I 
109TH CONGRESS 
2D SESSION 
H. R. 5682 
To exempt from certain requirements of the Atomic Energy Act of 1954 
a proposed nuclear agreement for cooperation with India. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2006 
Mr. HYDE (for himself, Mr. LANTOS, Ms. ROS-LEHTINEN, Mr. ACKERMAN, 
Mr. BURTON
of Indiana, Mr. WILSON
of South Carolina, Mr. 
FALEOMAVAEGA, Mr. ENGEL, Mr. CROWLEY, and Mr. ETHERIDGE) intro-
duced the following bill; which was referred to the Committee on Inter-
national Relations, and in addition to the Committee on Rules, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To exempt from certain requirements of the Atomic Energy 
Act of 1954 a proposed nuclear agreement for coopera-
tion with India. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States and 
India Nuclear Cooperation Promotion Act of 2006’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
VerDate Aug 31 2005 
02:20 Jun 27, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5682.IH
H5682
CCOLEMAN on PROD1PC71 with BILLS
(1) preventing the proliferation of nuclear 
weapons, other weapons of mass destruction, the 
means to produce them, and the means to deliver 
them are critical objectives for United States foreign 
policy; 
(2) sustaining the NPT and strengthening its 
implementation, particularly its verification and 
compliance, is the keystone of United States non-
proliferation policy; 
(3) the NPT has been a significant success in 
preventing the acquisition of nuclear weapons capa-
bilities and maintaining a stable international secu-
rity situation; 
(4) countries that have never become a party to 
the NPT and remain outside that treaty’s legal re-
gime pose a potential challenge to the achievement 
of the overall goals of global nonproliferation, be-
cause those countries have not undertaken the 
NPT’s international obligation to prohibit the spread 
of dangerous nuclear technologies; 
(5) it is in the interest of the United States to 
the fullest extent possible to ensure that those coun-
tries that are not NPT members are responsible 
with any nuclear technology they develop; 
VerDate Aug 31 2005 
02:20 Jun 27, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5682.IH
H5682
CCOLEMAN on PROD1PC71 with BILLS
(6) it may be in the interest of the United 
States to enter into an agreement for nuclear co-
operation as set forth in section 123 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2153) with a coun-
try that has never been an NPT member with re-
spect to civilian nuclear technology if— 
(A) the country has demonstrated respon-
sible behavior with respect to the nonprolifera-
tion of technology related to weapons of mass 
destruction programs and the means to deliver 
them; 
(B) the country has a functioning and un-
interrupted democratic system of government, 
has a foreign policy that is congruent to that of 
the United States, and is working with the 
United States in key foreign policy initiatives 
related to non-proliferation; 
(C) such cooperation induces the country 
to implement the highest possible protections 
against the proliferation of technology related 
to weapons of mass destruction programs and 
the means to deliver them, and to refrain from 
actions that would further the development of 
its nuclear weapons program; and 
VerDate Aug 31 2005 
02:20 Jun 27, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5682.IH
H5682
CCOLEMAN on PROD1PC71 with BILLS
(D) such cooperation will induce the coun-
try to give greater political and material sup-
port to the achievement of United States global 
and regional nonproliferation objectives, espe-
cially with respect to dissuading, isolating, and, 
if necessary, sanctioning and containing states 
that sponsor terrorism and terrorist groups, 
that are seeking to acquire a nuclear weapons 
capability or other weapons of mass destruction 
capability and the means to deliver such weap-
ons; and 
(7)(A) India meets the criteria described in this 
subsection; and 
(B) it is in the national security interest of the 
United States to deepen its relationship with India 
across a full range of issues, including peaceful nu-
clear cooperation. 
SEC. 3. STATEMENTS OF POLICY. 
(a) IN GENERAL.—The following shall be the policies 
of the United States: 
(1) Oppose the development of a capability to 
produce nuclear weapons by any non-nuclear weapon 
state, within or outside of the Treaty on the Non- 
Proliferation of Nuclear Weapons (21 UST 483; 
VerDate Aug 31 2005 
02:20 Jun 27, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5682.IH
H5682
CCOLEMAN on PROD1PC71 with BILLS
commonly referred to as the ‘‘Nuclear Non-Pro-
liferation Treaty’’ or the ‘‘NPT’’). 
(2) Encourage states party to the NPT to in-
terpret the right to ‘‘develop research, production 
and use of nuclear energy for peaceful purposes’’, as 
described in Article IV of the NPT, as being a quali-
fied right that is conditioned by the overall purpose 
of the NPT to prevent the spread of nuclear weap-
ons and nuclear weapons capability, including by re-
fraining from all nuclear cooperation with any state 
party that has not demonstrated that it is in full 
compliance with its NPT obligations, as determined 
by the IAEA. 
(3) Strengthen the Nuclear Suppliers Group 
guidelines concerning consultation by members re-
garding violations of supplier and recipient under-
standings by instituting the practice of a timely and 
coordinated response by NSG members to all such 
violations, including termination of nuclear transfers 
to an involved recipient, that discourages individual 
NSG members from continuing cooperation with 
such recipient until such time as a consensus regard-
ing a coordinated response has been achieved. 
VerDate Aug 31 2005 
02:20 Jun 27, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5682.IH
H5682
CCOLEMAN on PROD1PC71 with BILLS