.

The House Energy and Commerce Committee has posted on its website all the amendments offered, and actions taken, during the energy bill markup.

This information can be reached through the following link:

http://energycommerce.house.gov/108/Markup...5markup1473.htm




.

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Politician's Assistance Came After Donation
--------------------

Senate leader Don Perata made inquiries for a West Hollywood billboard company that gave $25,000 to an initiative he supported.

By Ted Rohrlich and Dan Morain
Times Staff Writers

April 16 2005

California Senate President Pro Tem Don Perata (D-Oakland) intervened in a dispute with regulators to help a West Hollywood company maintain lucrative billboards on freeways in Los Angeles and Orange counties, records show.

The complete article can be viewed at:
http://www.latimes.com/news/local/la-me-pe...,0,912856.story

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Lawmakers Look to Energy Bill to Douse Public Fire Over Gas Prices
--------------------

The GOP is pushing a measure to encourage U.S. oil production by giving tax breaks. Some senators are calling on Bush to pressure OPEC.

By Richard Simon
Times Staff Writer

April 16 2005

WASHINGTON; House Speaker J. Dennis Hastert (R-Ill.) was looking for relief when he recently went to the hospital for painful kidney stones. In the process, he confronted an increasing political concern on Capitol Hill — public anger over high gas prices.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

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Medicaid Fight Threatens Budget
--------------------

By Joel Havemann
Times Staff Writer

April 16 2005

WASHINGTON; A letter signed by 44 House Republicans protesting proposed Medicaid cuts emerged Friday as a serious threat to plans by President Bush and GOP leaders to curtail spending on a range of benefit programs.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

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Army Awaits Emergency Aid as Senate Tacks Pet Projects to Bill
--------------------

The House is expected to also pack on pork when the $80.6-billion spending measure reaches it, further slowing war-zone funds.

By Mary Curtius
Times Staff Writer

April 17 2005

WASHINGTON; Two months ago, President Bush urged Congress to act quickly on an $82-billion emergency spending bill needed to fund military operations in Iraq and Afghanistan.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

With Changes to House Ethics Rules, Standoff May Emerge
By CARL HULSE
The escalating partisan clash over the ethics process has
paralyzed the House ethics panel at a moment of intense
scrutiny of Representative Tom DeLay's conduct.

http://www.nytimes.com/2005/04/18/politics....html?th&emc=th

Father First, Senator Second

By Mark Leibovich

In his Senate office, on a shelf next to an autographed baseball, Sen. Rick Santorum keeps a framed photo of his son Gabriel Michael, the fourth of his seven children. Named for two archangels, Gabriel Michael was born prematurely, at 20 weeks, on Oct. 11, 1996, and lived two hours outside the womb.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/artic...er=emailarticle

DeLay Issues Broad Denial Of Ethics Violations

By Mike Allen

House Majority Leader Tom DeLay (R-Tex.), in his first detailed written response after weeks of questions about his dealings with lobbyists and handling of ethics matters, issued a broad denial that he violated any law or House rule in accepting trips abroad, and he implored supporters back home to accept his version of what he called "the real story."

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/artic...er=emailarticle

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DeLay Letter Cites Democrats' 'Hate'
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House majority leader says he's being targeted in an effort to damage the conservative agenda.

By Richard Simon
Times Staff Writer

April 19 2005

WASHINGTON; House Majority Leader Tom DeLay (R-Texas), dogged by questions about his ethics, is fighting back by telling supporters that Democrats have targeted him in an effort to derail the conservative agenda.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

Senate Panel Delays Vote on Bolton San Francisco Chronicle

http://www.nytimes.com/2005/04/22/politics...059&partner=AOL

With Party-Line Vote, Committee Sends Two Judicial Nominees to Senate
Neil Lewis

http://www.nytimes.com/2005/04/22/politics...059&partner=AOL

House Votes to Approve Broad Energy Legislation

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House Passes Energy Bill Amid Cost Concerns
--------------------

Broad legislation aimed to boost U.S. production is approved 249 to 183. But its price tag may be a problem in the Senate.

By Richard Simon
Times Staff Writer

April 22 2005

WASHINGTON; Despite concerns about the bill's rising cost, the House on Thursday passed legislation sought by President Bush to overhaul U.S. energy policy.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

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Votes on Judgeships Move Senate Closer to Going 'Nuclear'
--------------------

By Maura Reynolds
Times Staff Writer

April 22 2005

WASHINGTON; The Senate moved closer Thursday to a constitutional confrontation over how to choose federal judges after a committee approved two of President Bush's controversial judicial nominees.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

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2 Evangelicals Want to Strip Courts' Funds
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Taped at a private conference, the leaders outline ways to punish jurists they oppose.

By Peter Wallsten
Times Staff Writer

April 22 2005

WASHINGTON; Evangelical Christian leaders, who have been working closely with senior Republican lawmakers to place conservative judges in the federal courts, have also been exploring ways to punish sitting jurists and even entire courts viewed as hostile to their cause.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

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Senate Approves $81 Billion for War Costs
--------------------

From Associated Press

April 22 2005

WASHINGTON; The Senate on Thursday overwhelmingly approved $81 billion for the wars in Iraq and Afghanistan in a spending bill that would push the total cost of combat and reconstruction past $300 billion.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/wo...headlines-world

Senate GOP Sets Up Filibuster Showdown

By Charles Babington and Dan Balz

Moving the Senate closer to a historic confrontation, the Republican-controlled Judiciary Committee yesterday endorsed two of President Bush's most controversial nominees to federal appellate court, and Democrats vowed once again to use the filibuster to block their confirmation.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/artic...er=emailarticle

Panel to Start Writing Social Security Bill

By Jonathan Weisman

Five months after President Bush launched his drive to overhaul Social Security, the difficult, if not impossible, task of drafting legislation begins Tuesday when the Senate Finance Committee holds the first hearing on options to secure Social Security's future.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/artic...er=emailarticle

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Frist Initiative Creates Rift in GOP Base
--------------------

By Tom Hamburger and Peter Wallsten
Times Staff Writers

April 24 2005

WASHINGTON; Senate Majority Leader Bill Frist will draw a chorus of amens tonight when thousands of evangelicals across the nation hear his call to put more conservative judges on the federal bench.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...0,5582429.story

http://www.guardian.co.uk/worldlatest/stor...4959826,00.html

First Defends Effort to End Filibusters

GOP Stressing Constitution in Judge Battle San Francisco Chronicle

Conservative Southern Dems Disappearing

By JEFFREY McMURRAY

WASHINGTON -- In consecutive days last month, Alabama lost two legends from a disappearing movement _ Southern Democrats who were powerful in Washington because of their party's majority and powerful back home because of their tendency to buck it.

Look around Congress these days and you'll find few conservative Democrats in the mold of the late Sen. Howell Heflin or Rep. Tom Bevill. Those who remain are almost as likely to represent the Midwest or Great Plains as the once-solid South.

According to Congressional Observer Publications, only one current House member voted against his party at least a third of the time last year. That was Democratic Rep. Collin Peterson of Minnesota.

In 1998, there were 13 in that category, including eight Southerners, and three of them opposed Democratic leaders more than half the time.

Virtually all those maverick-more-than-not lawmakers have either joined the Republican Party or retired. Most dramatic of all was retired Democratic Sen. Zell Miller of Georgia, the keynote speaker at the 2004 Republican National Convention, who voted with President Bush's party a staggering 94 percent of the time last year.

Merle Black, an Emory University political scientist, says more than 80 percent of white conservatives in the South now belong to the Republican Party, and only 10 percent are Democrats.

Unlike in the past, when seniority alone dictated leadership positions for the party, Black says parties now hand-pick their committee leaders. For Democrats, he said, that means the rewards tend to go more often to liberals.

"It's almost impossible to have a leadership position in the House Democratic Party if one behaves as a conservative," Black said.

Remaining Southern Democrats with conservative voting records would argue that the movement made famous by Heflin and Bevill and resurrected by Miller is alive and well. But even they acknowledge times are different.

For one thing, Republicans have ruled the chamber for more than a decade. Thus, some conservative Democrats in search of majority clout have found it through switching parties. Of the 15 congressional Democrats who became Republicans in the last 25 years, 13 of them are from the South.

Others scoff at that idea.

"I'd rather be in the minority the rest of my life than sell my convictions down the river," said Rep. Mike Ross, D-Ark.

"Sometimes I don't think my leadership gets it," said Rep. Bud Cramer, D-Ala. "If they're to really stand the chance to take the House back, they've got to leave those members plenty of room to vote where their district is coming from rather than where the national party is coming from."

Republican Sen. Richard Shelby of Alabama, a former Democrat, has encouraged Cramer for years to follow in his footsteps. Cramer says he's not uncomfortable enough with his party right now to take that leap.

Arkansas provides Democrats a model for broadening their Southern base. In 2000, the state's six-member congressional delegation was split _ three Republicans and three Democrats. But Ross and Sen. Mark Pryor upset Republican incumbents, giving Arkansas Democrats their current 5-1 majority.

Arkansas and West Virginia are now the only Southern states where congressional delegations aren't dominated by Republicans.

Now in their ninth terms, Reps. John Tanner of Tennessee and Gene Taylor of Mississippi are two of the longest-serving conservative Democrats from Southern states. By the numbers, however, their voting records seem to be trending less conservative. Taylor bucked his party about 32 percent of the time last year, compared with 53 percent in 1998.

Tanner says the change in his voting record, less dramatic than Taylor's, is because Democrats have heeded the wisdom of successful Southerners and moved to the right, particularly on financial matters.

"The party has shifted _ I haven't," Tanner said. "You have liberals now talking about balancing the budget. They're not doing it for the same reasons I am, but the vote looks the same on paper."

Still, many Southern Democrats complain their party hurts its chances down South by choosing liberal national leaders, such as Nancy Pelosi of California.

Rep. Harold Ford, D-Tenn., a conservative Democrat who challenged Pelosi for the party's top House job in 2002, says the problem is not the leadership, but the failure of Southern Democrats to demonstrate that they're not always in lockstep with those leaders.

"The national image of the Democratic Party does not sell well in the South," Ford said. "However, the position of national Democrats on fiscal matters, ironically, is more in line with where voters are. We have to do a better job of telling that story."

In some states, Republicans have reduced the comfort level for conservative Democrats by redrawing their districts. Eight from Texas resigned, switched parties or lost their seats last year because of redistricting, and Georgia's Republican Legislature is pushing the same process now with hopes of adding to the party's 7-6 advantage in the House.

Rep. Jim Marshall, a moderate Democrat who represents a middle Georgia district that could be affected, is confident he can win back his seat. The losers, he says, are the voters, because districts that once were considered toss-ups are being redrawn to lean heavily toward one party or the other.

As a result, the South is arguably no more likely to elect a Democrat to Congress from a Republican-leaning district than anywhere else. Signs of that are found in the membership of the Blue Dog Coalition, a fiscally conservative group of House Democrats. Of its 35 current members, less than half are from the South.

http://www.washingtonpost.com/ac2/wp-dyn/e...er=emailarticle

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House Vote May Protect Medicaid
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Negotiators are told to resist cuts in favor of a study on curbing the program's growth.

By Joel Havemann
Times Staff Writer

April 27 2005

WASHINGTON; The House all but guaranteed Tuesday that Medicaid would be exempt from budget cuts this year by instructing its negotiators to oppose trimming the program when they meet with senators to work out a compromise fiscal 2006 budget resolution.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

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Republicans Reject Democrats' Offer to Settle Judicial Dispute
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The deal would allow votes on three nominees. But the GOP says it's focusing on future picks.

By Maura Reynolds
Times Staff Writer

April 27 2005

WASHINGTON; Senate Republicans on Tuesday rebuffed a Democratic overture aimed at ending a confrontation over federal judges, saying that any agreement must include a pledge not to filibuster future nominees — especially Supreme Court nominees.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

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Senate GOP Starts Work on Social Security
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As hearings on possible changes get underway, Republicans face almost universal opposition to private accounts from Democratic lawmakers.

By Joel Havemann and Richard Simon
Times Staff Writers

April 27 2005

WASHINGTON; The drive to overhaul Social Security shifted Tuesday from town halls to Capitol Hill as Senate Republicans launched an effort to write legislation that would revamp the retirement program.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

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Hastert to Move to End Ethics Impasse, Aides Say
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The House speaker may bite the bullet and allow a floor vote to undo rule changes that prompted a Democratic boycott of the committee.

By Mary Curtius
Times Staff Writer

April 27 2005

WASHINGTON; Sometime this week, the most powerful man in the House of Representatives is expected to take the rare and politically painful step of acknowledging he made a mistake.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

GOP to Reverse Ethics Rule Blocking New DeLay Probe

By Mike Allen

House Republican leaders, acknowledging that ethics disputes are taking a heavy toll on the party's image, decided yesterday to rescind a controversial rule change that led to the three-month shutdown of the ethics committee, according to officials who participated in the talks.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/conte...er=emailarticle

Filibuster Rule Change Opposed

By Richard Morin and Dan Balz

As the Senate moves toward a major confrontation over judicial appointments, a strong majority of Americans oppose changing the rules to make it easier for Republican leaders to win confirmation of President Bush's court nominees, according to the latest Washington Post-ABC News poll.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/conte...er=emailarticle

Where Does the Bean Soup Fit In?

By Dana Milbank

The Social Security debate finally arrived in Congress yesterday, and it immediately became a food fight.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/conte...er=emailarticle

Republicans Refuse Offer On Judges

By Charles Babington

Senate Republicans rejected a Democratic offer to resolve an impasse over judicial nominees yesterday, as members of both parties said they are under strong pressure from interest groups to hold their ground.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/conte...er=emailarticle

GOP May Be Splintering on Social Security

By Jonathan Weisman and Michael A. Fletcher

A badly divided Senate Finance Committee yesterday held the first hearing examining President Bush's efforts to restructure Social Security. While the Democrats remained united in their opposition, there were signs of cracks in the Republicans' support for the president.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/conte...er=emailarticle

GOP weighs retreat on ethics committee MSNBC

http://news.findlaw.com/ap/o/51/04-27-2005...0436919c25.html

House passes bill making it illegal to take minors across state lines for abortions

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House Votes to Rescind Ethics Rules
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Republicans back off from the controversial committee changes they had forced in January. A new investigation of DeLay could follow.

By Mary Curtius
Times Staff Writer

April 28 2005

WASHINGTON; The House overwhelmingly repealed controversial rules Wednesday night that had kept its ethics committee from functioning, a vote expected to pave the way for a new investigation of House Majority Leader Tom DeLay (R-Texas).

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

Reversing ethics rule changes shows House GOP leaders learn slowly Allentown Morning Call

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BUDGET MAKERS AGREE TO CUT BILLIONS IN MEDICAID SPENDING
By Brian DeBose
THE WASHINGTON TIMES
-----------------------------------------------------------
Congressional budget makers agreed to follow a recommendation by the nation's governors and cut at least $8.6 billion in Medicaid spending next year, a rare move because Congress usually is leery of touching entitlement spending programs.

Sen. Judd Gregg, New Hampshire Republican, and Rep. Jim Nussle, Iowa Republican, head of their respective bodies' budget committees, said in a brief bicameral conference meeting yesterday that before a final budget bill is crafted, the proposed $2.6 trillion fiscal year 2006 budget must reflect a commitment to entitlement cuts.

"Our goal will be to pass a bill that addresses the major issues: controlling the growth of entitlement spending, which represents 59 percent of the budget ... controlling the growth in discretionary spending and having reasonable enforcement of our limits," Mr. Gregg said.

President Bush asked Congress to find $20 billion total in all entitlement programs savings this year. But Sen. Gordon H. Smith, Oregon Republican, got legislation passed that creates a bipartisan panel to study reforms and the effects that any cuts would have on the states' ability to provide health services.

House members, concerned about how their constituents will react to any perceived cuts to the nation's primary indigent health care program, seized on the Senate position and this week voted 348-72 to instruct its budget negotiators to support the creation of the commission.

"[Tuesday's] vote was somewhat of a pretense," said House Minority Whip Steny H. Hoyer, Maryland Democrat. "Watch what they do, not what they say. The rhetoric sounds good, but the Medicaid cuts still are coming.

Virginia Gov. Mark Warner, as chairman of the National Governors Association, crafted a bipartisan reform plan that streamlines administrative costs, including revising payment options and accounting policies. The plan is expected to save about $8.6 billion, according to House budget staff members.

Mr. Hoyer said relying on the governors' plan is a pretty "lame excuse" to ignore the bicameral votes to hold off on any action until the commission study is completed. "I have not spoken to Mark, but [Republicans] have no plan; what they are doing is cutting benefits first and then maybe come up with a plan later," he said.

But Mr. Nussle and Mr. Gregg said they have found comfort in the fact that state governors are behind them.

"The governors have come forward with about $8 billion worth of savings that can be achieved this year," Mr. Nussle said.

Mr. Gregg added that the governors actually were "ahead of [Congress], as they so often are."

Budget talks also have stalled because of the proposed $18 billion presidential request to increase pension premiums paid by the private sector to the Pension Benefit Guaranty Corp. (PBGC), the government-backed pension insurance system that operated at a $23.3 billion deficit last year.

Mr. Gregg wouldn't give specifics on the matter, but said both chambers are expected to reach a consensus on halving the president's request to about $9 billion in increases to the premiums.

All pension plans have to pay a flat premium of $19 per worker annually to the PBGC. Mr. Bush wants to raise that to $30 per worker.

Some fear that raising the premiums that employers pay to insure their pension programs could result in businesses either freezing or eliminating matching funds toward employee retirement.

"Our optimal situation would be not to have any PBGC increases in the budget because we believe it should be part of a comprehensive pension reform, but we would argue that the Senate number is more reasonable than the House version," said Aliya Wong, director of pension policy at the U.S. Chamber of Commerce.

The Senate bill wants a $5.3 billion increase with $2 billion going to the PBGC flat-rate premium. The House bill has a $21 billion increase with $18.1 billion allocated to the fund.

Both chambers are at odds on military and domestic discretionary spending. The Senate wants an $899 billion spending cap; the House calls for an $893 billion cap. Among the sticking points in discretionary domestic spending are which farm subsidies should be cut next year and the funding level for veterans health programs.

The Washington Times Insider (http://insider.washtimes.com/articles/normal.php?StoryID=20050428-122353-9795r)

Budget Deal Sets Stage for Arctic Drilling And Tax Cuts

By Jonathan Weisman

House and Senate negotiators reached agreement yesterday on a five-year, $14 trillion budget that would pave the way for oil drilling in parts of an Alaskan wildlife refuge, a new round of tax cuts and the first curbs on entitlements for the poor in nearly a decade.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/conte...er=emailarticle

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DeLay Faces Lengthy Inquiry
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Experts say the restored House ethics panel is certain to examine the majority leader's foreign trips, and the stakes will be high for both sides.

By Mary Curtius
Times Staff Writer

April 29 2005

WASHINGTON; After months of published reports raising questions about his overseas travels, House Majority Leader Tom DeLay (R-Texas) says he is looking forward to proving his innocence to a revived House ethics committee.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

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GOP's Budget Deal Cuts Programs, and Taxes
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House and Senate OK a rare curb in entitlement growth and pave way for Alaska refuge drilling.

By Janet Hook
Times Staff Writer

April 29 2005

WASHINGTON; Congress passed a 2006 budget blueprint Thursday, drafted by Republicans, that calls for new belt-tightening in major domestic programs, even as it allows $106 billion more in tax cuts and leaves a $382-billion deficit.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...0,1584736.story

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Democrats Reject Deal on Judges
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Senate Majority Leader Bill Frist's offer of 100 hours to debate before a vote may be a final gesture before the GOP changes filibuster rules.

By Maura Reynolds
Times Staff Writer

April 29 2005

WASHINGTON; In a piece of parliamentary choreography that moves the Senate closer to confrontation, Majority Leader Bill Frist (R-Tenn.) offered Thursday to give Democrats 100 hours to debate judicial nominees on the condition that they then permit a vote on each nominee.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...0,7876199.story

Experts See Problems for DeLay

By Jeffrey H. Birnbaum

Now that it's clear that his controversial private-paid trips abroad will be put under a microscope in Congress, Tom DeLay is in serious danger of being declared in violation of House ethics rules, legal experts say.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/conte...er=emailarticle

They think It's All About Them... johnkerry.com

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Two Former Aides to DeLay Paved Way for Lobbyist's Deal
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Their work on Saipan helped get a contract for a lawyer now the target of a corruption probe.

By Walter F. Roche Jr. and Chuck Neubauer
Times Staff Writers

May 6 2005

SAIPAN, Northern Mariana Islands; Two former top aides of House Majority Leader Tom DeLay's brokered a political deal here five years ago that helped land island government contracts worth $1.6 million for a Washington lobbyist now the target of a federal corruption probe.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...0,5101857.story

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House Approves $82-Billion War Spending Bill
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The measure, cleared by a 368-58 vote, includes a much-contested driver's license provision.

By Richard Simon
Times Staff Writer

May 6 2005

WASHINGTON; The House approved an $82-billion war spending bill Thursday that included a controversial provision designed to pressure states into denying driver's licenses to illegal immigrants.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...eadlines-nation

http://www.journalstar.com/articles/2005/0...a8692008923.txt

House approves $82 billion for Iraq, Afghanistan

House Panel Receives Detailed Spending Plan for '06

By Jonathan Weisman

Federal land conservation and environmental programs would bear the brunt of budget cuts next year under budget limits sent to the House Appropriations Committee's spending panels.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/conte...er=emailarticle

DeLay Calls for Greater Humility

By Mike Allen

House Majority Leader Tom DeLay (R-Tex.) delivered an emotional homily yesterday on the need for greater humility in public servants, declaring himself a sinner before a largely Christian audience and warning that pride has brought down leaders throughout history.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/conte...er=emailarticle

http://www.sfgate.com/cgi-bin/article.cgi?...L&sn=023&sc=582

House Roll Call on $82B Iraq Spending Bill

Increasingly Embattled, DeLay Scales Back Usual Power Plays

By John F. Harris and Mike Allen

In the euphemism favored on Capitol Hill, House Majority Leader Tom DeLay is "not staff driven." Translation: He is used to doing what he wants.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/conte...er=emailarticle

A Critical Conference
Testimony by Joseph Cirincione before the Subcommittee on International Terrorism and Nonproliferation

On April 28, 2005, Carnegie Director for Non-Proliferation Joseph Cirincione testified before the U.S. House of Representatives Committee on International Relations, Subcommittee on International Terrorism and Nonproliferation. His testimony, "A Critical Conference," was part of the hearing on "Previewing the Nuclear Nonproliferation Treaty."
A Critical Conference

Thank you, Chairman Royce, Congressman Sherman and Members of the Committee for the privilege of testifying before you today.

History moves slowly, but when we look back we often can see critical points—events where change was developing in one direction before the event and in a different direction after. Over the next few years, we can anticipate several such tipping points for nonproliferation policy, including Iran, North Korea, the procedures governing the nuclear fuel cycle, and the Review Conference for the Non-Proliferation Treaty (NPT). How we resolve the issues around these events will determine whether we continue to make progress in reducing and eliminating the threats from nuclear weapons, or if we begin a new, dangerous wave of nuclear proliferation.

How can a mere conference, particularly one that is not empowered to actually do anything, make such a critical difference? It is because of the context in which this conference takes place. This review conference comes at a particularly unstable moment. There are growing doubts about the sustainability of the entire nonproliferation regime, about America’s commitment to that regime, and even about the legitimacy of U.S. leadership in the world.

The majority of countries feel that the five original nuclear weapons states (the United States, Russia, the United Kingdom, France and China) do not intend to fulfill their end of the NPT bargain—the pledge to eliminate nuclear weapons. That growing conviction erodes the willingness among members of this majority to live up to their side of the bargain—much less to agree to strengthen the regime.

Today’s greatest threat stems from the wide availability –which the existing rules allow-of highly enriched uranium (HEU) and plutonium, the fissile materials that are the fuel of nuclear weapons. These materials have become more accessible to terrorists because of the collapse of the Soviet Union and poor security at nuclear stockpiles in the former Soviet republics and in dozens of other countries.

There is also the danger that new nations could acquire nuclear weapons by exploiting the NPT’s failure to define specifically what constitutes the "peaceful" application of nuclear capabilities to which non-nuclear-weapon states commit themselves. As the treaty has been interpreted, countries can acquire technologies that bring them to the very brink of nuclear weapon capability without explicitly violating the agreement, and can then leave the treaty without penalty.

This is a moment where American leadership is essential. American leadership forged the NPT and built it into the most successful security pact in the history of the world. It has not worked perfectly, but before the treaty there were 23 nations that had nuclear weapons, were conducting weapon-related research, or were debating the pursuit of weapons. Today there are only 10, including North Korea and Iran. With the active support of previous U.S. presidents, the treaty has grown into an interlocking network of agreements and controls that provide nations with many of the necessary tools to block the spread of nuclear weapons.

The danger today is that many nations see American support for the treaty waning. They sense antipathy, even hostility, towards the treaty and an unwillingness to consider their views. If the NPT Review Conference ends in disagreement, if it fails to produce a consensus document, many nations will see this as a sign that the regime is unraveling. They may begin to hedge their bets. Nations with ample technological ability to develop nuclear weapons may be reconsidering their political decisions not to do so. India, Pakistan and Israel—the three nuclear weapon states outside the NPT—may become more resistant to coming into conformity with nonproliferation norms and security procedures.

This conference will also play a critical role in resolving the crisis with Iran. The Iranian delegation will come into the conference with one objective: to isolate the United States. They will position themselves as the defender of the right of nations to the peaceful uses of nuclear technology (as guaranteed under Article IV). They may even acknowledge some past "mistakes" in not reporting their nuclear activities, but firmly argue that they are now ready to accept any and all safeguards over their production of fuel for their nuclear reactors. They will say that Iran is willing to play by the rules—and that it is the United States that is trying to unilaterally change the rules and deny developing nations access to the energy source of the future. If the conference ends in discord, and if the United States is seen as responsible for this failure, Iran’s strategy will have succeeded. It will become even more difficult to restrain Iran’s program or to win majority approval for sanctions or other punitive actions against Iran when this crisis reaches its likely boiling point this summer and fall.

It is vital that the United States come into the conference next week with a high-level commitment to achieving a positive outcome to the conference. Secretary of State Condoleezza Rice should be encouraged to deliver the opening remarks for the United States. The secretary would be the perfect representative to deliver the U.S. position to the conference and to prepare the ground for the hard work of negotiations in the coming weeks.

Our objective should not be to simply to avoid disaster, or to have a good series of discussions at the conference, or to produce a bland, lowest common denominator final document. None of these will do the job. All of them could, in the coming months, be seen by other nations as a sign that the treaty is eroding. Rather, the conference should be and could be an opportunity for a powerful, positive new charge to revitalize the regime and American leadership of it. It is not too late.

There is no better guidance for the kinds of positive steps that could come out of the conference than those proposed in House Concurrent Resolution 133, sponsored by Representatives Spratt, Leach, Markey, Skelton, Shays, and Tauscher, and now before the Committee. These members recommend that the Congress call on all parties participating in the conference to make good faith efforts to:

establish more effective controls on critical technologies that can be used to produce materials for nuclear weapons;
ensure universal adoption of the Additional Protocol to the NPT and support the authority and ability of the International Atomic Energy Agency to inspect and monitor compliance with nonproliferation rules and standards;
conduct vigorous diplomacy and use collective economic leverage to halt uranium enrichment and other nuclear fuel cycle activities in Iran, and verifiably dismantle North Korea's nuclear weapons capacity;
conduct diplomacy to address the underlying regional security problems in Northeast Asia, South Asia, and the Middle East, which would facilitate nuclear nonproliferation efforts in those regions;
accelerate programs to eliminate nuclear weapons, including their fissile material, and to safeguard nuclear weapons-grade fissile materials to the highest standards in order to prevent access by terrorists or other states, decrease and ultimately end the use of highly enriched uranium in civilian reactors, and strengthen national and international export controls and material security measures as required by United Nations Resolution 1540;
establish procedures to ensure that a state cannot retain access to controlled nuclear materials, equipment, technology, and components acquired for peaceful purposes or avoid sanctions imposed by the United Nations for violations of the NPT by withdrawing from the NPT, whether or not such withdrawal is consistent with Article X of the NPT
implement the disarmament obligations and commitments of the parties that are related to the NPT by—
further reducing the size of their nuclear stockpiles (including reserves);
taking all steps to improve command and control of nuclear weapons in order to eliminate the chances of an accidental or unauthorized use of nuclear weapons;
continuing the moratorium on nuclear test explosions, and, for those parties who have not already done so, taking steps to ratify the Comprehensive Test Ban Treaty;
pursuing an agreement to verifiably halt the production of fissile materials for weapons;
reaffirming existing pledges to non-nuclear-weapon state members of the NPT that they will not be subjected to nuclear attack or threats of attack; and
undertaking a rigorous and accurate accounting of substrategic nuclear weapons and negotiating an agreement to verifiably reduce such stockpiles.


These recommendations reflect the widespread views of many nonproliferation experts.

I have attached the text of Resolution 133 to my testimony. I have also attached the joint statement of 23 former officials and experts on their recommendations for the NPT conference. The group of former cabinet members, ambassadors and experts agrees that the NPT's future success depends on "universal compliance with tighter rules to prevent the spread of nuclear weapons, more effective regional security strategies, and renewed progress toward fulfillment of... disarmament obligations." The statement was signed by former Secretary of State Madeleine K. Albright, former Secretary of Defense William J. Perry, former Secretary of Defense Robert D. McNamara, former Chairman of the House Foreign Affairs Committee Lee Hamilton, President of the Carnegie Endowment Jessica T. Mathews, and others.

I have also attached a short summary of recommendations from the new Carnegie Endowment for International Peace study, Universal Compliance: A Strategy for Nuclear Security, by George Perkovich, Jessica Mathews, Rose Gottemoeller, Jon B. Wolfsthal and myself. This study is available in full at: www.ProliferationNews.org.

Thank you again for the opportunity to present these thoughts to the Committee. I look forward to any questions you may have.