congressional Record of September 
     29, 2006.
       PN2102 ARMY nominations (2) beginning STEVEN F. WILLIAMS, 
     and ending JESSICA N. STANTON, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record of September 29, 2006.
       PN2103 ARMY nomination of Lee A. Knox, which was received 
     by the Senate and appeared in the Congressional Record of 
     September 29, 2006.
       Jack Vaughn, of Texas, to be a Member of the Board of 
     Directors of the Inter-American Foundation for a term 
     expiring September 20, 2006.
       Adolfo A. Franco, of Virginia, to be a Member of the Board 
     of Directors of the Inter-American Foundation for a term 
     expiring September 20, 2008, to which position he was 
     appointed during the recess of the Senate from January 6, 
     2005, to January 20, 2005.
       Roger W. Wallace, of Texas, to be a Member of the Board of 
     Directors of the Inter-American Foundation for a term 
     expiring October 6, 2008, to which position he was appointed 
     during the last recess of the Senate.
       Kay Kelley Arnold, of Arkansas, to be a Member of the Board 
     of Directors of the Inter-American Foundation for a term 
     expiring October 6, 2010. (Reappointment).
       Gary C. Bryner, of Utah, to be a Member of the Board of 
     Directors of the Inter-American Foundation for a term 
     expiring June 26, 2008.
       Thomas Joseph Dodd, of the District of Columbia, to be a 
     Member of the Board of Directors of the Inter-American 
     Foundation for a term expiring June 26, 2008.
       John P. Salazar, of New Mexico, to be a Member of the Board 
     of Directors of the Inter-American Foundation for a term 
     expiring September 20, 2012.
       Thomas A. Shannon, Jr., of Virginia, a Career Member of the 
     Senior Foreign Service, Class of Minister-Counselor, to be a 
     Member of the Board of Directors of the Inter-American 
     Foundation for a term expiring September 20, 2012.
       Jack Vaughn, of Texas, to be a Member of the Board of 
     Directors of the Inter-American Foundation for a term 
     expiring September 20, 2012. (Reappointment).
       Craig Roberts Stapleton, of Connecticut, to serve 
     concurrently and without additional compensation as 
     Ambassador Extraordinary and Plenipotentiary of the United 
     States of America to Monaco.
       Ronald Spogli, of California, to serve concurrently and 
     without additional compensation as Ambassador Extraordinary 
     and Plenipotentiary of the United States of America to the 
     Republic of San Marino.

                          ____________________




                          LEGISLATIVE SESSION

  The PRESIDING OFFICER. Under the previous order, the Senate will 
return to legislative session.

                          ____________________




                           MEASURES REPORTED

  Mr. FRIST. I ask unanimous consent the Senate proceed to the 
immediate en bloc consideration of the following bills reported out of 
the Energy and Natural Resources Committee: Calendar Nos. 546, 557, 
558, and 643, and that the Energy and Natural Resources Committee be 
discharged from further consideration of H.R. 3817 and H.R. 2383, and 
the Senate proceed to their immediate consideration en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FRIST. I ask unanimous consent the committee-reported amendments 
be agreed to, the bills, as amended, if amended, be read a third time 
and passed, the motion to reconsider be laid upon the table, all en 
bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




  TO PROVIDE FOR THE REINSTATEMENT OF A LICENSE FOR A CERTAIN FEDERAL 
                  ENERGY REGULATORY COMMISSION PROJECT

  The Senate proceeded to consider the bill (S. 2028) to provide for 
the reinstatement of a license for a certain Federal Energy Regulatory 
Commission project, which had been reported from the Committee on 
Energy and Natural Resources, with an amendment, as follows:
  (The part of the bill intended to be stricken is shown in boldface 
brackets and the part of the bill intended to be inserted is shown in 
italics.)

                                S. 2028

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REINSTATEMENT OF LICENSE FOR FEDERAL ENERGY 
                   REGULATORY COMMISSION PROJECT.

       (a) In General.--Notwithstanding the time period specified 
     in section 13 of the Federal Power Act (16 U.S.C. 806) that 
     would otherwise apply to project numbered 7307 of the Federal 
     Energy Regulatory Commission, the Commission shall, on the 
     request of the licensee for the project, in accordance with 
     that section (including the good faith, due diligence, and 
     public interest requirements of that section and procedures 
     established under that section), extend the time required for 
     commencement of construction of the project until December 
     31, 2007.
       (b) Applicability.--Subsection (a) shall apply to the 
     project on the expiration of any extension, issued by the 
     Commission under section 13 of the Federal Power Act (16 
     U.S.C. 806), of the time required for commencement of 
     construction of the project.
       [(c) Reinstatement of Expired License.--If a license of the 
     Commission for the project expires before the date of 
     enactment of this Act, the Commission shall--
       [(1) reinstate the license effective as of the date of the 
     expiration of the license; and]
       (c) Reinstatement of Terminated License.--If a license of 
     the Commission for the project has been terminated before the 
     date of enactment of this Act, the Commission shall--
       (1) reinstate the license effective as of the date of the 
     termination of the license; and
       (2) extend the time required for commencement of 
     construction of the project until December 31, 2007.
  The committee amendment was agreed to.
  The bill, (S. 2028), as amended, was ordered to be engrossed for a 
third reading, was read the third time; and passed, as follows:
  (The bill will be printed in a future edition of the Record.)

                          ____________________




TO PROVIDE FOR THE PRESERVATION OF THE HISTORIC CONFINEMENT SITES WHERE 
  JAPANESE AMERICANS WERE DETAINED DURING WORLD WAR II, AND FOR OTHER 
                                PURPOSES

  The Senate proceeded to consider the bill (H.R. 1492) to provide for 
the preservation of the historic confinement sites where Japanese 
Americans were detained during World War II, and for other purposes, 
which had been reported from the Committee on Energy and Natural 
Resources, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                               H.R. 1492

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PRESERVATION OF HISTORIC CONFINEMENT SITES.

       (a) Preservation Program.--The Secretary shall create a 
     program within the National Park Service to encourage, 
     support, recognize, and work in partnership with citizens, 
     Federal agencies, State, local, and tribal governments, other 
     public entities, educational institutions, and private 
     nonprofit organizations for the purpose of identifying,

[[Page 22255]]

     researching, evaluating, interpreting, protecting, restoring, 
     repairing, and acquiring historic confinement sites in order 
     that present and future generations may learn and gain 
     inspiration from these sites and that these sites will 
     demonstrate the Nation's commitment to equal justice under 
     the law.
       [(b) Grants.--The Secretary, in consultation with the 
     Japanese American National Heritage Coalition, shall make 
     grants to State, local, and tribal governments, other public 
     entities, educational institutions, and private nonprofit 
     organizations to assist in carrying out subsection (a).]
       (b) Grants.--
       (1) Criteria.--The Secretary, after consultation with 
     State, local, and tribal governments, other public entities, 
     educational institutions, and private nonprofit organizations 
     (including organizations involved in the preservation of 
     historic confinement sites), shall develop criteria for 
     making grants under paragraph (2) to assist in carrying out 
     subsection (a).
       (2) Provision of grants.--Not later than 180 days after the 
     date on which funds are made available to carry out this Act, 
     the Secretary shall, subject to the availability of 
     appropriations, make grants to the entities described in 
     paragraph (1) only in accordance with the criteria developed 
     under that paragraph.
       (c) Property Acquisition.--
       (1) Authority.--Federal funds made available under this 
     section may be used to acquire non-Federal property for the 
     purposes of this section, in accordance with section 3, only 
     if that property is within the areas described in paragraph 
     (2).
       (2) Property descriptions.--The property referred to in 
     paragraph (2) is the following:
       (A) Jerome, depicted in Figure 7.1 of the Site Document.
       (B) Rohwer, depicted in Figure 11.2 of the Site Document.
       (C) Topaz, depicted in Figure 12.2 of the Site Document.
       (D) Honouliuli, located on the southern part of the Island 
     of Oahu, Hawaii, and within the land area bounded by H1 to 
     the south, Route 750 (Kunia Road) to the east, the Honouliuli 
     Forest Reserve to the west, and Kunia town and Schofield 
     Barracks to the north.
       (3) No effect on private property.--The authority granted 
     in this subsection shall not constitute a Federal designation 
     or have any effect on private property ownership.
       (d) Matching Fund Requirement.--The Secretary shall require 
     a [25 percent]  50 percent non-Federal match for funds 
     provided under this section.
       (e) Sunset of Authority.--This Act shall have no force or 
     effect on and after the date that is 2 years after the 
     disbursement to grantees under this section of the total 
     amount of funds authorized to be appropriated under section 
     4.

     SEC. 2. DEFINITIONS.

       For purposes of this Act the following definitions apply:
        (1) Historic Confinement Sites.--(A) The term ``historic 
     confinement sites'' means the 10 internment camp sites 
     referred to as Gila River, Granada, Heart Mountain, Jerome, 
     Manzanar, Minidoka, Poston, Rohwer, Topaz, and Tule Lake and 
     depicted in Figures 4.1, 5.1, 6.1, 7.1, 8.4, 9.2, 10.6, 11.2, 
     12.2, and 13.2, respectively, of the Site Document; and
       (B) other historically significant locations, as determined 
     by the Secretary, where Japanese Americans were detained 
     during World War II.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Site document.--The term ``Site Document'' means the 
     document titled ``Confinement and Ethnicity: An Overview of 
     World War II Japanese American Relocation Sites'', published 
     by the Western Archeological and Conservation Center, 
     National Park Service, in 1999.

     SEC. 3. PRIVATE PROPERTY PROTECTION.

       No Federal funds made available to carry out this Act may 
     be used to acquire any real property or any interest in any 
     real property without the written consent of the owner or 
     owners of that property or interest in property.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     $38,000,000 to carry out this Act. Such sums shall remain 
     available until expended.
  The committee amendments were agreed to.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 1492), as amended, was read the third time, and 
passed.

                          ____________________




  REVISIONS TO PICK-SLOAN MISSOURI BASIN PROGRAM IRRIGATION DISTRICTS 
                          REPAYMENT CONTRACTS

  The bill (H.R. 4000) to authorize the Secretary of the Interior to 
revise certain repayment contracts with the Bostwick Irrigation 
District in Nebraska, the Kansas Bostwick Irrigation District No. 2, 
the Frenchman-Cambridge Irrigation District, and the Webster Irrigation 
District No. 4, all a part of the Pick-Sloan Missouri Basin Program, 
and for other purposes, was considered, ordered to a third reading, 
read the third time, and passed.

                          ____________________




     EXTENSION OF TIME FOR CONSTRUCTION OF A HYDROELECTRIC PROJECT

  The bill (H.R. 4377), to extend the time required for construction of 
a hydroelectric project, and for other purposes, was considered, 
ordered to a third reading, read the third time, and passed.

                          ____________________




                   VALLE VIDAL PROTECTION ACT OF 2005

  The bill (H.R. 3817) to withdraw the Valle Vidal Unit of the Carson 
National Forest in New Mexico from location, entry, and patent under 
the mining laws, and for other purposes, was considered, ordered to a 
third reading, read the third time, and passed.

                          ____________________




                   C.W. ``BILL'' JONES PUMPING PLANT

  The bill (H.R. 2383) to redesignate the facility of the Bureau of 
Reclamation located at 19550 Kelso Road in Byron, California, as the 
``C.W. `Bill' Jones Pumping Plant'', was considered, ordered to a third 
reading, read the third time, and passed.

                          ____________________




   ORDERS FOR MONDAY, DECEMBER 4, 2006, AND TUESDAY, DECEMBER 5, 2006

  Mr. FRIST. Mr. President, I ask unanimous consent that when the 
Senate completes its business today, it stand in adjournment under the 
provisions of H. Con. Res. 496 until 10 a.m. on Monday, December 4. I 
further ask consent that following the prayer and pledge, the morning 
hour be deemed expired, the Journal of proceedings be approved to date, 
and the Senate then automatically adjourn over until 12 noon on 
Tuesday, December 5; provided further that following the prayer and 
pledge, the morning hour be deemed expired, the Journal of proceedings 
be approved to date, the time for the two leaders be reserved, and the 
Senate proceed to a period of morning business until 2 p.m., with 
Senator DeWine to speak for up to 2 hours.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. FRIST. Mr. President, I congratulate Chairman Lugar and Senator 
Biden for outstanding work on the United States-India cooperative 
agreement legislation, which passed tonight by a vote of 85 to 12. I 
also appreciate the assistance of all Members who were willing to defer 
amendments and allow us to finish the bill this evening.
  We will return for business after the Thanksgiving holiday. The 
continuing resolution will expire at the end of that week, as of 
December 8, and therefore we will need to work toward a conclusion on 
the appropriations process. As I announced earlier, our next vote will 
occur on Tuesday, December 5, around 5 p.m.
  I wish all of my colleagues a safe and pleasant Thanksgiving holiday.

                          ____________________




         ADJOURNMENT UNTIL MONDAY, DECEMBER 4, 2006, AT 10 A.M.

  Mr. FRIST. Mr. President, if there is no further business to come 
before the Senate, I ask unanimous consent that the Senate stand in 
adjournment under the provisions of H. Con. Res. 496.
  There being no objection, the Senate, at 10:01 p.m., adjourned until 
Monday, December 4, 2006, at 10 a.m.

                          ____________________




                             CONFIRMATIONS

  Executive nominations confirmed by the Senate Thursday, November 16, 
2006:


                   federal communications commission

       KEVIN J. MARTIN, OF NORTH CAROLINA, TO BE A MEMBER OF THE 
     FEDERAL COMMUNICATIONS COMMISSION FOR A TERM OF FIVE YEARS 
     FOM JULY 1, 2006.


                         department of justice

       STEPHEN THOMAS CONBOY, OF VIRGINIA, TO BE UNITED STATES 
     MARSHAL FOR THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA 
     FOR THE TERM OF FOUR YEARS.

[[Page 22256]]

       THE ABOVE NOMINATIONS WERE APPROVED SUBJECT TO THE 
     NOMINEES' COMMITMENT TO RESPOND TO REQUESTS TO APPEAR AND 
     TESTIFY BEFORE ANY DULY CONSTITUTED COMMITTEE OF THE SENATE.


                          department of state

       CRAIG ROBERTS STAPLETON, OF CONNECTICUT, TO SERVE 
     CONCURRENTLY AND WITHOUT ADDITIONAL COMPENSATION AS 
     AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED 
     STATES OF AMERICA TO MONACO.
       RONALD SPOGLI, OF CALIFORNIA, TO SERVE CONCURRENTLY AND 
     WITHOUT ADDITIONAL COMPENSATION AS AMBASSADOR EXTRAORDINARY 
     AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE 
     REPUBLIC OF SAN MARINO.


                       inter-american foundation

       JACK VAUGHN, OF TEXAS, TO BE A MEMBER OF THE BOARD OF 
     DIRECTORS OF THE INTER-AMERICAN FOUNDATION FOR A TERM 
     EXPIRING SEPTEMBER 20, 2006.
       ADOLFO A. FRANCO, OF VIRGINIA, TO BE A MEMBER OF THE BOARD 
     OF DIRECTORS OF THE INTER-AMERICAN FOUNDATION FOR A TERM 
     EXPIRING SEPTEMBER 20, 2008, TO WHICH POSITION HE WAS 
     APPOINTED DURING THE RECESS OF THE SENATE FROM JANUARY 6, 
     2005, TO JANUARY 20, 2005.
       ROGER W. WALLACE, OF TEXAS, TO BE A MEMBER OF THE BOARD OF 
     DIRECTORS OF THE INTER-AMERICAN FOUNDATION FOR A TERM 
     EXPIRING OCTOBER 6, 2008, TO WHICH POSITION HE WAS APPOINTED 
     DURING THE LAST RECESS OF THE SENATE.
       KAY KELLEY ARNOLD, OF ARKANSAS, TO BE A MEMBER OF THE BOARD 
     OF DIRECTORS OF THE INTER-AMERICAN FOUNDATION FOR A TERM 
     EXPIRING OCTOBER 6, 2010. (REAPPOINTMENT).
       GARY C. BRYNER, OF UTAH, TO BE A MEMBER OF THE BOARD OF 
     DIRECTORS OF THE INTER-AMERICAN KUNDATION FOR A TERM EXPIRING 
     JUNE 26, 2008.
       THOMAS JOSEPH DODD, OF THE DISTRICT OF COLUMBIA, TO BE A 
     MEMBER OF THE BOARD OF DIRECTORS OF THE INTER-AMERICAN 
     FOUNDATION FOR A TERM EXPIRING JUNE 26, 2008.
       JOHN P. SALAZAR, OF NEW MEXICO, TO BE A MEMBER OF THE BOARD 
     OF DIRECTORS OF THE INTER-AMERICAN FOUNDATION FOR A TERM 
     EXPIRING SEPTEMBER 20, 2012.
       THOMAS A. SHANNON, JR., OF VIRGINIA, A CAREER MEMBER OF THE 
     SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE A 
     MEMBER OF THE BOARD OF DIRECTORS OF THE INTER-AMERICAN 
     FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2012.
       JACK VAUGHN, OF TEXAS, TO BE A MEMBER OF THE BOARD OF 
     DIRECTORS OF THE INTER-AMERICAN FOUNDATION FOR A TERM 
     EXPIRING SEPTEMBER 20, 2012. (REAPPOINTMENT).


                              in the navy

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                           To be vice admiral

Vice Adm. Ann E. Rondeau


                              in the army

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE 
     OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 12203:

                          To be major general

Brig. Gen. James B. Mallory III


                              in the navy

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS VICE CHIEF 
     OF NAVAL OPERATIONS, UNITED STATES NAVY AND APPOINTMENT TO 
     THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF 
     IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., 
     SECTIONS 601 AND 5035:

                             To be admiral

Vice Adm. Patrick M. Walsh

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A 
     POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, 
     U.S.C., SECTION 601:

                           To be Vice admiral

Rear Adm. Thomas J. Kilcline, Jr.


                            in the air force

       AIR FORCE NOMINATION OF THOMAS C. HANKINS TO BE COLONEL.
       AIR FORCE NOMINATIONS BEGINNING WITH JEFFERY C. CARSTENS 
     AND ENDING WITH MARCIA WHEELER, WHICH NOMINATIONS WERE 
     RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL 
     RECORD ON SEPTEMBER 29, 2006.


                              in the army

       ARMY NOMINATIONS BEGINNING WITH ROBERT E. SUTER AND ENDING 
     WITH DAWN HAROLD, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON SEPTEMBER 
     29, 2006.
       ARMY NOMINATION OF JOHN M. COTTEN TO BE LIEUTENANT COLONEL.
       ARMY NOMINATIONS BEGINNING WITH LAUREEN A. OTTO AND ENDING 
     WITH DEE A. PAOLI, WHICH NOMINATIONS WERE RECEIVED BY THE 
     SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON SEPTEMBER 
     29, 2006.
       ARMY NOMINATIONS BEGINNING WITH STEVEN F. WILLIAMS AND 
     ENDING WITH JESSICA N. STANTON, WHICH NOMINATIONS WERE 
     RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL 
     RECORD ON SEPTEMBER 29, 2006.
       ARMY NOMINATION OF LEE A. KNOX TO BE MAJOR.