S272 CONGRESSIONAL RECORD — SENATE January 11, 2009 

REPORT RELATIVE TO PROVISION 

OF ATOMIC INFORMATION TO 

BULGARIA, ESTONIA, LATVIA, 

LITHUANIA, ROMANIA, SLOVAKIA, AND SLOVENIA, AS RECEIVED DURING RECESS OF THE 

SENATE ON JANUARY 9, 2009— 

PM–1 

The PRESIDING OFFICER laid before the Senate the following message 

from the President of the United 

States, together with an accompanying 

report; which was referred to the Committee on Foreign Relations: 

To the Congress of the United States: 

I am pleased to transmit to the Congress, consistent with sections 123 and 

144 b. of the Atomic Energy Act, as 

amended (42 U.S.C. 2153 and 2164(b)), 

the text of the Agreement between the 

Parties to the North Atlantic Treaty 

for Co-operation Regarding Atomic Information, including a technical annex 

and security annex (hereinafter collectively referred to as the ATOMAL 

Agreement), as a proposed agreement 

for cooperation within the context of 

the North Atlantic Treaty Organization (NATO) between the United States 

of America and each of the following 

seven new members of NATO: the Republic of Bulgaria, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, Romania, the Slovak Republic, and the Republic of Slovenia, hereinafter the ‘‘New Parties.’’ I 

am also pleased to transmit my approval, authorization, and determination concerning the ATOMAL Agreement with respect to the New Parties, 

together with a copy of the memorandum of the Secretary of Defense 

with respect to the agreement. The 

ATOMAL Agreement entered into force 

on March 12, 1965, with respect to the 

United States and the other NATO 

members at that time. The Czech Republic, the Republic of Hungary, the 

Republic of Poland, and Spain subsequently became parties to the 

ATOMAL Agreement. The New Parties 

have signed this agreement and have 

indicated their willingness to be bound 

by it. The ATOMAL Agreement with 

respect to the New Parties meets the 

requirements of the Atomic Energy 

Act of 1954, as amended. While the 

ATOMAL Agreement continues in force 

with respect to the United States and 

the other current parties to it, it will 

not become effective as an agreement 

for cooperation authorizing the exchange of atomic information with respect to the New Parties until completion of procedures prescribed by sections 123 and 144 b. of the Atomic Energy Act of 1954, as amended. 

For more than 40 years, the ATOMAL 

Agreement has served as the framework within which NATO and the other 

NATO members that have become parties to this agreement have received 

the information that is necessary to an 

understanding and knowledge of and 

participation in the political and strategic consensus upon which the collective military capacity of the Alliance 

depends. This agreement permits only 

the transfer of atomic information, not 

weapons, nuclear material, or equipment. Participation in the ATOMAL 

Agreement will give Bulgaria, Estonia, 

Latvia, Lithuania, Romania, Slovakia, 

and Slovenia the same standing within 

the Alliance with regard to nuclear 

matters as that of the other current 

parties to the ATOMAL Agreement. 

This is important for the cohesiveness 

of the Alliance and will enhance its effectiveness. 

I have considered the views and recommendations of the Department of 

Defense and other interested agencies 

in reviewing the ATOMAL Agreement 

and have determined that its performance, including the proposed cooperation and the proposed communication 

of Restricted Data thereunder, with respect to the New Parties will promote, 

and will not constitute an unreasonable risk to, the common defense and 

security. Accordingly, I have approved 

the ATOMAL Agreement with respect 

to the New Parties and authorized the 

Department of Defense to cooperate 

with the New Parties in the context of 

NATO upon satisfaction of the requirements of section 123 of the Atomic Energy Act of 1954, as amended. 

The 60-day continuous session period 

provided for in section 123 begins upon 

receipt of this submission. 

GEORGE W. BUSH.

THE WHITE

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HOUSE, January 9, 2009. 

INTRODUCTION OF BILLS AND 

JOINT RESOLUTIONS 

The following bills and joint resolutions were introduced, read the first 

and second times by unanimous consent, and referred as indicated: 

By Mr. LEAHY (for himself and Mr. 

SPECTER): 

S. 200. A bill to authorize a cost of living 

adjustment for the Federal judiciary; to the 

Committee on the Judiciary. 

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ADDITIONAL COSPONSORS 

S. 197

At the request of Mr. FEINGOLD, the 

name of the Senator from Florida (Mr. 

MARTINEZ) was added as a cosponsor of 

S. 197, a bill to assist in the conservation of cranes by supporting and providing, through projects of persons and 

organizations with expertise in crane 

conservation, financial resources for 

the conservation programs of countries 

the activities of which directly or indirectly affect cranes and the ecosystem 

of cranes. 

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STATEMENTS ON INTRODUCED 

BILLS AND JOINT RESOLUTIONS 

By Mr. LEAHY (for himself and 

Mr. SPECTER): 

S. 200. A bill to authorize a cost of 

living adjustment for the Federal judiciary; to the Committee on the Judiciary. 

Today I am again introducing legislation to authorize cost of living adjustments, COLA, to the salaries of United 

States justices and judges. I thank 

Senator SPECTER for joining me as a 

cosponsor of this long overdue bill. 

This legislation would provide judges 

the COLA needed to keep pace with inflation. In the last Congress, I supported a cost of living increase for Federal judges; it was not enacted. We are 

introducing this measure early in this 

new Congress because of all Federal 

employees, judges were the only ones 

who did not receive a COLA in the continuing resolution passed last year. 

This bill responds in part to issues 

raised by Chief Justice Roberts in his 

‘‘Year End Report on the Federal Judiciary.’’ Chief Justice Roberts noted 

that ‘‘Judges knew what the pay was 

when they answered the call of public 

service. But they did not know that 

Congress would steadily erode that pay 

in real terms by repeatedly failing over 

the years to provide even cost-of-living 

increases.’’ The issue relates to judicial 

independence, which is critical for preserving our system of government and 

protecting the rights of all Americans. 

In 1975, Congress enacted the Executive Salary Cost-of-Living Adjustment 

Act, intended to give judges, Members 

of Congress and other high-ranking Executive Branch officials automatic 

COLAs as accorded other Federal employees unless rejected by Congress. In 

1981, Congress enacted Section 140 of 

Public Law 97–92, mandating specific 

congressional action to give COLAs to 

judges. With the end of the last Congress, however, the continuing resolution providing funding failed to suspend Section 140, thus ensuring that no 

COLA would be provided for Federal 

judges during the current fiscal year, 

unless additional action is taken now. 

Two years ago, the last time Congress 

missed making a scheduled cost-of-living adjustment for the judiciary, I 

sponsored remedial legislation, and it 

was enacted. We should do so again. 

This bipartisan legislation provides a 

COLA for Federal judges consistent 

with the law and with fairness. It is 

vital to the independence of the judiciary and the administration of justice 

that the Federal bench continues to attract, and keep, the most talented lawyers in the country. I have been dedicated as both Ranking Member and 

now Chairman of the Judiciary Committee to ensuring the independence of 

our judiciary. 

Some of us have tried over the years 

to improve the compensation of judges, 

and I intend again to do what I can to 

have Congress fairly evaluate this issue 

to see what solutions may be possible. 

I hope Congress and the President will 

reconsider this measure early this year 

and will do their duty when it comes to 

fair compensation for the independent 

judiciary. We can start now by taking 

up and passing this bill allowing for judicial COLAs. 


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