[House Report 109-599]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-599

======================================================================



 
   PROVIDING FOR CONSIDERATION OF H.R. 5682, UNITED STATES AND INDIA 
               NUCLEAR COOPERATION PROMOTION ACT OF 2006

                                _______
                                

   July 25, 2006.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Bishop of Utah, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 947]

    The Committee on Rules, having had under consideration 
House Resolution 947, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 5682, the 
United States and India Nuclear Cooperation Promotion Act of 
2006, under a structured rule. The rule provides one hour of 
general debate equally divided and controlled by the chairman 
and ranking minority member of the Committee on International 
Relations. The rule waives all points of order against 
consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on International 
Relations now printed in the bill, modified by the amendment 
printed in part A of this report, shall be considered as 
adopted in the House and in the Committee of the Whole. The 
rule provides that the bill, as amended, shall be considered as 
the original bill for the purpose of further amendment and 
shall be considered as read.
    The rule makes in order only those further amendments 
printed in part B of this report. The rule provides that the 
amendments printed in part B of this report may be offered only 
in the order printed in this report, may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question in the House 
or in the Committee of the Whole. The rule waives all points of 
order against the amendments printed in Part B of this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The Committee is not aware of any points of order against 
consideration of the bill or the amendments made in order under 
the rule. The waivers of all points of order against 
consideration of the bill and against the amendments made in 
order under the rule are prophylactic in nature.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 237

    Date: July 25, 2006.
    Measure: H.R. 5682, United States and India Nuclear 
Cooperation Promotion Act of 2006.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Markey, 
which requires that nuclear cooperation with India could only 
commence after the President has determined that the United 
States has secured India's full and active support in 
preventing Iran from acquiring weapons of mass destruction.
    Results: Defeated 2 to 9.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; McGovern--Yea; Hastings (FL)--Yea; Dreier--
Nay.

           PART A--SUMMARY OF AMENDMENT CONSIDERED AS ADOPTED

    The amendment considered as adopted by the rule represents 
the Committee on Rules' judgment on the matters within its 
jurisdiction contained in the bill. The amendment states that 
the joint resolution of approval of a nuclear cooperation 
agreement between the United States and India shall be 
considered under the same expedited procedures that a joint 
resolution of disapproval would be considered for similar 
cooperation agreements as prescribed by the Nuclear Non-
Proliferation Provisions of the Atomic Energy Act, including 
the computation of days as continuous days of session. The 
amendment preserves the requirement of Congressional approval 
for the nuclear cooperation agreement.

              PART B--SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries of amendments derived from information provided 
by the sponsor.)
    1. Hyde (IL)/Lantos (CA): Manager's amendment. Contains 
technical and conforming changes to the text. Also makes one 
substantive change removing an amendment adopted during the 
full committee markup relating to subsection 4(b)(7). (10 
minutes)
    2. Stearns (FL): Reinforces the intent of Congress that the 
nuclear cooperation into which the governments of the United 
States and India would enter is for peaceful, productive 
purposes, not military. (10 minutes)
    3. Jackson-Lee (TX)/Burton (IN): Sense of Congress 
declaring the importance of the South Asia region and urging 
the continuation of the United States' policy of engagement, 
collaboration, and exchanges with and between India and 
Pakistan. (10 minutes)
    4. Sherman (CA): Requires that, before any nuclear 
cooperation with India can go forward, and every year 
thereafter, the President must certify that during the 
preceding year India has not increased the level of domestic 
uranium it sends through its weapons program. Baseline for the 
determination under the amendment is the 365 day period 
preceding the July 18, 2005 Bush-Singh declaration on nuclear 
cooperation. (10 minutes)
    5. Berman (CA): Restricts exports of uranium and other 
types of nuclear reactor fuel (defined as ``source material'' 
and ``special nuclear material'' in the Atomic Energy Act of 
1954) to India until the President determines that India has 
halted the production of fissile material (i.e. plutonium and 
highly enriched uranium) for use in nuclear weapons. (10 
minutes)
    6. Fortenberry (NE): Provides Congress with the ability to 
assess, to the extent possible, whether annual levels of 
India's nuclear fissile production may imply a possible 
violation of Article I of the Nuclear Nonproliferation Treaty. 
(10 minutes)

         PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  In section 4(a)(1), strike ``subsections (f) and (g)'' and 
insert ``subsection (f)''.
  In section 4(e)(1), strike ``subsection (m)'' and insert 
``subsection (h)''.
  In section 4(f), strike the subsection heading and insert 
``Joint Resolution of Approval''.
  In section 4, strike subsections (g) through (l) and 
redesignate subsections (m) through (p) as subsections (h) 
through (k), respectively.
  In section 4, insert after subsection (f) the following new 
subsection:
  (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.

                PART B--TEXT OF AMENDMENTS MADE IN ORDER


 1. An Amendment To Be Offered by Representative Hyde of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  Page 3, line 12, strike ``may be'' and insert ``is''.
  Page 4, beginning line 21, strike ``this subsection'' and 
insert ``paragraph (6)''.
  Page 11, line 3, strike ``and'' and all that follows through 
line 8 and insert a period.
  Page 15, line 22, insert ``nuclear'' before ``cooperation''.
  Page 16, line 3, after ``violate'' insert ``or be 
inconsistent with''.
  Page 16, beginning line 6, strike ``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))'' and insert ``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''.
  Page 17, line 8, strike ``Subject to subsection (m), an'' and 
insert ``An''.
                              ----------                              


2. An Amendment To Be Offered by Representative Stearns of Florida, or 
                 His Designee, Debatable for 10 Minutes

  In section 2(6)(D), strike ``and'' after the semicolon.
  In section 2(7)(B), strike the period at the end and insert 
``; and''.
  In section 2, add at the end the following new paragraph:
          (8) 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.
                              ----------                              


 3. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

  In section 2(6)(D), strike ``and'' after the semicolon.
  In section 2(7)(B), strike the period at the end and insert 
``; and''.
  In section 2, add at the end the following new paragraph:
          (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.
                              ----------                              


4. An Amendment To Be Offered by Representative Sherman of California, 
               or His Designee, Debatable for 10 Minutes

  In section 4(b), add at the end the following new paragraph:
          (8) The amount of domestic uranium used in India's 
        military program during a 12-month period ending on the 
        date of the determination is equal to or less than the 
        amount of domestic uranium used in India's military 
        program during the 12-month period ending on July 18, 
        2005.
  In section 4, insert after subsection (o) the following new 
subsection (and redesignate subsequent subsections 
accordingly):
  (p) Annual Certification; Termination of Cooperation.--
Nuclear cooperation with India shall be terminated unless one 
year after making the determination described in subsection 
(b)(8), and annually thereafter, the president certifies that 
during the previous 12-month period the amount of domestic 
uranium used in India's military program is equal to or less 
than the amount of domestic uranium used in India's military 
program during the 12-month period ending on July 18, 2005.
                              ----------                              


 5. An Amendment To Be Offered by Representative Berman of California, 
               or His Designee, Debatable for 10 Minutes

  In section 4(d), add at the end the following new paragraph:
          (5) Limitation on nuclear transfers to india.--
        Notwithstanding any other provision of law, and 
        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, nuclear transfers to 
        India shall not include source material and special 
        nuclear material (as defined in section 11 of such Act 
        (42 U.S.C. 2014)) unless the President determines that 
        India--
                  (A) is adhering to a unilateral moratorium on 
                the production of fissile material for nuclear 
                weapons;
                  (B) is adhering to a multilateral moratorium 
                on the production of fissile material for 
                nuclear weapons; or
                  (C) has signed and is adhering to a 
                multilateral treaty prohibiting the production 
                of fissile material for nuclear weapons.
                              ----------                              


    6. An Amendment To Be Offered by Representative Fortenberry of 
          Nebraska, or His Designee, Debatable for 10 Minutes

  In section 4(o), add at the end the following new paragraph:
          (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 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.
                  (D) Hearings.--The Committees specified in 
                subparagraph (A) may, after consideration of 
                each report under this paragraph, hold hearings 
                with government and non-government witnesses as 
                each Committee determines necessary to evaluate 
                each report.

                                  
