[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5682 Placed on Calendar Senate (PCS)]


                                                       Calendar No. 537
109th CONGRESS
  2d Session
                                H. R. 5682


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 27 (legislative day, July 26), 2006

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 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:

                                                 KAREN L. HAAS,

                                                                 Clerk.
                                                       Calendar No. 537

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.

_______________________________________________________________________

               July 27 (legislative date, July 26), 2006

            Received; read twice and placed on the calendar