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 Rela-
tions, and in addition to the Committee on Rules, for a period to be sub-
sequently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. WAIVER AUTHORITY. 
(a) WAIVER
AUTHORITY.—Notwithstanding any 
other provision of law, if the President makes the deter-
mination described in subsection (b), the President may— 
(1) exempt a proposed agreement for coopera-
tion with India (arranged pursuant to section 123 of 
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the Atomic Energy Act of 1954 (42 U.S.C. 2153)) 
from the requirement in section 123(a)(2) of the 
Atomic Energy Act of 1954, and such agreement for 
cooperation shall be subject to the same congres-
sional review procedures under sections 123(b) and 
123(d) of such Act as an agreement for cooperation 
that has not been exempted from any requirement 
contained in section 123(a) of such Act; 
(2) waive the application of section 128 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2157) with 
respect to India; and 
(3) waive the application of any sanction under 
section 129 of the Atomic Energy Act of 1954 (42 
U.S.C. 2158) with respect to India. 
(b) DETERMINATION.—The determination referred to 
in subsection (a) is a determination by the President that 
the following actions have occurred: 
(1) India has provided the United States and 
the International Atomic Energy Agency (IAEA) 
with a credible plan to separate civil and military fa-
cilities, materials, and programs, and has filed a 
declaration regarding its civil facilities with the 
IAEA. 
(2) An agreement has entered into force be-
tween India and the IAEA requiring the application 
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of safeguards in accordance with IAEA practices to 
India’s civil nuclear facilities as declared in the plan 
described in paragraph (1). 
(3) India and the IAEA are making satisfactory 
progress toward implementing an Additional Pro-
tocol that would apply to India’s civil nuclear pro-
gram. 
(4) India is working with the United States for 
the conclusion of a multilateral Fissile Material Cut-
off Treaty. 
(5) India is supporting international efforts to 
prevent the spread of enrichment and reprocessing 
technology. 
(6) India is ensuring that the necessary steps 
are being taken to secure nuclear materials and 
technology through the application of comprehensive 
export control legislation and regulations, and 
through harmonization and adherence to Missile 
Technology Control Regime (MTCR) and Nuclear 
Suppliers Group (NSG) guidelines. 
(7) Supply to India by the United States under 
an agreement for cooperation arranged pursuant to 
section 123 of the Atomic Energy Act of 1954 is 
consistent with United States participation in the 
Nuclear Suppliers Group. 
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(c) REPORT.—Any determination pursuant to sub-
section (b) shall be reported to the Committee on Foreign 
Relations of the Senate and the Committee on Inter-
national Relations of the House of Representatives, and 
such report shall describe the basis for the President’s de-
termination. 
(d) SUBSEQUENT DETERMINATION.—A determina-
tion under subsection (b) shall not be effective if the Presi-
dent determines that India has detonated a nuclear explo-
sive device after the date of enactment of this Act. 
Æ 
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