[Congressional Record Volume 152, Number 130 (Thursday, November 16, 2006)]
[Senate]
[Pages S11077-S11086]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           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,

[[Page S11078]]

     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 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

[[Page S11079]]

     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 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

[[Page S11080]]

     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.

       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

[[Page S11081]]

     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--
       (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.

[[Page S11082]]

     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 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

[[Page S11083]]

     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.
                                 ______
                                 
  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

[[Page S11084]]

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 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

[[Page S11085]]

     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) 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 Government of Iran no longer supports acts 
     of international terrorism, as determined by the Secretary of 
     State under section 620A of

[[Page S11086]]

     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''.

                          ____________________