Senate Proceeding on Nov 16th, 2006 :: 3:44:59 to 4:01:01
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3:22:18 to 3:44:59( Edit History Discussion )
Speech By: Jeff Bingaman

3:44:39 to 3:44:59( Edit History Discussion )

Jeff Bingaman: avoided. i urge my colleagues to support the amendment and, mr. president, i would ask that -- i also have a unanimous consent agreement here that william johnson and lona stole, who are fellows in senator

3:44:59 to 3:45:11( Edit History Discussion )

Richard Lugar: kennedy's office, be granted floor privileges during consideration of s. 3709. the presiding officer: without objection, so ordered.~ mr. lugar: mr. president, i rise in opposition to the amendment

3:44:59 to 4:01:01( Edit History Discussion )
Speech By: Richard Lugar

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Richard Lugar: offered by the distinguished senator if new mexico. despite his protestations, this is a killer condition because it requires the president of the united states to make two determinations prior

3:45:26 to 3:45:44( Edit History Discussion )

Richard Lugar: to the u.s.-india agreement being implemented that are clearly 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

3:45:44 to 3:46:02( Edit History Discussion )

Richard Lugar: have taken specific steps to conclude the fissile material cutoff treaty or fmct before the united states can export nuclear equipment and technology. and, second, the amendment requires that a second

3:46:02 to 3:46:15( Edit History Discussion )

Richard Lugar: determination be made that india has stopped the production of fissile material for weapons before the united states can export nuclear materials. while i agree that an indian commitment to abandon its

3:46:15 to 3:46:33( Edit History Discussion )

Richard Lugar: nuclear weapons program would have been optimal, even in its absence, this agreement serves the united states national security interests. members must consider whether this amendment and others like it

3:46:33 to 3:46:49( Edit History Discussion )

Richard Lugar: advance united states 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.

3:46:49 to 3:47:17( Edit History Discussion )

Richard Lugar: i support this agreement and oppose amendments like this one that would derail its implementation. now, by linking american exports of nuclear equipment and technology to u.s. and india progress on

3:47:17 to 3:47:34( Edit History Discussion )

Richard Lugar: a multilateral fmct holds new delhi to a different and higher standard than any other country with whom we have nuclear trade. for example, the standards that we require of beijing. a successful fmct will

3:47:34 to 3:47:49( Edit History Discussion )

Richard Lugar: 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

3:47:49 to 3:48:05( Edit History Discussion )

Richard Lugar: bilateral agreement a backdoor veto. in other words, if another nation stymies progress on an mfct, will india and the united states be penalized? i share the strong support of the senator from new

3:48:05 to 3:48:23( Edit History Discussion )

Richard Lugar: mexico for an fmct, but a successful successful fmct negotiation will require the assent of all nations, in particular, china. unlike the united states, the united kingdom, france and russia, china

3:48:23 to 3:48:39( Edit History Discussion )

Richard Lugar: is assumed to have ceased fissile material production but has not made a public statement confirming this this, as others have. the report that accompanies the lugar-biden legislation, s. 3709, which

3:48:39 to 3:48:53( Edit History Discussion )

Richard Lugar: we are considering, highlights the potential trouble with these kinds of linkages. the conference on disarmament, the host of talks on an fmct has been unable to agree on a work part program because,

3:48:53 to 3:49:10( Edit History Discussion )

Richard Lugar: in part, 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

3:49:10 to 3:49:24( Edit History Discussion )

Richard Lugar: and banning weapons in outer space. for its part, india has long supported a conclusion of an effectively verifiable fmct. this position reflects india's concern regarding fissile material production by

3:49:24 to 3:49:41( Edit History Discussion )

Richard Lugar: its nuclear arms neighbors and would be unrealistic to expect a precipitous change in india's position. it would be difficult to determine that the united states and india have taken specific steps

3:49:41 to 3:49:56( Edit History Discussion )

Richard Lugar: to conclude an fmct if chinese interference didn't permit the negotiations at the conference on disarmament even to start. and testimony before the committee on foreign relations, former secretary of defense

3:49:56 to 3:50:11( Edit History Discussion )

Richard Lugar: william perry, addressed the danger of conditioning passage of the u.s.-india agreement on fmct related issues. in fact, secretary perry stated that there were many things by which we could condition

3:50:11 to 3:50:28( Edit History Discussion )

Richard Lugar: nuclear trade with india, including -- quote -- "india taking a leadership position in promoting an international cutoff in the production of fissile material." dr. perry concluded -- and i quote

3:50:28 to 3:50:45( Edit History Discussion )

Richard Lugar: again -- "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.

3:50:45 to 3:51:03( Edit History Discussion )

Richard Lugar: and that should be as a follow-on to the agreement." end of quote from secretary perry. secretary perry's advice was good counsel and we adopted it in the lugar-biden bill. in our opinion, s. 3709

3:51:03 to 3:51:20( Edit History Discussion )

Richard Lugar: 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

3:51:20 to 3:51:41( Edit History Discussion )

Richard Lugar: applies pressure and requires continued monitoring of future indian and u.s. administrations to ensure full implementation of the decisions by india to support such a treaty. section 1055 of the lugar-biden

3:51:41 to 3:51:57( Edit History Discussion )

Richard Lugar: bill requires an annual determination that india continues its support for an fmct and is not preventing adoption of a negotiating mandate but leaves the issue of verification to be decided in the negotiations.

3:51:57 to 3:52:06( Edit History Discussion )

Richard Lugar: 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 provisions with report

3:52:06 to 3:52:23( Edit History Discussion )

Richard Lugar: language that reads that -- quote -- "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

3:52:23 to 3:52:36( Edit History Discussion )

Richard Lugar: with that nation to help them transition from nuclear buildups to stability and arms reductions." this is nowhere more relevant than in the area of fissile material production." end of quote. in addition,

3:52:36 to 3:52:54( Edit History Discussion )

Richard Lugar: 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. now, india has long rejected calls

3:52:54 to 3:53:14( Edit History Discussion )

Richard Lugar: for 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

3:53:14 to 3:53:31( Edit History Discussion )

Richard Lugar: at this time. pakistan continues to produce fissile material for weapons-related purposes. and another neighbor of india, china, has not yet committed to a moratorium on such production. in my

3:53:31 to 3:53:48( Edit History Discussion )

Richard Lugar: judgment, it is not in united states national security interests to threaten these significant nonproliferation gains afforded by this initiative with india in order to seek a fissile material cap

3:53:48 to 3:54:06( Edit History Discussion )

Richard Lugar: that india indicates it cannot agree to. absence a similar commitment by pakistan and china. second rice testified on april, 2006, before the committee on foreign relations -- and i quote from the secretary

3:54:06 to 3:54:21( Edit History Discussion )

Richard Lugar: -- "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.

3:54:21 to 3:54:38( Edit History Discussion )

Richard Lugar: no one can credibly assert that india would accept what would amount to an arms control agreement that did not include other key countries such as china and pakistan." end of quote from secretary rice. in

3:54:38 to 3:54:50( Edit History Discussion )

Richard Lugar: addition, under secretary of state for arms control, international security policy, bob joseph, and under secretary of state for political affairs, nicholas burns, stated on march 29, twu -- and i quote

3:54:50 to 3:55:01( Edit History Discussion )

Richard Lugar: at length -- march 29, 2006 -- and i quote at length from their statement -- quote -- "the production for fissile material for weapons was discussed as part of a civil nuclear agreement initiative. but

3:55:01 to 3:55:17( Edit History Discussion )

Richard Lugar: india maintained that it could not agree to a unilateral cap at this time. the united states has achieved an important objective by obtaining india's commitment to work toward the conclusion of

3:55:17 to 3:55:32( Edit History Discussion )

Richard Lugar: a multilateral fissile material cutoff treaty, an 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

3:55:32 to 3:55:48( Edit History Discussion )

Richard Lugar: that produce fissile material for weapons purposes to observe a voluntary production moratorium as the united states has done for many years." end of quote from the under secretaries. senator biden

3:55:48 to 3:56:01( Edit History Discussion )

Richard Lugar: 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.

3:56:01 to 3:56:18( Edit History Discussion )

Richard Lugar: in section 101 of our bill, we make it the policy of the united states -- quote -- "to achieve as quickly as possible a cessation of the production by india and pakistan of fissile materials for

3:56:18 to 3:56:35( Edit History Discussion )

Richard Lugar: nuclear weapons and other nuclear explosive devices." section 108-a-1a, requires that an annual reporting requirement on indian implementation and compliance with -- quote -- "the nonproliferation commitments

3:56:35 to 3:56:49( Edit History Discussion )

Richard Lugar: 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,

3:56:49 to 3:57:02( Edit History Discussion )

Richard Lugar: one, annual reports on significant changes in the production by india of nuclear weapons or in types of amounts of fissile materials produced. two, whether india is in full compliance with the commitments

3:57:02 to 3:57:17( Edit History Discussion )

Richard Lugar: and obligations contained in the u.s.-india agreements and other documents. and, three, a requirement to identify and assess all compliance issues arising on india's commitments and obligations.

3:57:17 to 3:57:30( Edit History Discussion )

Richard Lugar: these reporting requirements will ensure that congress remains fully informed on developments related to the implementation of this agreement agreement. as we all know, it is the prerogative of congress to

3:57:30 to 3:57:46( Edit History Discussion )

Richard Lugar: review these treaties and take action should we ever determine that indian activities that the benefits of the agreement on u.s. national security interests endowed. in addition, the committee adopted an

3:57:46 to 3:58:05( Edit History Discussion )

Richard Lugar: amendment offered by senator lincoln 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

3:58:05 to 3:58:20( Edit History Discussion )

Richard Lugar: to or in any way encourage increases in production by india of fissile material for noncivillian purposes. the administration is in the midst of negotiations with india on a 123 agreement, and new delhi

3:58:20 to 3:58:36( Edit History Discussion )

Richard Lugar: 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 to approve its 45 member states to engage

3:58:36 to 3:58:55( Edit History Discussion )

Richard Lugar: 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

3:58:55 to 3:59:07( Edit History Discussion )

Richard Lugar: india's nuclear programs. 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

3:59:07 to 3:59:20( Edit History Discussion )

Richard Lugar: 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 agreement. the determinations

3:59:20 to 3:59:36( Edit History Discussion )

Richard Lugar: i described above were carefully drafted to balance and not upset the ongoing negotiations in vienna or those in the united states and india. we must not forget that congress will have a chance to

3:59:36 to 3:59:56( Edit History Discussion )

Richard Lugar: vote on the 123 agreement. s. 3709 provides congress with an up-or-down vote on this important agreement and fully protects congress's role in the process and ensures congressional views will be taken into

3:59:56 to 4:00:12( Edit History Discussion )

Richard Lugar: consideration.~ in conclusion, the bingaman amendment imposes an unacceptable precondition on civil nuclear cooperation with india. india will regard this as moving the goal posts, an unacceptable

4:00:12 to 4:00:26( Edit History Discussion )

Richard Lugar: 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 the executive and legislative power, nonproliferation

4:00:26 to 4:00:41( Edit History Discussion )

Richard Lugar: responsibilities, and the u.s.-india relationship. killer conditions such as these forfeit the united states' ability to influence indian behavior. while i understand this was not the intent of the distinguished

4:00:41 to 4:01:01( Edit History Discussion )

Richard Lugar: senator from new mexico, in my view, it is the practical effect. in sum, mr. president, the lugar-biden bill addresses the issues raised by this amendment without undercutting the agreement. unfortunately,

4:01:01 to 4:01:41( Edit History Discussion )

the bingaman amendment is a killer amendment, and i urge senators to oppose it. mr. president, i yield the floor. i suggest the absence of a quorum. the presiding officer: the clerk will call the roll.