[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5682 Engrossed in House (EH)]
109th CONGRESS
2d Session
H. R. 5682
_______________________________________________________________________
AN ACT
To exempt from certain requirements of the Atomic Energy Act of 1954 a
proposed nuclear agreement for cooperation with India.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Henry J. Hyde United States and
India Nuclear Cooperation Promotion Act of 2006''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) preventing the proliferation of nuclear weapons, other
weapons of mass destruction, the means to produce them, and the
means to deliver them are critical objectives for United States
foreign policy;
(2) sustaining the NPT and strengthening its
implementation, particularly its verification and compliance,
is the keystone of United States nonproliferation policy;
(3) the NPT has been a significant success in preventing
the acquisition of nuclear weapons capabilities and maintaining
a stable international security situation;
(4) countries that have never become a party to the NPT and
remain outside that treaty's legal regime pose a potential
challenge to the achievement of the overall goals of global
nonproliferation, because those countries have not undertaken
the NPT's international obligation to prohibit the spread of
dangerous nuclear technologies;
(5) it is in the interest of the United States to the
fullest extent possible to ensure that those countries that are
not NPT members are responsible with any nuclear technology
they develop;
(6) it is in the interest of the United States to enter
into an agreement for nuclear cooperation as set forth in
section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153)
with a country that has never been an NPT member with respect
to civilian nuclear technology if--
(A) the country has demonstrated responsible
behavior with respect to the nonproliferation of
technology related to weapons of mass destruction
programs and the means to deliver them;
(B) the country has a functioning and uninterrupted
democratic system of government, has a foreign policy
that is congruent to that of the United States, and is
working with the United States in key foreign policy
initiatives related to non-proliferation;
(C) such cooperation induces the country to
implement the highest possible protections against the
proliferation of technology related to weapons of mass
destruction programs and the means to deliver them, and
to refrain from actions that would further the
development of its nuclear weapons program; and
(D) such cooperation will induce the country to
give greater political and material support to the
achievement of United States global and regional
nonproliferation objectives, especially with respect to
dissuading, isolating, and, if necessary, sanctioning
and containing states that sponsor terrorism and
terrorist groups, that are seeking to acquire a nuclear
weapons capability or other weapons of mass destruction
capability and the means to deliver such weapons;
(7)(A) India meets the criteria described in paragraph (6);
and
(B) it is in the national security interest of the United
States to deepen its relationship with India across a full
range of issues, including peaceful nuclear cooperation;
(8) the South Asia region is so important that the United
States should continue its policy of engagement, collaboration,
and exchanges with and between India and Pakistan; and
(9) the United States Government, pursuant to the
restrictions in this Act, shall not participate in, or
contribute to, the manufacture or acquisition of nuclear
weapons or nuclear explosive devices.
SEC. 3. STATEMENTS OF POLICY.
(a) In General.--The following shall be the policies of the United
States:
(1) Oppose the development of a capability to produce
nuclear weapons by any non-nuclear weapon state, within or
outside of the Treaty on the Non-Proliferation of Nuclear
Weapons (21 UST 483; commonly referred to as the ``Nuclear Non-
Proliferation Treaty'' or the ``NPT'').
(2) Encourage states party to the NPT to interpret the
right to ``develop research, production and use of nuclear
energy for peaceful purposes'', as described in Article IV of
the NPT, as being a qualified right that is conditioned by the
overall purpose of the NPT to prevent the spread of nuclear
weapons and nuclear weapons capability, including by refraining
from all nuclear cooperation with any state party that has not
demonstrated that it is in full compliance with its NPT
obligations, as determined by the IAEA.
(3) Strengthen the Nuclear Suppliers Group guidelines
concerning consultation by members regarding violations of
supplier and recipient understandings by instituting the
practice of a timely and coordinated response by NSG members to
all such violations, including termination of nuclear transfers
to an involved recipient, that discourages individual NSG
members from continuing cooperation with such recipient until
such time as a consensus regarding a coordinated response has
been achieved.
(b) With Respect to South Asia.--The following shall be the
policies of the United States with respect to South Asia:
(1) Achieve a moratorium on the production of fissile
material for nuclear explosive purposes by India, Pakistan, and
the People's Republic of China at the earliest possible date.
(2) Achieve, at the earliest possible date, the conclusion
and implementation of a treaty banning the production of
fissile material for nuclear weapons to which both the United
States and India become parties.
(3) Secure 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 Control Lists of the
Wassennaar Arrangement;
(D) demonstration of satisfactory progress toward
implementing the decision described in subparagraph
(C); and
(E) ratification of or accession to the Convention
on Supplementary Compensation for Nuclear Damage, done
at Vienna on September 12, 1997.
(4) Secure India's full and active participation in United
States efforts to dissuade, isolate, and, if necessary,
sanction and contain Iran for its efforts to acquire weapons of
mass destruction, including a nuclear weapons capability
(including the capability to enrich or process nuclear
materials), and the means to deliver weapons of mass
destruction.
(5) Seek to halt the increase of nuclear weapon arsenals in
South Asia, and to promote their reduction and eventual
elimination.
(6) To ensure that spent fuel generated in India's civilian
nuclear power reactors is not transferred to the United States
except pursuant to the Congressional review procedures required
under section 131 f. of the Atomic Energy Act of 1954 (42
U.S.C. 2160 f.).
(7) Pending implementation of a multilateral moratorium,
encourage India not to increase its production of fissile
material at unsafeguarded nuclear facilities.
SEC. 4. WAIVER AUTHORITY AND CONGRESSIONAL APPROVAL.
(a) In General.--Notwithstanding any other provision of law, if the
President makes the determination described in subsection (b), the
President may--
(1) exempt a proposed agreement for nuclear cooperation
with India (arranged pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153)) from the requirement in
section 123 a.(2) of such Act, and such agreement for
cooperation may only enter into force in accordance with
subsection (f);
(2) waive the application of section 128 of the Atomic
Energy Act of 1954 (42 U.S.C. 2157) with respect to India,
provided that such waiver shall cease to be effective if the
President determines that India has engaged in any activity
described section 129 of such Act (42 U.S.C. 2158), other than
section 129 a.(1)(D) or section 129 a.(2)(C) of such Act, at
any time after the date of the enactment of this Act; and
(3) with respect to India--
(A) waive the restrictions of section 129 a.(1)(A)
of the Atomic Energy Act of 1954 (42 U.S.C. 2158
a.(1)(A)) for any activity that occurred on or before
July 18, 2005; and
(B) section 129 a.(1)(D) of such Act.
(b) Determination by the President.--The determination referred to
in subsection (a) is a determination by the President that the
following actions have occurred:
(1) India has provided the United States and the
International Atomic Energy Agency with a credible plan to
separate civil and military nuclear facilities, materials, and
programs, and has filed a declaration regarding its civil
facilities with the IAEA.
(2) India and the IAEA have concluded an agreement
requiring the application of IAEA safeguards in perpetuity in
accordance with IAEA standards, principles, and practices
(including IAEA Board of Governors Document GOV/1621 (1973)) to
India's civil nuclear facilities, materials, and programs as
declared in the plan described in paragraph (1), including
materials used in or produced through the use of India's civil
nuclear facilities.
(3) India and the IAEA are making substantial progress
toward concluding an Additional Protocol consistent with IAEA
principles, practices, and policies that would apply to India's
civil nuclear program.
(4) India is working actively with the United States for
the early conclusion of a multilateral Fissile Material Cutoff
Treaty.
(5) India is working with and supporting United States and
international efforts to prevent the spread of enrichment and
reprocessing technology.
(6) India is taking the necessary steps to secure nuclear
and other sensitive materials and technology, including
through--
(A) the enactment and enforcement of comprehensive
export control legislation and regulations;
(B) harmonization of its export control laws,
regulations, policies, and practices with the policies
and practices of the Missile Technology Control Regime
and the Nuclear Suppliers Group; and
(C) adherence to the MTCR and the NSG in accordance
with the procedures of those regimes for unilateral
adherence.
(7) The NSG has decided by consensus to permit supply to
India of nuclear items covered by the guidelines of the NSG.
(c) Submission to Congress.--
(1) In general.--The President shall submit to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate information concerning any determination made pursuant
to subsection (b), together with a report detailing the basis
for the determination.
(2) Information to be included.--To the fullest extent
available to the United States, the information referred to in
paragraph (1) shall include the following:
(A) A summary of the plan provided by India to the
United States and the IAEA to separate India's civil
and military nuclear facilities, materials, and
programs, and the declaration made by India to the IAEA
identifying India's civil facilities to be placed under
IAEA safeguards, including an analysis of the
credibility of such plan and declaration, together with
copies of the plan and declaration.
(B) A summary of the agreement that has been
entered into between India and the IAEA requiring the
application of safeguards in accordance with IAEA
practices to India's civil nuclear facilities as
declared in the plan described in subparagraph (A),
together with a copy of the agreement, and a
description of the progress toward its full
implementation.
(C) A summary of the progress made toward
conclusion and implementation of an Additional Protocol
between India and the IAEA, including a description of
the scope of such Additional Protocol.
(D) A description of the steps that India is taking
to work with the United States for the conclusion of a
multilateral treaty banning the production of fissile
material for nuclear weapons, including a description
of the steps that the United States has taken and will
take to encourage India to identify and declare a date
by which India would be willing to stop production of
fissile material for nuclear weapons unilaterally or
pursuant to a multilateral moratorium or treaty.
(E) A description of the steps India is taking to
prevent the spread of nuclear-related technology,
including enrichment and reprocessing technology or
materials that can be used to acquire a nuclear weapons
technology, as well as the support that India is
providing to the United States to further United States
objectives to restrict the spread of such technology.
(F) A description of the steps that India is taking
to secure materials and technology applicable for the
development, acquisition, or manufacture of weapons of
mass destruction and the means to deliver such weapons
through the application of comprehensive export control
legislation and regulations, and through harmonization
and adherence to Missile Technology Control Regime, the
Nuclear Suppliers Group, the Australia Group,
Wassennaar guidelines, and United Nations Security
Council Resolution 1540, and participation in the
Proliferation Security Initiative.
(G) A description of the decision taken within the
Nuclear Suppliers Group relating to nuclear cooperation
with India, including whether nuclear cooperation by
the United States under an agreement for cooperation
arranged pursuant to section 123 of the Atomic Energy
Act of 1954 (42 U.S.C. 2153) is consistent with the
decision, practices, and policies of the NSG.
(H) A description of the scope of peaceful
cooperation envisioned by the United States and India
that will be implemented under the Agreement for
Nuclear Cooperation, including whether such cooperation
will include the provision of enrichment and
reprocessing technology.
(I) A description of the steps taken to ensure that
proposed United States civil nuclear assistance to
India will not directly, or in any other way, assist
India's nuclear weapons program, including--
(i) the use of any United States equipment,
technology, or nuclear material by India in an
unsafeguarded nuclear facility or nuclear-
weapons related complex;
(ii) the replication and subsequent use of
any United States technology in an
unsafeguarded nuclear facility or unsafeguarded
nuclear weapons-related complex, or for any
activity related to the research, development,
testing, or manufacture of nuclear explosive
devices; and
(iii) the provision of nuclear fuel in such
a manner as to facilitate the increased
production of highly-enriched uranium or
plutonium in unsafeguarded nuclear facilities.
(d) Restrictions on Nuclear Transfers to India.--
(1) In general.--Pursuant to the obligations of the United
States under Article I of the NPT, nothing in this Act, or any
agreement pursuant to this Act, shall be interpreted as
permitting any civil nuclear cooperation between the United
States and India that would in any way assist, encourage, or
induce India to manufacture or otherwise acquire nuclear
weapons or nuclear explosive devices.
(2) NSG transfer guidelines.--Notwithstanding the entry
into force of an agreement for nuclear cooperation with India
pursuant to section 123 of the Atomic Energy Act of 1954 (42
U.S.C. 2153) and approved pursuant to this Act, no item subject
to such agreement or subject to the transfer guidelines of the
NSG may be transferred to India if such transfer would violate
or be inconsistent with the transfer guidelines of the NSG as
in effect on the date of the transfer.
(3) Termination of nuclear transfers to india.--
Notwithstanding the entry into force of an agreement for
nuclear cooperation with India pursuant to section 123 of the
Atomic Energy Act of 1954 (42 U.S.C. 2153) and approved
pursuant to this Act, exports of nuclear and nuclear-related
material, equipment, or technology to India shall be terminated
if India makes any materially significant transfer of--
(A) nuclear or nuclear-related material, equipment,
or technology that does not conform to NSG guidelines,
or
(B) ballistic missiles or missile-related equipment
or technology that does not conform to MTCR guidelines,
unless the President determines that cessation of such exports
would be seriously prejudicial to the achievement of United
States nonproliferation objectives or otherwise jeopardize the
common defense and security.
(4) Prohibition on nuclear transfers to india.--If nuclear
transfers to India are restricted pursuant to this Act, the
Atomic Energy Act of 1954, or the Arms Export Control Act, the
President should seek to prevent the transfer to India of
nuclear equipment, materials, or technology from other
participating governments in the NSG or from any other source.
(e) Approval of Agreement for Nuclear Cooperation Required.--
(1) In general.--An agreement for nuclear cooperation
between the United States and India submitted pursuant to this
section may become effective only if--
(A) the President submits to Congress the agreement
concluded between the United States and India,
including a copy of the safeguards agreement entered
into between the IAEA and India relating to India's
declared civilian nuclear facilities, in accordance
with the requirements and procedures of section 123 of
the Atomic Energy Act of 1954 (other than section 123
a.(2) of such Act) that are otherwise not inconsistent
with the provisions of this Act; and
(B) after the submission under subparagraph (A),
the agreement is approved by a joint resolution that is
enacted into law.
(2) Consultation.--Beginning one month after the date of
the enactment of this Act and every month thereafter until the
President submits to Congress the agreement referred to in
paragraph (1), the President should consult with the Committee
on International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate regarding the
status of the negotiations between the United States and India
with respect to civilian nuclear cooperation and between the
IAEA and India with respect to the safeguards agreement
described in subsection (b)(2).
(f) Joint Resolution of Approval.--For purposes of this section, a
joint resolution referred to in subsection (e)(1)(B) is a joint
resolution of the two Houses of Congress--
(1) the matter after the resolving clause of which is as
follows: ``That the Congress hereby approves the Agreement for
Nuclear Cooperation Between the United States of America and
the Republic of India submitted by the President on
___________.'', with the blank space being filled with the
appropriate date;
(2) which does not have a preamble; and
(3) the title of which is as follows: ``Joint Resolution
Approving an Agreement for Nuclear Cooperation Between the
United States and India''.
(g) Consideration of Joint Resolution of Approval.--The provisions
of paragraphs (2) through (6) of section 130 i. of the Atomic Energy
Act of 1954 (42 U.S.C. 2159 i.) shall apply to a joint resolution under
subsection (f) of this section to the same extent as such provisions
apply to a joint resolution under section 130 i. of such Act. No
amendment to, or motion to recommit, a joint resolution under
subsection (f) of this section is in order.
(h) Section 123 of Atomic Energy Act of 1954 Not Affected.--
Notwithstanding subsection (e)(1), this section does not preclude the
approval, under section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153), of an agreement for cooperation in which India is the
cooperating party.
(i) Sunset.--The procedures under this section shall cease to be
effective upon the enactment of a joint resolution under this section.
(j) Reports.--
(1) Policy objectives.--The President shall, not later than
January 31, 2007, and not later than January 31 of each year
thereafter, submit to the Committee on International Relations
of the House of Representatives and the Committee on Foreign
Relations of the Senate a report on--
(A) the extent to which each policy objective in
section 3(b) has been achieved;
(B) the steps taken by the United States and India
in the preceding calendar year to accomplish those
objectives;
(C) the extent of cooperation by other countries in
achieving those objectives; and
(D) the steps the United States will take in the
current calendar year to accomplish those objectives.
(2) Nuclear exports to india.--
(A) In general.--Not later than one year after the
date on which an agreement for nuclear cooperation
between the United States and India is approved by
Congress under section 4(f) and every year thereafter,
the President shall submit to the Committee on
International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate a
report describing United States exports to India for
the preceding year pursuant to such agreement and the
anticipated exports to India for the next year pursuant
to such agreement.
(B) Nuclear fuel.--The report described in
subparagraph (A) shall also include (in a classified
form if necessary)--
(i) an estimate for the previous year of
the amount of uranium mined in India;
(ii) the amount of such uranium that has
likely been used or allocated for the
production of nuclear explosive devices;
(iii) the rate of production of--
(I) fissile material for nuclear
explosive devices; and
(II) nuclear explosive devices; and
(iv) an analysis as to whether imported
uranium has affected such rate of production of
nuclear explosive devices.
(C) Unsafeguarded nuclear facilities.--The report
described in subparagraph (A) shall also include (in a
classified form if necessary) a description of whether
United States civil nuclear assistance to India is
directly, or in any other way, assisting India's
nuclear weapons program, including--
(i) the use of any United States equipment,
technology, or nuclear material by India in an
unsafeguarded nuclear facility or nuclear-
weapons related complex;
(ii) the replication and subsequent use of
any United States technology in an
unsafeguarded nuclear facility or unsafeguarded
nuclear weapons-related complex, or for any
activity related to the research, development,
testing, or manufacture of nuclear explosive
devices; and
(iii) the provision of nuclear fuel in such
a manner as to facilitate the increased
production of highly-enriched uranium or
plutonium in unsafeguarded nuclear facilities.
(3) New nuclear reactors or facilities.--Not later than one
year after the date of the enactment of this Act and annually
thereafter, the President shall submit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a report
describing any new nuclear reactors or nuclear facilities that
the Government of India has designated as civilian and placed
under inspections or has designated as military.
(4) Disposal of spent nuclear fuel.--Not later than one
year after the date on which an agreement for nuclear
cooperation between the United States and India is approved by
Congress under section 4(f) and every year thereafter, the
President shall submit to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate a report describing the
disposal of spent nuclear fuel from India's civilian nuclear
program.
(5) Growth in india's military fissile material
production.--
(A) In general.--Not later than one year after the
date on which an agreement for nuclear cooperation
between the United States and India is approved by
Congress under section 4(f) and every year thereafter,
the President shall submit to the Committee on
International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate a
report that--
(i) measures the effectiveness of the civil
nuclear cooperation agreement in achieving the
goals and objectives described in section 2;
and
(ii) assesses the relative level of India's
nuclear fissile material production compared to
the previous year.
(B) Contents.--The report described in subparagraph
(A) shall also include information relating to--
(i) the amount of natural uranium India has
mined and milled during the previous year;
(ii) the amount of electricity India's
civilian reactors have produced during the
previous year;
(iii) the amount of domestic natural
uranium India has used in its declared civilian
reactors to produce electricity during the
previous year;
(iv) the amount of fissile material India
has produced for military purposes during the
previous year;
(v) the amount of domestic natural uranium
and domestic enrichment capacity India has
used to produce such fissile material;
(vi) the amount of domestic uranium India
has otherwise stockpiled for possible civil or
military use;
(vii) an identification of any changes with
regard to these quantities from the previous
year; and
(viii) any additional qualitative factors
determined to be relevant with respect to
subparagraph (A), as appropriate, such as the
location of production facilities.
(C) Preparation; form of report.--The report should
rely on public information to the extent possible. The
report shall include a classified annex if necessary.
(k) Definitions.--In this Act:
(1) IAEA.--The term ``IAEA'' means the International Atomic
Energy Agency.
(2) MTCR.--The term ``MTCR'' means the Missile Technology
Control Regime.
(3) NPT.--The term ``NPT'' means the Treaty on the Non-
Proliferation of Nuclear Weapons.
(4) NPT member.--The term ``NPT member'' means a country
that is a party to the NPT.
(5) NSG.--The term ``NSG'' means the Nuclear Suppliers
Group.
Passed the House of Representatives July 26, 2006.
Attest:
Clerk.
109th CONGRESS
2d Session
H. R. 5682
_______________________________________________________________________
AN ACT
To exempt from certain requirements of the Atomic Energy Act of 1954 a
proposed nuclear agreement for cooperation with India.