[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7061 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 7061
To approve the United States-India Agreement for Cooperation on
Peaceful Uses of Nuclear Energy, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2008
Mr. Berman (for himself, Mr. Ackerman, and Mr. Faleomavaega) introduced
the following bill; which was referred to the Committee on Foreign
Affairs, 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 approve the United States-India Agreement for Cooperation on
Peaceful Uses of Nuclear Energy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States-
India Nuclear Cooperation Approval and Nonproliferation Enhancement
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
TITLE I--APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON
PEACEFUL USES OF NUCLEAR ENERGY
Sec. 101. Approval of Agreement.
Sec. 102. Declarations of policy; certification requirement; rule of
construction.
Sec. 103. Additional Protocol between India and the IAEA.
Sec. 104. Implementation of Safeguards Agreement between India and the
IAEA.
Sec. 105. Modified reporting to Congress.
TITLE II--STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO
PEACEFUL NUCLEAR COOPERATION
Sec. 201. Procedures regarding a subsequent arrangement on
reprocessing.
Sec. 202. Initiatives and negotiations relating to agreements for
peaceful nuclear cooperation.
Sec. 203. Actions required for resumption of peaceful nuclear
cooperation.
Sec. 204. United States Government policy at the Nuclear Suppliers
Group to strengthen the international
nuclear nonproliferation regime.
Sec. 205. Conforming amendments.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Agreement.--The term ``United States-India Agreement
for Cooperation on Peaceful Uses of Nuclear Energy'' or
``Agreement'' means the Agreement for Cooperation Between the
Government of the United States of America and the Government
of India Concerning Peaceful Uses of Nuclear Energy that was
transmitted to Congress by the President on September 10, 2008.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
TITLE I--APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON
PEACEFUL USES OF NUCLEAR ENERGY
SEC. 101. APPROVAL OF AGREEMENT.
(a) In General.--Notwithstanding the provisions for congressional
consideration and approval of a proposed agreement for cooperation in
section 123 b. and d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153
(b) and (d)), Congress hereby approves the United States-India
Agreement for Cooperation on Peaceful Uses of Nuclear Energy, subject
to subsection (b).
(b) Applicability of Atomic Energy Act of 1954, Hyde Act, and Other
Provisions of Law.--The Agreement shall be subject to the provisions of
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the Henry J.
Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006
(22 U.S.C. 8001 et. seq; Public Law 109-401), and any other applicable
United States law as if the Agreement had been approved pursuant to the
provisions for congressional consideration and approval of a proposed
agreement for cooperation in section 123 b. and d. of the Atomic Energy
Act of 1954.
(c) Sunset of Exemption Authority Under Hyde Act.--Section 104(f)
of the Henry J. Hyde United States-India Peaceful Atomic Energy
Cooperation Act of 2006 (22 U.S.C. 8003(f)) is amended by striking
``the enactment of'' and all that follows through ``agreement'' and
inserting ``the date of the enactment of the United States-India
Nuclear Cooperation Approval and Nonproliferation Enhancement Act''.
SEC. 102. DECLARATIONS OF POLICY; CERTIFICATION REQUIREMENT; RULE OF
CONSTRUCTION.
(a) Declarations of Policy Relating to Meaning and Legal Effect of
Agreement.--Congress declares that it is the understanding of the
United States that the provisions of the United States-India Agreement
for Cooperation on Peaceful Uses of Nuclear Energy have the meanings
conveyed in the authoritative representations provided by the President
and his representatives to the Congress and its committees prior to
September 20, 2008, regarding the meaning and legal effect of the
Agreement.
(b) Declarations of Policy Relating to Transfer of Nuclear
Equipment, Materials, and Technology to India.--Congress makes the
following declarations of policy:
(1) Pursuant to section 103(a)(6) of the Henry J. Hyde
United States-India Peaceful Atomic Energy Cooperation Act of
2006 (22 U.S.C. 8002(a)(6)), in the event that nuclear
transfers to India are suspended or terminated pursuant to
title I of such Act (22 U.S.C. 8001 et seq.), the Atomic Energy
Act of 1954 (42 U.S.C. 2011 et seq.), or any other United
States law, it is the policy of the United States to seek to
prevent the transfer to India of nuclear equipment, materials,
or technology from other participating governments in the
Nuclear Suppliers Group (NSG) or from any other source.
(2) Pursuant to section 103(b)(10) of the Henry J. Hyde
United States-India Peaceful Atomic Energy Cooperation Act of
2006 (22 U.S.C. 8002(b)(10)), any nuclear power reactor fuel
reserve provided to the Government of India for use in
safeguarded civilian nuclear facilities should be commensurate
with reasonable reactor operating requirements.
(c) Certification Requirement.--Before exchanging diplomatic notes
pursuant to Article 16(1) of the Agreement, the President shall certify
to Congress that entry into force and implementation of the Agreement
pursuant to its terms is consistent with the obligation of the United
States under the Treaty on the Non-Proliferation of Nuclear Weapons,
done at Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (commonly known as the ``Nuclear Non-Proliferation
Treaty''), not in any way to assist, encourage, or induce India to
manufacture or otherwise acquire nuclear weapons or other nuclear
explosive devices.
(d) Rule of Construction.--Nothing in the Agreement shall be
construed to supersede the legal requirements of the Henry J. Hyde
United States-India Peaceful Atomic Energy Cooperation Act of 2006 or
the Atomic Energy Act of 1954.
SEC. 103. ADDITIONAL PROTOCOL BETWEEN INDIA AND THE IAEA.
(a) In General.--Congress urges the Government of India to sign and
adhere to an Additional Protocol with the International Atomic Energy
Agency (IAEA), consistent with IAEA principles, practices, and
policies, at the earliest possible date.
(b) Definition.--In this section, the term ``Additional Protocol''
has the meaning given the term in section 110(1) of the Henry J. Hyde
United States-India Peaceful Atomic Energy Cooperation Act of 2006 (22
U.S.C. 8008(1)).
SEC. 104. IMPLEMENTATION OF SAFEGUARDS AGREEMENT BETWEEN INDIA AND THE
IAEA.
Licenses may be issued by the Nuclear Regulatory Commission for
transfers pursuant to the Agreement only after the President determines
and certifies to Congress that--
(1) the Agreement Between the Government of India and the
International Atomic Energy Agency for the Application of
Safeguards to Civilian Nuclear Facilities, as approved by the
Board of Governors of the International Atomic Energy Agency on
August 1, 2008 (the ``Safeguards Agreement''), has entered into
force; and
(2) the Government of India has filed a declaration of
facilities pursuant to paragraph 13 of the Safeguards Agreement
that is not materially inconsistent with the facilities and
schedule described in paragraph (14) of the separation plan
presented in the national parliament of India on May 11, 2006,
taking into account the later initiation of safeguards than was
anticipated in the separation plan.
SEC. 105. MODIFIED REPORTING TO CONGRESS.
(a) Information on Nuclear Activities of India.--Subsection (g)(1)
of section 104 of the Henry J. Hyde United States-India Peaceful Atomic
Energy Cooperation Act of 2006 (22 U.S.C. 8003) is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) any material inconsistencies between the
content or timeliness of notifications by the
Government of India pursuant to paragraph 14(a) of the
Safeguards Agreement and the facilities and schedule
described in paragraph (14) of the separation plan
presented in the national parliament of India on May
11, 2006, taking into account the later initiation of
safeguards than was anticipated in the separation
plan;''.
(b) Implementation and Compliance Report.--Subsection (g)(2) of
such section is amended--
(1) in subparagraph (K)(iv), by striking ``and'' at the
end;
(2) in subparagraph (L), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(M) with respect to the United States-India
Agreement for Cooperation on Peaceful Uses of Nuclear
Energy (hereinafter in this subparagraph referred to as
the `Agreement') approved under section 101(a) of the
United States-India Nuclear Cooperation Approval and
Nonproliferation Enhancement Act--
``(i) a listing of--
``(I) all provision of sensitive
nuclear technology to India, and other
such information as may be so
designated by the United States or
India under Article 1(Q); and
``(II) all facilities in India
notified pursuant to Article 7(1) of
the Agreement;
``(ii) a description of--
``(I) any agreed safeguards or any
other form of verification for by-
product material decided by mutual
agreement pursuant to the terms of
Article 1(A) of the Agreement;
``(II) research and development
undertaken in such areas as may be
agreed between the United States and
India as detailed in Article 2(2)(a.)
of the Agreement;
``(III) the civil nuclear
cooperation activities undertaken under
Article 2(2)(d.) of the Agreement;
``(IV) any United States efforts to
help India develop a strategic reserve
of nuclear fuel as called for in
Article 2(2)(e.) of the Agreement;
``(V) any United States efforts to
fulfill political commitments made in
Article 5(6) of the Agreement;
``(VI) any negotiations that have
occurred or are ongoing under Article
6(iii.) of the Agreement; and
``(VII) any transfers beyond the
territorial jurisdiction of India
pursuant to Article 7(2) of the
Agreement, including a listing of the
receiving country of each such
transfer;
``(iii) an analysis of--
``(I) any instances in which the
United States or India requested
consultations arising from concerns
over compliance with the provisions of
Article 7(1) of the Agreement, and the
results of such consultations; and
``(II) any matters not otherwise
identified in this report that have
become the subject of consultations
pursuant to Article 13(2) of the
Agreement, and a statement as to
whether such matters were resolved by
the end of the reporting period; and
``(iv) a statement as to whether--
``(I) any consultations are
expected to occur under Article 16(5)
of the Agreement; and
``(II) any enrichment is being
carried out pursuant to Article 6 of
the Agreement.''.
TITLE II--STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO
PEACEFUL NUCLEAR COOPERATION
SEC. 201. PROCEDURES REGARDING A SUBSEQUENT ARRANGEMENT ON
REPROCESSING.
(a) Consultation.--The President shall keep the appropriate
congressional committees fully and currently informed of any
discussions or negotiations related to any proposed subsequent
arrangement concerning arrangements and procedures regarding
reprocessing or other alteration in form or content, as provided for in
Article 6 of the United States-India Agreement for Cooperation on
Peaceful Uses of Nuclear Energy. In particular, the President shall
inform the appropriate congressional committees at the earliest
possible time after a request by the Government of India to initiate
discussions or negotiations under Article 6 of the Agreement and shall
brief the appropriate congressional committees each month on such
discussions or negotiations until an arrangement is reached.
(b) Approval.--Notwithstanding section 131 of the Atomic Energy Act
of 1954 (42 U.S.C. 2160), no proposed subsequent arrangement concerning
arrangements and procedures regarding reprocessing or other alteration
in form or content, as provided for in Article 6 of the Agreement,
shall take effect until the requirements specified in subsection (c)
are met.
(c) Requirements.--The requirements referred to in subsection (b)
are the following:
(1) The President transmits to the appropriate
congressional committees a report containing--
(A) the reasons for entering into such proposed
subsequent arrangement;
(B) a detailed description, including the text, of
such proposed subsequent arrangement; and
(C) a certification that the United States will
pursue efforts to ensure that any other nation that
permits India to reprocess or otherwise alter in form
or content nuclear material that the nation has
transferred to India or nuclear material and by-product
material used in or produced through the use of nuclear
material, non-nuclear material, or equipment that it
has transferred to India requires India to do so under
similar arrangements and procedures.
(2) A period of 30 days of continuous session (as defined
by section 130 g.(2) of the Atomic Energy Act of 1954 (42
U.S.C. 2159 (g)(2)) has elapsed after transmittal of the report
required under paragraph (1).
(d) Resolution of Disapproval.--Notwithstanding the requirements in
subsection (c) having been met, a subsequent arrangement referred to in
subsection (b) shall not become effective if during the time specified
in subsection (c)(2), Congress adopts, and there is enacted, a joint
resolution stating in substance that Congress does not favor such
subsequent arrangement. Any such resolution shall be considered
pursuant to the procedures set forth in section 130 i. of the Atomic
Energy Act of 1954 (42 U.S.C. 2159 (i)), as amended by section 205 of
this Act.
SEC. 202. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR
PEACEFUL NUCLEAR COOPERATION.
Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is
amended by adding at the end the following:
``e. The President shall keep the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate fully and
currently informed of any initiative or negotiations
relating to a new or amended agreement for peaceful
nuclear cooperation pursuant to this section (except an
agreement arranged pursuant to section 91 c., 144 b.,
144 c., or 144 d., or an amendment thereto). In
carrying out this subsection, the President shall
consult with the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign
Relations of the Senate not less than 15 calendar days
before each of the following: (1) The President's
announcement of any initiative relating to such a new
or amended agreement. (2) The initiation of any formal
or informal negotiations relating to such a new or
amended agreement. (3) The receipt or transmission of a
draft of such a new or amended agreement.''.
SEC. 203. ACTIONS REQUIRED FOR RESUMPTION OF PEACEFUL NUCLEAR
COOPERATION.
Section 129 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2158
(a)) is amended by striking ``Congress adopts a concurrent resolution''
and inserting ``Congress adopts, and there is enacted, a joint
resolution''.
SEC. 204. UNITED STATES GOVERNMENT POLICY AT THE NUCLEAR SUPPLIERS
GROUP TO STRENGTHEN THE INTERNATIONAL NUCLEAR
NONPROLIFERATION REGIME.
(a) Certification.--Before exchanging diplomatic notes pursuant to
Article 16(1) of the Agreement, the President shall certify to the
appropriate congressional committees that it is the policy of the
United States to work with members of the Nuclear Suppliers Group
(NSG), individually and collectively, to agree to further restrict the
transfers of equipment and technology related to the enrichment of
uranium and reprocessing of spent nuclear fuel.
(b) Peaceful Use Assurances for Certain By-Product Material.--The
President shall seek to achieve, by the earliest possible date, either
within the NSG or with relevant NSG Participating Governments, the
adoption of principles, reporting, and exchanges of information as may
be appropriate to assure peaceful use and accounting of by-product
material in a manner that is substantially equivalent to the relevant
provisions of the Agreement.
(c) Report.--
(1) In general.--Not later than six months after the date
of the enactment of this Act, and every six months thereafter,
the President shall transmit to the appropriate congressional
committees a report on efforts by the United States pursuant to
subsections (a) and (b).
(2) Termination.--The requirement to transmit the report
under paragraph (1) terminates on the date on which the
President transmits a report pursuant to such paragraph stating
that the objectives in subsections (a) and (b) have been
achieved.
SEC. 205. CONFORMING AMENDMENTS.
Section 130 i. of the Atomic Energy Act of 1954 (42 U.S.C. 2159
(i)) is amended--
(1) in paragraph (1), by striking ``means a joint
resolution'' and all that follows through ``, with the date''
and inserting the following: ``means--
``(A) for an agreement for cooperation pursuant to section
123 of this Act, a joint resolution, the matter after the
resolving clause of which is as follows: `That the Congress
(does or does not) favor the proposed agreement for cooperation
transmitted to the Congress by the President on _____ .',
``(B) for a determination under section 129 of this Act, a
joint resolution, the matter after the resolving clause of
which is as follows: `That the Congress does not favor the
determination transmitted to the Congress by the President on
_____ .', or
``(C) for a subsequent arrangement under section 201 of the
United States-India Nuclear Cooperation Approval and
Nonproliferation Enhancement Act, a joint resolution, the
matter after the resolving clause of which is as follows: `That
the Congress does not favor the subsequent arrangement to the
Agreement for Cooperation Between the Government of the United
States of America and the Government of India Concerning
Peaceful Uses of Nuclear Energy that was transmitted to
Congress by the President on September 10, 2008.',
with the date'';
(2) in paragraph (2)--
(A) in the first sentence--
(i) by striking ``a proposed agreement for
cooperation is submitted to the House of
Representatives and the Senate under section
123 d.'' and inserting ``a proposed agreement
for cooperation pursuant to section 123 d. of
this Act, a determination under section 129 of
this Act, or a subsequent arrangement under
section 201 of the United States-India Nuclear
Cooperation Approval and Nonproliferation
Enhancement Act, as the case may be, is
submitted to the House of Representatives and
the Senate''; and
(ii) by inserting after ``such agreement
for cooperation'' the following ``,
determination, or subsequent arrangement, as
the case may be,''; and
(B) in the second sentence, by inserting after
``such an agreement for cooperation'' the following ``,
determination, or subsequent arrangement, as the case
may be,''; and
(3) in paragraph (4)--
(A) by inserting after ``45 days after its
introduction'' the following ``(or in the case of a
joint resolution related to a subsequent arrangement
under section 201 of the United States-India Nuclear
Cooperation Approval and Nonproliferation Enhancement
Act, 15 days after its introduction)''; and
(B) by inserting after ``45-day period'' the
following: ``(or in the case of a joint resolution
related to a subsequent arrangement under section 201
of the United States-India Nuclear Cooperation Approval
and Nonproliferation Enhancement Act, 15-day period)''.
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