49–008 

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 


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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) 


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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)’’. 


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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. 


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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; 


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(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 nongovernment witnesses as each Committee determines necessary to evaluate each report. 

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