II 

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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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. WAIVER AUTHORITY. 

4 (a) WAIVER AUTHORITY.—Notwithstanding any 

5 other provision of law, if the President makes the deter6 mination described in subsection (b), the President may— 

7 (1) exempt a proposed agreement for coopera8 tion with India (arranged pursuant to section 123 of 

9 the Atomic Energy Act of 1954 (42 U.S.C. 2153)) 


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1 from the requirement in section 123(a)(2) of the 

2 Atomic Energy Act of 1954, and such agreement for 

3 cooperation shall be subject to the same congres4 sional review procedures under sections 123(b) and 

5 123(d) of such Act as an agreement for cooperation 

6 that has not been exempted from any requirement 

7 contained in section 123(a) of such Act; 

8 (2) waive the application of section 128 of the 

9 Atomic Energy Act of 1954 (42 U.S.C. 2157) with 

10 respect to India; and 

11 (3) waive the application of any sanction under 

12 section 129 of the Atomic Energy Act of 1954 (42 

13 U.S.C. 2158) with respect to India. 

14 (b) DETERMINATION.—The determination referred to 

15 in subsection (a) is a determination by the President that 

16 the following actions have occurred: 

17 (1) India has provided the United States and 

18 the International Atomic Energy Agency (IAEA) 

19 with a credible plan to separate civil and military fa20 cilities, materials, and programs, and has filed a 

21 declaration regarding its civil facilities with the 

22 IAEA. 

23 (2) An agreement has entered into force be24 tween India and the IAEA requiring the application 

25 of safeguards in accordance with IAEA practices to 


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1 India’s civil nuclear facilities as declared in the plan 

2 described in paragraph (1). 

3 (3) India and the IAEA are making satisfactory 

4 progress toward implementing an Additional Pro5 tocol that would apply to India’s civil nuclear pro6 gram. 

7 (4) India is working with the United States for 

8 the conclusion of a multilateral Fissile Material Cut9 off Treaty. 

10 (5) India is supporting international efforts to 

11 prevent the spread of enrichment and reprocessing 

12 technology. 

13 (6) India is ensuring that the necessary steps 

14 are being taken to secure nuclear materials and 

15 technology through the application of comprehensive 

16 export control legislation and regulations, and 

17 through harmonization and adherence to Missile 

18 Technology Control Regime (MTCR) and Nuclear 

19 Suppliers Group (NSG) guidelines. 

20 (7) Supply to India by the United States under 

21 an agreement for cooperation arranged pursuant to 

22 section 123 of the Atomic Energy Act of 1954 is 

23 consistent with United States participation in the 

24 Nuclear Suppliers Group. 


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1 (c) REPORT.—Any determination pursuant to sub2 section (b) shall be reported to the Committee on Foreign 

3 Relations of the Senate and the Committee on Inter4 national Relations of the House of Representatives, and 

5 such report shall describe the basis for the President’s de6 termination. 

7 (d) SUBSEQUENT DETERMINATION.—A determina8 tion under subsection (b) shall not be effective if the Presi9 dent determines that India has detonated a nuclear explo10 sive device after the date of enactment of this Act. 

Æ 


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