S.Amdt. 5177

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

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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''.

____________________