I 

109TH CONGRESS 

2D SESSION H. R. 4974 

To authorize the President to waive the application of certain requirements 

under the Atomic Energy Act of 1954 with respect to India. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2006 

Mr. HYDE (for himself and Mr. LANTOS) (both by request): introduced the 

following bill; which was referred to the Committee on International Relations, 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 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 


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•HR 4974 IH 

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

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

3 Atomic Energy Act of 1954, and such agreement for 

4 cooperation shall be subject to the same congres5 sional review procedures under sections 123(b) and 

6 123(d) of such Act as an agreement for cooperation 

7 that has not been exempted from any requirement 

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

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

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

11 respect to India; and 

12 (3) waive the application of any sanction under 

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

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

15 (b) DETERMINATION.—The determination referred to 

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

17 the following actions have occurred: 

18 (1) India has provided the United States and 

19 the International Atomic Energy Agency (IAEA) 

20 with a credible plan to separate civil and military fa21 cilities, materials, and programs, and has filed a 

22 declaration regarding its civil facilities with the 

23 IAEA. 

24 (2) An agreement has entered into force be25 tween India and the IAEA requiring the application 


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•HR 4974 IH 

1 of safeguards in accordance with IAEA practices to 

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

3 described in paragraph (1). 

4 (3) India and the IAEA are making satisfactory 

5 progress toward implementing an Additional Pro6 tocol that would apply to India’s civil nuclear pro7 gram. 

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

9 the conclusion of a multilateral Fissile Material Cut10 off Treaty. 

11 (5) India is supporting international efforts to 

12 prevent the spread of enrichment and reprocessing 

13 technology. 

14 (6) India is ensuring that the necessary steps 

15 are being taken to secure nuclear materials and 

16 technology through the application of comprehensive 

17 export control legislation and regulations, and 

18 through harmonization and adherence to Missile 

19 Technology Control Regime (MTCR) and Nuclear 

20 Suppliers Group (NSG) guidelines. 

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

22 an agreement for cooperation arranged pursuant to 

23 section 123 of the Atomic Energy Act of 1954 is 

24 consistent with United States participation in the 

25 Nuclear Suppliers Group. 


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•HR 4974 IH 

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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