[Congressional Record Volume 154, Number 159 (Wednesday, October 1, 2008)]
[Senate]
[Pages S10290-S10291]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 UNITED STATES-INDIA NUCLEAR COOPERATION APPROVAL AND NONPROLIFERATION 
                            ENHANCEMENT ACT

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
resume consideration of H.R. 7081, the United States-India agreement.


                           Amendment No. 5683

  There is 2 minutes equally divided prior to a vote on the Bingaman-
Dorgan amendment No. 5683.
  The Senator from Connecticut is recognized.
  Mr. DODD. Mr. President, I ask unanimous consent that the 60-vote 
threshold on the Dorgan-Bingaman amendment No. 5683 be vitiated, unless 
the yeas and nays are ordered.

[[Page S10291]]

  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. DORGAN. Mr. President, the amendment I and Senator Bingaman have 
offered is to the India nuclear agreement. We both feel it is a flawed 
agreement that would result in the production of additional nuclear 
weapons on this planet, exactly the last thing we need. But I 
understand--and I think Senator Bingaman understands--that this Senate 
will likely approve this agreement by a wide margin this evening.
  Our amendment is relatively simple. It says that if India tests 
nuclear weapons, this agreement is nullified and we work to try to shut 
off supplies from the other supplier groups. The last thing we ought to 
allow is to have India begin testing nuclear weapons without 
consequence to the agreement that has been negotiated with India. Once 
again, let me point out that this agreement, I believe, will result in 
the production of additional nuclear weapons on this planet--the last 
thing we need.
  Our amendment is a very important amendment dealing with the 
prohibition of nuclear testing, and we hope our colleagues will be 
supportive.
  The PRESIDING OFFICER. Who seeks time?
  The Senator from Connecticut is recognized.
  Mr. DODD. Mr. President, first of all, I wish to thank Senator 
Richard Lugar and Senator Joseph Biden. Joe Biden is the chairman of 
the Foreign Relations Committee and he and Senator Lugar have worked on 
this for a long time. We have had five congressional hearings on that 
committee on the subject matter.
  I greatly respect my colleagues, Senator Dorgan and Senator Bingaman. 
However, I would point out to my colleagues that on this particular 
amendment they offer, the Atomic Energy Act, the Arms Support Control 
Act, the Hyde amendment, and this bill all have provisions in them that 
would allow us to respond should India decide to detonate a nuclear 
weapon.
  No one anywhere wants to see a further proliferation of nuclear 
weapons. India and the United States are the two largest democracies in 
the world. India is in a very tough and fragile neighborhood. It is 
important we develop and improve that relationship that has been a 
tense one since 1974.
  This agreement began with the work of President Clinton and was 
concluded by President Bush. We think it is an agreement worth 
supporting, and we urge our colleagues to do so and respectfully reject 
this amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 5683) was rejected.
  The PRESIDING OFFICER. Under the previous order, there is 2 minutes 
equally divided prior to a vote on passage of the bill.
  Who yields time? The Senator from Indiana.
  Mr. LUGAR. Mr. President, I ask all Senators to participate in a 
historic moment. This is an opportunity for the United States and India 
to come together in a way that historically is important for the world.
  India is a very important country for us, and this relationship is 
sealed in a very significant way by this agreement. We have tested it 
in the Foreign Relations Committee for 3 years, back and forth on the 
nonproliferation qualities. We had great testimony from our Secretary 
of State, strong advocacy from our President.
  We ask Senators to vote on this historic moment for a partnership 
that will be enduring, in my judgment, and will make a big difference 
in the history of the world.
  The PRESIDING OFFICER. Who yields time?
  The Senator from Connecticut.
  Mr. DODD. Mr. President, I have spoken. This is a very worthwhile 
bill. I commend Senator Lugar and Senator Biden for the tremendous work 
they have done on this legislation over an extended period of time.
  I ask for the yeas and nays and urge the adoption of the legislation.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on the third reading of the bill.
  The bill was ordered to a third reading and was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kennedy) is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 86, nays 13, as follows:

                      [Rollcall Vote No. 211 Leg.]

                                YEAS--86

     Alexander
     Allard
     Barrasso
     Baucus
     Bayh
     Bennett
     Biden
     Bond
     Brownback
     Bunning
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dodd
     Dole
     Domenici
     Durbin
     Ensign
     Enzi
     Feinstein
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johnson
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Levin
     Lieberman
     Lincoln
     Lugar
     Martinez
     McCain
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reid
     Roberts
     Rockefeller
     Salazar
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thune
     Vitter
     Voinovich
     Warner
     Webb
     Wicker
     Wyden

                                NAYS--13

     Akaka
     Bingaman
     Boxer
     Brown
     Byrd
     Conrad
     Dorgan
     Feingold
     Harkin
     Leahy
     Reed
     Sanders
     Whitehouse

                             NOT VOTING--1

       
     Kennedy
       
  The PRESIDING OFFICER. Pursuant to the previous order, the bill 
having attained 60 votes in the affirmative, the bill is passed.
  Mr. DURBIN. Mr. President, I move to reconsider the vote and to lay 
that motion on the table.
  The motion to lay on the table was agreed to.

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