[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2429 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2429

    To authorize the President to waive the application of certain 
requirements under the Atomic Energy Act of 1954 with respect to India.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 16 (legislative day, March 15), 2006

Mr. Lugar (for himself, Mr. Allen, Mr. Stevens, Mr. Cornyn, Mr. Crapo, 
 and Mrs. Hutchison) (by request) introduced the following bill; which 
   was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
    To authorize the President to waive the application of certain 
requirements under the Atomic Energy Act of 1954 with respect to India.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. WAIVER AUTHORITY.

    (a) Waiver Authority.--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 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 the Atomic Energy Act of 1954, and such agreement 
        for cooperation shall be subject to the same congressional 
        review procedures under sections 123(b) and 123(d) of such Act 
        as an agreement for cooperation that has not been exempted from 
        any requirement contained in section 123(a) of such Act;
            (2) waive the application of section 128 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2157) with respect to India; and
            (3) waive the application of any sanction under section 129 
        of the Atomic Energy Act of 1954 (42 U.S.C. 2158) with respect 
        to India.
    (b) Determination.--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 (IAEA) with a credible plan 
        to separate civil and military facilities, materials, and 
        programs, and has filed a declaration regarding its civil 
        facilities with the IAEA.
            (2) An agreement has entered into force 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 paragraph (1).
            (3) India and the IAEA are making satisfactory progress 
        toward implementing an Additional Protocol that would apply to 
        India's civil nuclear program.
            (4) India is working with the United States for the 
        conclusion of a multilateral Fissile Material Cutoff Treaty.
            (5) India is supporting international efforts to prevent 
        the spread of enrichment and reprocessing technology.
            (6) India is ensuring that the necessary steps are being 
        taken to secure nuclear materials and technology through the 
        application of comprehensive export control legislation and 
        regulations, and through harmonization and adherence to Missile 
        Technology Control Regime (MTCR) and Nuclear Suppliers Group 
        (NSG) guidelines.
            (7) Supply to India by the United States under an agreement 
        for cooperation arranged pursuant to section 123 of the Atomic 
        Energy Act of 1954 is consistent with United States 
        participation in the Nuclear Suppliers Group.
    (c) Report.--Any determination pursuant to subsection (b) shall be 
reported to the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of Representatives, 
and such report shall describe the basis for the President's 
determination.
    (d) Subsequent Determination.--A determination under subsection (b) 
shall not be effective if the President determines that India has 
detonated a nuclear explosive device after the date of enactment of 
this Act.
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