[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5682 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5682

To exempt from certain requirements of the Atomic Energy Act of 1954 a 
         proposed nuclear agreement for cooperation with India.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2006

Mr. Hyde (for himself, Mr. Lantos, Ms. Ros-Lehtinen, Mr. Ackerman, Mr. 
Burton of Indiana, Mr. Wilson of South Carolina, Mr. Faleomavaega, Mr. 
 Engel, Mr. Crowley, and Mr. Etheridge) introduced the following bill; 
which was referred to the Committee on International Relations, and in 
  addition to the Committee on Rules, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
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 ``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 may be 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; and
            (7)(A) India meets the criteria described in this 
        subsection; 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.

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.

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 
        subsections (f) and (g);
            (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.
    (d) Restrictions on Nuclear Transfers to India.--
            (1) In general.--Notwithstanding the entry into force of an 
        agreement for 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 the 
        transfer guidelines of the NSG as in effect on the date of the 
        transfer.
            (2) Termination of nuclear transfers to india.--
        Notwithstanding the entry into force of an agreement for 
        nuclear cooperation with India (arranged pursuant to section 
        123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153)), 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.
            (3) 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.--Subject to subsection (m), 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.--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) Introduction and Referral.--
            (1) Introduction.--A joint resolution shall, on the day on 
        which the submissions under subsection (e)(1)(A) are made (or, 
        if either House of Congress is not in session on that day, the 
        first day thereafter when that House is in session)--
                    (A) be introduced in the House of Representatives 
                by the majority leader, for himself and the minority 
                leader of the House, or by Members of the House 
                designated by the majority leader and minority leader 
                of the House; and
                    (B) be introduced in the Senate by the majority 
                leader, for himself and the minority leader of the 
                Senate, or by Members of the Senate designated by the 
                majority leader and minority leader of the Senate.
        If either House of Congress is not in session on that day, the 
        joint resolution shall be introduced on the first day 
        thereafter when both Houses are in session.
            (2) Referral.--The joint resolution shall be referred to 
        the Committee on International Relations of the House of 
        Representatives and to the Committee on Foreign Relations of 
        the Senate.
    (h) Discharge of Committees.--If a committee to which a joint 
resolution is referred has not reported such joint resolution by the 
end of 60 days beginning on the date of its introduction, or the date 
of the submission of the nonproliferation assessment statement 
described in section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
2153), whichever is later, such committee shall be discharged from 
further consideration of such joint resolution, and such joint 
resolution shall be placed on the appropriate calendar of the House 
involved.
    (i) Floor Consideration in the House of Representatives.--
            (1) In general.--On or after the third calendar day 
        (excluding Saturdays, Sundays, or legal holidays, except when 
        the House of Representatives is in session on such a day) after 
        the date on which the committee to which a joint resolution is 
        referred has reported, or has been discharged from further 
        consideration of, such a joint resolution, it shall be in order 
        for any Member of the House to move to proceed to the 
        consideration of the joint resolution. A Member of the House 
        may make the motion only on the day after the calendar day on 
        which the Member announces to the House the Member's intention 
        to do so. Such motion shall be privileged and shall not be 
        debatable. The motion shall not be subject to amendment or to a 
        motion to postpone. A motion to reconsider the vote by which 
        the motion is agreed to shall not be in order. If a motion to 
        proceed to the consideration of the joint resolution is agreed 
        to, the House shall immediately proceed to consideration of the 
        joint resolution which shall remain the unfinished business 
        until disposed of.
            (2) Debate.--Debate on a joint resolution, and on all 
        debatable motions and appeals in connection therewith, shall be 
        limited to not more than six hours, which shall be divided 
        equally between those favoring and those opposing the joint 
        resolution. An amendment to the joint resolution shall not be 
        in order. A motion to further limit debate shall be in order 
        and shall not be debatable. A motion to table, a motion to 
        postpone, or a motion to recommit the joint resolution shall 
        not be in order. A motion to reconsider the vote by which the 
        joint resolution is agreed to or disagreed to shall not be in 
        order.
            (3) Appeals.--Appeals from the decisions of the Chair to 
        the procedure relating to a joint resolution shall be decided 
        without debate.
    (j) Floor Consideration in the Senate.--Any joint resolution shall 
be considered in the Senate in accordance with the provisions of 
section 601(b)(4) of the International Security Assistance and Arms 
Export Control Act of 1976.
    (k) Consideration by the Other House.--If, before the passage by 
one House of a joint resolution of that House, that House receives a 
joint resolution from the other House, then the following procedures 
shall apply:
            (1) The joint resolution of the other House shall not be 
        referred to a committee and may not be considered in the House 
        receiving it except in the case of final passage as provided in 
        paragraph (2)(B).
            (2) With respect to a joint resolution of the House 
        receiving the joint resolution--
                    (A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House; but
                    (B) the vote on final passage shall be on the joint 
                resolution of the other House.
            (3) Upon disposition of the joint resolution received from 
        the other House, it shall no longer be in order to consider the 
        joint resolution that originated in the receiving House.
    (l) Computation of Days.--In the computation of the period of 60 
days referred to in subsection (h), there shall be excluded the days on 
which either House of Congress is not in session because of an 
adjournment of more than 3 days to a day certain or because of an 
adjournment of the Congress sine die.
    (m) Section 123 of Atomic Energy Act 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.
    (n) Sunset.--The procedures under this section shall cease to be 
effective upon the enactment of a joint resolution under this section.
    (o) 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.
    (p) 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.
                                 <all>