(b) WITH RESPECT TO SOUTH ASIA.—The following 
shall be the policies of the United States with respect to 
South Asia: 
(1) 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. 
(2) Achieve, at the earliest possible date, the 
conclusion and implementation of a treaty banning 
the production of fissile material for nuclear weap-
ons to which both the United States and India be-
come parties. 
(3) Secure India’s— 
(A) full participation in the Proliferation 
Security Initiative; 
(B) formal commitment to the Statement 
of Interdiction Principles; 
(C) public announcement of its decision to 
conform its export control laws, regulations, 
and policies with the Australia Group and with 
the Guidelines, Procedures, Criteria, and Con-
trol Lists of the Wassennaar Arrangement; 
(D) demonstration of satisfactory progress 
toward implementing the decision described in 
subparagraph (C); and 
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(E) ratification of or accession to the Con-
vention on Supplementary Compensation for 
Nuclear Damage, done at Vienna on September 
12, 1997. 
(4) 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. 
(5) Seek to halt the increase of nuclear weapon 
arsenals in South Asia, and to promote their reduc-
tion and eventual elimination. 
SEC. 4. WAIVER AUTHORITY AND CONGRESSIONAL AP-
PROVAL. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, if the President makes the determination de-
scribed in subsection (b), the President may— 
(1) exempt a proposed agreement for nuclear 
cooperation with India (arranged pursuant to section 
123 of the Atomic Energy Act of 1954 (42 U.S.C. 
2153)) from the requirement in section 123 a.(2) of 
such Act, and such agreement for cooperation may 
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CCOLEMAN on PROD1PC71 with BILLS
only enter into force in accordance with subsections 
(f) and (g); 
(2) waive the application of section 128 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2157) with 
respect to India, provided that such waiver shall 
cease to be effective if the President determines that 
India has engaged in any activity described section 
129 of such Act (42 U.S.C. 2158), other than sec-
tion 129 a.(1)(D) or section 129 a.(2)(C) of such 
Act, at any time after the date of the enactment of 
this Act; and 
(3) with respect to India— 
(A) waive the restrictions of section 129 
a.(1)(A) of the Atomic Energy Act of 1954 (42 
U.S.C. 2158 a.(1)(A)) for any activity that oc-
curred on or before July 18, 2005; and 
(B) section 129 a.(1)(D) of such Act. 
(b) DETERMINATION BY THE PRESIDENT.—The de-
termination referred to in subsection (a) is a determina-
tion by the President that the following actions have oc-
curred: 
(1) India has provided the United States and 
the International Atomic Energy Agency with a 
credible plan to separate civil and military nuclear 
facilities, materials, and programs, and has filed a 
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CCOLEMAN on PROD1PC71 with BILLS
declaration regarding its civil facilities with the 
IAEA. 
(2) India and the IAEA have concluded an 
agreement requiring the application of IAEA safe-
guards in perpetuity in accordance with IAEA 
standards, principles, and practices (including IAEA 
Board of Governors Document GOV/1621 (1973)) 
to India’s civil nuclear facilities, materials, and pro-
grams as declared in the plan described in para-
graph (1), including materials used in or produced 
through the use of India’s civil nuclear facilities. 
(3) India and the IAEA are making substantial 
progress toward concluding an Additional Protocol 
consistent with IAEA principles, practices, and poli-
cies that would apply to India’s civil nuclear pro-
gram. 
(4) India is working actively with the United 
States for the early conclusion of a multilateral 
Fissile Material Cutoff Treaty. 
(5) India is working with and supporting 
United States and international efforts to prevent 
the spread of enrichment and reprocessing tech-
nology. 
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(6) India is taking the necessary steps to secure 
nuclear and other sensitive materials and technology, 
including through— 
(A) the enactment and enforcement of 
comprehensive export control legislation and 
regulations; 
(B) harmonization of its export control 
laws, regulations, policies, and practices with 
the policies and practices of the Missile Tech-
nology Control Regime and the Nuclear Sup-
pliers Group; and 
(C) adherence to the MTCR and the NSG 
in accordance with the procedures of those re-
gimes for unilateral adherence. 
(7) The NSG has decided by consensus to per-
mit supply to India of nuclear items covered by the 
guidelines of the NSG. 
(c) SUBMISSION TO CONGRESS.— 
(1) IN GENERAL.—The President shall submit 
to the Committee on International Relations of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate information con-
cerning any determination made pursuant to sub-
section (b), together with a report detailing the basis 
for the determination. 
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CCOLEMAN on PROD1PC71 with BILLS
(2) INFORMATION TO BE INCLUDED.—To the 
fullest extent available to the United States, the in-
formation referred to in paragraph (1) shall include 
the following: 
(A) A summary of the plan provided by 
India to the United States and the IAEA to 
separate India’s civil and military nuclear facili-
ties, materials, and programs, and the declara-
tion made by India to the IAEA identifying In-
dia’s civil facilities to be placed under IAEA 
safeguards, including an analysis of the credi-
bility of such plan and declaration, together 
with copies of the plan and declaration. 
(B) A summary of the agreement that has 
been entered into between India and the IAEA 
requiring the application of safeguards in ac-
cordance with IAEA practices to India’s civil 
nuclear facilities as declared in the plan de-
scribed in subparagraph (A), together with a 
copy of the agreement, and a description of the 
progress toward its full implementation. 
(C) A summary of the progress made to-
ward conclusion and implementation of an Ad-
ditional Protocol between India and the IAEA, 
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including a description of the scope of such Ad-
ditional Protocol. 
(D) A description of the steps that India 
is taking to work with the United States for the 
conclusion of a multilateral treaty banning the 
production of fissile material for nuclear weap-
ons, including a description of the steps that 
the United States has taken and will take to 
encourage India to identify and declare a date 
by which India would be willing to stop produc-
tion of fissile material for nuclear weapons uni-
laterally or pursuant to a multilateral morato-
rium or treaty. 
(E) A description of the steps India is tak-
ing to prevent the spread of nuclear-related 
technology, including enrichment and reprocess-
ing technology or materials that can be used to 
acquire a nuclear weapons technology, as well 
as the support that India is providing to the 
United States to further United States objec-
tives to restrict the spread of such technology. 
(F) A description of the steps that India is 
taking to secure materials and technology appli-
cable for the development, acquisition, or manu-
facture of weapons of mass destruction and the 
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means to deliver such weapons through the ap-
plication of comprehensive export control legis-
lation and regulations, and through harmoni-
zation and adherence to Missile Technology 
Control Regime, the Nuclear Suppliers Group, 
the Australia Group, Wassennaar guidelines, 
and United Nations Security Council Resolution 
1540, and participation in the Proliferation Se-
curity Initiative. 
(G) A description of the decision taken 
within the Nuclear Suppliers Group relating to 
nuclear 
cooperation 
with 
India, 
including 
whether nuclear cooperation by the United 
States under an agreement for cooperation ar-
ranged pursuant to section 123 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2153) is con-
sistent with the decision, practices, and policies 
of the NSG. 
(H) A description of the scope of peaceful 
cooperation envisioned by the United States 
and India that will be implemented under the 
Agreement for Nuclear Cooperation, including 
whether such cooperation will include the provi-
sion of enrichment and reprocessing technology. 
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CCOLEMAN on PROD1PC71 with BILLS
(d) RESTRICTIONS
ON NUCLEAR TRANSFERS
TO 
INDIA.— 
(1) IN GENERAL.—Notwithstanding the entry 
into force of an agreement for cooperation with 
India pursuant to section 123 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2153) and approved pursu-
ant to this Act, no item subject to such agreement 
or subject to the transfer guidelines of the NSG may 
be transferred to India if such transfer would violate 
the transfer guidelines of the NSG as in effect on 
the date of the transfer. 
(2) TERMINATION OF NUCLEAR TRANSFERS TO 
INDIA.—Notwithstanding the entry into force of an 
agreement for nuclear cooperation with India (ar-
ranged pursuant to section 123 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2153)), exports of nu-
clear and nuclear-related material, equipment, or 
technology to India shall be terminated if India 
makes any materially significant transfer of— 
(A) nuclear or nuclear-related material, 
equipment, or technology that does not conform 
to NSG guidelines, or 
(B) ballistic missiles or missile-related 
equipment or technology that does not conform 
to MTCR guidelines, 
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CCOLEMAN on PROD1PC71 with BILLS
unless the President determines that cessation of 
such exports would be seriously prejudicial to the 
achievement of United States nonproliferation objec-
tives or otherwise jeopardize the common defense 
and security. 
(3) PROHIBITION ON NUCLEAR TRANSFERS TO 
INDIA.—If nuclear transfers to India are restricted 
pursuant to this Act, the Atomic Energy Act of 
1954, or the Arms Export Control Act, the Presi-
dent should seek to prevent the transfer to India of 
nuclear equipment, materials, or technology from 
other participating governments in the NSG or from 
any other source. 
(e) APPROVAL OF AGREEMENT FOR NUCLEAR CO-
OPERATION REQUIRED.— 
(1) IN GENERAL.—Subject to subsection (m), 
an agreement for nuclear cooperation between the 
United States and India submitted pursuant to this 
section may become effective only if— 
(A) the President submits to Congress the 
agreement concluded between the United States 
and India, including a copy of the safeguards 
agreement entered into between the IAEA and 
India relating to India’s declared civilian nu-
clear facilities, in accordance with the require-
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CCOLEMAN on PROD1PC71 with BILLS
ments and procedures of section 123 of the 
Atomic Energy Act of 1954 (other than section 
123 a.(2) of such Act) that are otherwise not 
inconsistent with the provisions of this Act; and 
(B) after the submission under subpara-
graph (A), the agreement is approved by a joint 
resolution that is enacted into law. 
(2) CONSULTATION.—Beginning one month 
after the date of the enactment of this Act and every 
month thereafter until the President submits to Con-
gress the agreement referred to in paragraph (1), 
the President should consult with the Committee on 
International Relations of the House of Representa-
tives and the Committee on Foreign Relations of the 
Senate regarding the status of the negotiations be-
tween the United States and India with respect to 
civilian nuclear cooperation and between the IAEA 
and India with respect to the safeguards agreement 
described in subsection (b)(2). 
(f) JOINT RESOLUTION.—For purposes of this sec-
tion, a joint resolution referred to in subsection (e)(1)(B) 
is a joint resolution of the two Houses of Congress— 
(1) the matter after the resolving clause of 
which is as follows: ‘‘That the Congress hereby ap-
proves the Agreement for Nuclear Cooperation Be-
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CCOLEMAN on PROD1PC71 with BILLS
tween the United States of America and the Repub-
lic of India submitted by the President on 
lllllllllll.’’, with the blank space 
being filled with the appropriate date; 
(2) which does not have a preamble; and 
(3) the title of which is as follows: ‘‘Joint Reso-
lution Approving an Agreement for Nuclear Co-
operation Between the United States and India’’. 
(g) INTRODUCTION AND REFERRAL.— 
(1) INTRODUCTION.—A joint resolution shall, 
on the day on which the submissions under sub-
section (e)(1)(A) are made (or, if either House of 
Congress is not in session on that day, the first day 
thereafter when that House is in session)— 
(A) be introduced in the House of Rep-
resentatives by the majority leader, for himself 
and the minority leader of the House, or by 
Members of the House designated by the major-
ity leader and minority leader of the House; 
and 
(B) be introduced in the Senate by the ma-
jority leader, for himself and the minority lead-
er of the Senate, or by Members of the Senate 
designated by the majority leader and minority 
leader of the Senate. 
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CCOLEMAN on PROD1PC71 with BILLS
If either House of Congress is not in session on that 
day, the joint resolution shall be introduced on the 
first day thereafter when both Houses are in session. 
(2) REFERRAL.—The joint resolution shall be 
referred to the Committee on International Relations 
of the House of Representatives and to the Com-
mittee on Foreign Relations of the Senate. 
(h) DISCHARGE OF COMMITTEES.—If a committee to 
which a joint resolution is referred has not reported such 
joint resolution by the end of 60 days beginning on the 
date of its introduction, or the date of the submission of 
the nonproliferation assessment statement described in 
section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
2153), whichever is later, such committee shall be dis-
charged from further consideration of such joint resolu-
tion, and such joint resolution shall be placed on the ap-
propriate calendar of the House involved. 
(i) FLOOR CONSIDERATION IN THE HOUSE OF REP-
RESENTATIVES.— 
(1) IN GENERAL.—On or after the third cal-
endar 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 a joint resolution is referred 
has reported, or has been discharged from further 
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CCOLEMAN on PROD1PC71 with BILLS
consideration of, such a joint resolution, it shall be 
in order for any Member of the House to move to 
proceed to the consideration of the joint resolution. 
A Member of the House may make the motion only 
on the day after the calendar day on which the 
Member announces to the House the Member’s in-
tention to do so. Such motion shall be privileged and 
shall not be debatable. The motion shall not be sub-
ject to amendment or to a motion to postpone. A 
motion to reconsider the vote by which the motion 
is agreed to shall not be in order. If a motion to pro-
ceed to the consideration of the joint resolution is 
agreed to, the House shall immediately proceed to 
consideration of the joint resolution which shall re-
main the unfinished business until disposed of. 
(2) DEBATE.—Debate on a joint resolution, and 
on all debatable motions and appeals in connection 
therewith, shall be limited to not more than six 
hours, which shall be divided equally between those 
favoring and those opposing the joint resolution. An 
amendment to the joint resolution shall not be in 
order. A motion to further limit debate shall be in 
order and shall not be debatable. A motion to table, 
a motion to postpone, or a motion to recommit the 
joint resolution shall not be in order. A motion to re-
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CCOLEMAN on PROD1PC71 with BILLS
consider the vote by which the joint resolution is 
agreed to or disagreed to shall not be in order. 
(3) APPEALS.—Appeals from the decisions of 
the Chair to the procedure relating to a joint resolu-
tion shall be decided without debate. 
(j) FLOOR CONSIDERATION IN THE SENATE.—Any 
joint resolution shall be considered in the Senate in ac-
cordance with the provisions of section 601(b)(4) of the 
International Security Assistance and Arms Export Con-
trol Act of 1976. 
(k) CONSIDERATION BY THE OTHER HOUSE.—If, be-
fore the passage by one House of a joint resolution of that 
House, that House receives a joint resolution from the 
other House, then the following procedures shall apply: 
(1) The joint resolution of the other House 
shall not be referred to a committee and may not be 
considered in the House receiving it except in the 
case of final passage as provided in paragraph 
(2)(B). 
(2) With respect to a joint resolution of the 
House receiving the joint resolution— 
(A) the procedure in that House shall be 
the same as if no joint resolution had been re-
ceived from the other House; but 
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CCOLEMAN on PROD1PC71 with BILLS
(B) the vote on final passage shall be on 
the joint resolution of the other House. 
(3) Upon disposition of the joint resolution re-
ceived from the other House, it shall no longer be 
in order to consider the joint resolution that origi-
nated in the receiving House. 
(l) COMPUTATION OF DAYS.—In the computation of 
the period of 60 days referred to in subsection (h), there 
shall be excluded the days on which either House of Con-
gress is not in session because of an adjournment of more 
than 3 days to a day certain or because of an adjournment 
of the Congress sine die. 
(m) SECTION 123 OF ATOMIC ENERGY ACT NOT AF-
FECTED.—Notwithstanding subsection (e)(1), this section 
does not preclude the approval, under section 123 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2153), of an 
agreement for cooperation in which India is the cooper-
ating party. 
(n) SUNSET.—The procedures under this section 
shall cease to be effective upon the enactment of a joint 
resolution under this section. 
(o) REPORTS.— 
(1) POLICY OBJECTIVES.—The President shall, 
not later than January 31, 2007, and not later than 
January 31 of each year thereafter, submit to the 
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CCOLEMAN on PROD1PC71 with BILLS
Committee on International Relations of the House 
of Representatives and the Committee on Foreign 
Relations of the Senate a report on— 
(A) the extent to which each policy objec-
tive in section 3(b) has been achieved; 
(B) the steps taken by the United States 
and India in the preceding calendar year to ac-
complish those objectives; 
(C) the extent of cooperation by other 
countries in achieving those objectives; and 
(D) the steps the United States will take 
in the current calendar year to accomplish those 
objectives. 
(2) NUCLEAR EXPORTS TO INDIA.— 
(A) IN GENERAL.—Not later than one year 
after the date on which an agreement for nu-
clear cooperation between the United States 
and India is approved by Congress under sec-
tion 4(f) and every year thereafter, the Presi-
dent shall submit to the Committee on Inter-
national Relations of the House of Representa-
tives and the Committee on Foreign Relations 
of the Senate a report describing United States 
exports to India for the preceding year pursu-
ant to such agreement and the anticipated ex-
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CCOLEMAN on PROD1PC71 with BILLS
ports to India for the next year pursuant to 
such agreement. 
(B) NUCLEAR
FUEL.—The report de-
scribed in subparagraph (A) shall also include 
(in a classified form if necessary)— 
(i) an estimate for the previous year 
of the amount of uranium mined in India; 
(ii) the amount of such uranium that 
has likely been used or allocated for the 
production of nuclear explosive devices; 
(iii) the rate of production of— 
(I) fissile material for nuclear ex-
plosive devices; and 
(II) nuclear explosive devices; 
and 
(iv) an analysis as to whether im-
ported uranium has affected such rate of 
production of nuclear explosive devices. 
(p) DEFINITIONS.—In this Act: 
(1) IAEA.—The term ‘‘IAEA’’ means the 
International Atomic Energy Agency. 
(2) MTCR.—The term ‘‘MTCR’’ means the 
Missile Technology Control Regime. 
(3) NPT.—The term ‘‘NPT’’ means the Treaty 
on the Non-Proliferation of Nuclear Weapons. 
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(4) NPT MEMBER.—The term ‘‘NPT member’’ 
means a country that is a party to the NPT. 
(5) NSG.—The term ‘‘NSG’’ means the Nu-
clear Suppliers Group. 
Æ 
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