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# Legislative Bulletin....................................................July 26, 2006

**Contents:**

**H.R. 5682**---United States and India Nuclear Cooperation Promotion
Act

H.R. 5682---United States and India Nuclear Cooperation Promotion
Act---*as reported* (Hyde, R-IL)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, July 26^th^, subject to a rule. If any
amendments are made in order under the rule, they will be summarized in
a separate RSC document.

**[Summary]{.underline}**: H.R. 5682 would exempt future, non-weapon
nuclear cooperation agreements with India from current statutory
restrictions in the Atomic Energy Act of 1954 (AEA) that would otherwise
not permit the export of nuclear items and materials to India. In order
to waive the AEA requirements, the President would have to certify to
Congress that India has fulfilled the commitments it undertook on July
18, 2005 in the U.S.-India Joint Statement to (among other activities)
expand peaceful nuclear trade, including:

-   providing a credible plan to separate its civilian and military
    nuclear facilities, materials, and programs;

-   concluding a permanent nuclear safeguards agreement with the
    International Atomic Energy Agency (IAEA);

-   progressing on an Additional (IAEA) Protocol that would apply to
    India's civil nuclear program;

-   working actively with the United States for the early conclusion of
    a multilateral Fissile Material Cutoff Treaty;

-   working actively with the United States to prevent the spread of
    nuclear enrichment and reprocessing technology to other countries;
    and

-   enacting and enforcing comprehensive export control legislation and
    regulations to secure nuclear and other sensitive materials and
    technology.

Furthermore, the President would have to certify that the Nuclear
Suppliers Group (NSG) has agreed by consensus to modify its guidelines
to permit civil nuclear trade with India, which would otherwise be
precluded by its 45 member-states.

Congress would have to approve, via a joint resolution enacted into law,
any proposed civil nuclear agreement with India. On the day the
President submits a proposed nuclear agreement with India to Congress,
the majority leaders of both Houses (or their designees) would have to
introduce the joint resolutions that same day. If a congressional
committee to which the joint resolution is referred has not reported the
resolution within 60 days of its introduction, such committee would be
discharged from further consideration of the resolution, and the
resolution would be placed on the appropriate calendar of the House
involved. The following special procedures would apply to consideration
of the joint resolution in the House of Representatives:

-   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 the joint resolution is referred has reported, or has been
    discharged from further consideration of, such a joint resolution,
    it would be in order for any Member of the House to move to proceed
    to the consideration of the joint resolution (after announcing such
    intention on the day before);

-   Such motion would be privileged and not debatable;

-   The motion would not be subject to amendment or to a motion to
    postpone;

-   A motion to reconsider the vote by which the motion is agreed to
    would not be in order;

-   If a motion to proceed to the consideration of the joint resolution
    is agreed to, the House would immediately proceed to consideration
    of the joint resolution, which would remain the unfinished business
    until disposed of;

-   Debate on the joint resolution, and on all debatable motions and
    appeals in connection therewith, would be limited to not more than
    six hours, divided equally between those favoring and those opposing
    the joint resolution;

-   An amendment to the joint resolution would not be in order;

-   A motion to further limit debate would be in order but not
    debatable;

-   A motion to table, a motion to postpone, or a motion to recommit the
    joint resolution would not be in order; and

-   A motion to reconsider the vote by which the joint resolution is
    agreed to or disagreed to would not be in order.

No special consideration procedures would be created for the Senate.

The bill would require a variety of status reports, including reports on
the success of the policy objectives of a nuclear agreement, U.S.
nuclear exports to India pursuant to the agreement (including the extent
to which they might be aiding India's nuclear weapons efforts), Indian
construction of new nuclear reactors and facilities, and Indian disposal
of spent nuclear fuel.

The bill explicitly states that nothing in this legislation, or any
agreement pursuant to this legislation, should be interpreted as
permitting any civil nuclear cooperation between the U.S. and India that
would "in any way assist, encourage, or induce India to manufacture or
otherwise acquire nuclear weapons or nuclear explosive devices." Nuclear
agreement termination provisions would activate upon India's violation
of the non-weapon nature of any agreement implemented pursuant to this
legislation.

The bill also states a variety of findings and statements of U.S.
policy, including:

-   "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;

-   "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; and

-   "Seek to halt the increase of nuclear weapon arsenals in South Asia,
    and to promote their reduction and eventual elimination."

The bill also emphasizes that, "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."

**[Additional Background]{.underline}**: Restrictions on non-weapon
nuclear transfers typically apply to countries that do not have
comprehensive international nuclear safeguards, that have ongoing
nuclear weapons programs, or that have tested nuclear weapons since 1978
(other than "Nuclear Weapon States," such as the United Kingdom, France,
China, and Russia, as recognized by the Treaty on the Nonproliferation
of Nuclear Weapons).

The Nuclear Suppliers Group (NSG) is a group of nuclear supplier
countries that seeks to contribute to the non-proliferation of nuclear
weapons through the implementation of guidelines for nuclear and
nuclear-related exports. To see which countries participate, visit this
website: <http://www.nuclearsuppliersgroup.org/>.

To read the U.S.-India Joint Statement of July 18, 2005, in which the
leaders of the two countries recognized "the significance of civilian
nuclear energy for meeting growing global energy demands in a cleaner
and more efficient manner," please visit this webpage:
<http://www.indianembassy.org/press_release/2005/July/21.htm>.

**[Committee Action]{.underline}**: On June 26, 2006, the bill was
referred to the International Relations Committee, which, on the next
day, marked up, amended, and ordered the bill reported to the full House
by a recorded vote of 37-5. The bill was also referred to the House
Rules Committee, which took no action on the substance of the bill. The
Rules Committee will still report a rule for the consideration of the
bill.

**[Administration Position]{.underline}**: The Administration is
strongly supportive of this bill.

**[Cost to Taxpayers]{.underline}**: CBO confirms that this bill would
have no significant effect on the federal budget.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: The International Relations
Committee, in House Report 109-590, cites constitutional authority in
Article I, Section 8, Clause 18 (the congressional power to make all
laws necessary and proper for carrying into execution the foregoing
powers listed in the Constitution), but fails to cite a foregoing power
of authority. House Rule XIII, Section 3(d)(1), requires that all
committee reports contain "a statement citing the *specific* *powers*
granted to Congress in the Constitution to enact the law proposed by the
bill or joint resolution." *\[emphasis added\]*

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718