IV 
109TH CONGRESS 
1ST SESSION 
H. CON. RES. 318 
Expressing concern regarding nuclear proliferation with respect to proposed 
full civilian nuclear cooperation with India, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 15, 2005 
Mr. MARKEY (for himself and Mr. UPTON) submitted the following concurrent 
resolution; which was referred to the Committee on Internal Relations 
CONCURRENT RESOLUTION 
Expressing concern regarding nuclear proliferation with re-
spect to proposed full civilian nuclear cooperation with 
India, and for other purposes. 
Whereas the United States is obligated under Article I of the 
Treaty on the Non-Proliferation of Nuclear Weapons 
(NPT) ‘‘not to transfer to any recipient whatsoever nu-
clear weapons or other nuclear explosive devices or con-
trol over such weapons or explosive devices directly, or in-
directly; and not in any way to assist, encourage, or in-
duce any non-nuclear weapon State to manufacture or 
otherwise acquire nuclear weapons . . .’’; 
Whereas the United States has long sought to expand the ef-
fective application of and compliance with comprehensive, 
full-scope International Atomic Energy Agency (IAEA) 
safeguards and strengthened safeguards through the
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1997 Model Additional Protocol, in order to help prevent 
the diversion of civilian nuclear programs for military 
purposes; 
Whereas the Atomic Energy Act of 1954 prohibits, among 
other activities, civilian nuclear cooperation with non-
nuclear-weapon states, as defined by the NPT, that do 
not allow full-scope IAEA safeguards; 
Whereas the United States proposed and won the support of 
the Nuclear Suppliers Group (NSG) in 1992 to adopt 
rules that condition the supply of dual-use or nuclear 
‘‘trigger list’’ items only to states that allow for full-scope 
IAEA safeguards, in order to prevent diversion of those 
items to military programs; 
Whereas under United Nations Security Council Resolution 
1172 (1998) the United States and other states com-
mitted ‘‘. . . to prevent the export of equipment, mate-
rials or technology that could in any way assist pro-
grammes in India or Pakistan for nuclear weapons or for 
ballistic missiles capable of delivering such weapons . . .’’; 
Whereas President Bush proposed in 2004 that the guide-
lines for the supply of NSG-restricted items be strength-
ened so as to require adherence to the 1997 Model Addi-
tional Protocol; 
Whereas the United States has long supported the negotia-
tion of a global treaty to prohibit the production of fissile 
material for weapons purposes as a means of limiting the 
growth of global nuclear weapons stockpiles; 
Whereas the United States and the four other original nu-
clear-weapon states have ceased production of fissile ma-
terials for weapons purposes;
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Whereas India is not a member of the NPT, has not agreed 
to full-scope IAEA safeguards, has conducted nuclear 
test explosions, and has not halted the production of 
fissile material for weapons purposes; and 
Whereas President Bush and Indian Prime Minister Singh 
issued a joint United States-Indian communique´ on July 
18, 2005, in which President Bush pledged to seek 
changes in the Atomic Energy Act of 1954 to allow for 
‘‘full’’ civil nuclear cooperation with India and to seek 
changes to Nuclear Supplier Group guidelines relating to 
such activities: Now, therefore, be it 
Resolved by the House of Representatives (the Senate 
concurring), That the Congress— 
(1) supports strengthened ties between the 
United States and India through expanded coopera-
tion in trade and human development, scientific and 
medical research, energy technology, humanitarian 
relief, military-to-military contacts, and the struggle 
against global terrorism; 
(2) believes that the United States and India 
have a vital common interest in reducing the global 
dangers posed by nuclear weapons through effective 
nonproliferation and disarmament endeavors; 
(3) supports efforts by the current Nuclear 
Supplies Group guidelines regarding the application 
of full-scope safeguards and the proposal of Presi-
dent Bush to make the 1997 Model Additional Pro-
tocol a condition for the supply of nuclear materials
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and dual-use technology to non-nuclear-weapon 
states by exporting nations of the Nuclear Suppliers 
Group; 
(4) finds that the cessation of the production of 
fissile materials (highly enriched uranium and pluto-
nium) for weapons purposes would enhance the secu-
rity of the United States and the world; 
(5) expresses its concern that the supply of nu-
clear fuel to India could result in the availability of 
India’s existing fissile material stockpile, and in In-
dia’s capacity to produce fissile material, for weap-
ons purposes and thereby compromise the ability of 
the United States to comply with Article I of the 
Treaty on the Non-Proliferation of Nuclear Weap-
ons; 
(6) finds that the proposal for full civilian nu-
clear cooperation between the United States and 
India, as outlined on July 18, 2005, poses far-reach-
ing and potentially adverse implications for the nu-
clear nonproliferation objectives of the United States 
and promises to do little in the long-term to bring 
India into closer alignment with other strategic ob-
jectives of the United States; 
(7) reiterates its disapproval of any proposal for 
nuclear cooperation that would result in the export,
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re-export, transfer, or retransfer, either directly or 
indirectly, to any country that— 
(A) is not a party to the Treaty on the 
Non-Proliferation of Nuclear Weapons and has 
detonated a nuclear explosive device, or 
(B) is a nonnuclear-weapon state under 
that Treaty, but has not accepted full-scope 
International Atomic Energy Agency safeguards 
over all of its nuclear facilities, 
of nuclear materials, equipment, or technology that 
could assist, directly or indirectly, in the production 
or manufacture of nuclear weapons, including— 
(i) any source material, special nuclear ma-
terial, byproduct material, production facility, 
or utilization facility subject to a requirement 
for an Agreement for Cooperation under section 
123 of the Atomic Energy Act of 1954; 
(ii) any items or assistance authorized 
under section 57b. of the Atomic Energy Act of 
1954 and any regulations prescribed under part 
810 of title 10, Code of Federal Regulations; or 
(iii) any nuclear-related item on the Com-
merce Control list maintained under part 774 
of title 15, Code of Federal Regulations. 
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