United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act

Bill: 110-s-3548
Sponsor: Sen. Dodd, Christopher J. [D-CT]
Introduced: 2008-09-23 in the Senate
Policy area: International Affairs
Subjects: Armed Forces and National Security
Congress
Congress and foreign policy
Congressional oversight
Congressional reporting requirements
Energy
Foreign Trade and International Finance
Government Operations and Politics
India
International control of nuclear power
Law
Legislative resolutions
Licenses
Negotiations
Nuclear exports
Nuclear fuels
Nuclear nonproliferation
Nuclear power plants
President and foreign policy
Reactor fuel reprocessing
South Asia
Technology transfer
Treaties
Uranium enrichment

Summary:
action_date: 2008-09-23
text: 
United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act - Approves the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy (Agreement), subject to the provisions of the Atomic Energy Act of 1954, the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006, and other applicable U.S. law. 
 
Urges the government of India to sign and adhere to an Additional Protocol with the International Atomic Energy Agency (IAEA).
 
States that licenses may be issued by the Nuclear Regulatory Commission (NRC) for transfers pursuant to the Agreement only after the President certifies to Congress that: (1) the Agreement Between the Government of India and the International Atomic Energy Agency for the Application of Safeguards to Civilian Nuclear Facilities has entered into force; and (2) the government of India has filed a declaration of facilities that is not materially inconsistent with the facilities and schedule of the separation plan presented in the national parliament of India.
 
Amends the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 to revise related congressional reporting requirements.
 
States that no subsequent arrangement concerning reprocessing arrangements and procedures shall take effect until: (1) the President reports to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations (Committees) respecting the reasons for such arrangement and a certification that third-party reprocessing arrangements with India will be conducted under similar arrangements; and (2) a period of 30 days of continuous session has elapsed after such report's transmittal.
 
Amends the Atomic Energy Act of 1954 to direct the President to inform the Committees of any negotiations relating to a new or amended agreement for peaceful nuclear cooperation.
 
Directs the President to: (1) certify to the Committees that it is U.S. policy to work with members of the Nuclear Suppliers Group (NSG) to restrict transfers of equipment and technology related to the enrichment of uranium and reprocessing of spent nuclear fuel; and (2) seek to achieve within NSG or with NSG participating governments the adoption of principles and exchanges of information to assure peaceful use and accounting of by-product material. 

action_date: 2008-09-23
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act - (Sec. 2) Defines specified terms.
 

Title I: 
 
Approval of United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy
 - (Sec. 101) Approves the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy (Agreement), subject to the provisions of the Atomic Energy Act of 1954, the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006, and other applicable U.S. law.
 
(Sec. 102) Declares that it is the understanding of the United States that the provisions of the Agreement have the meanings conveyed in the authoritative representations provided by the President and his representatives to the Congress and its committees prior to September 20, 2008.
 
Declares it to be congressional policy that: (1) in the event that nuclear transfers to India are suspended or terminated it is U.S. policy to prevent the transfer to India of nuclear equipment, materials, or technology from other participating governments in the Nuclear Suppliers Group (NSG) or from any other source; and (2) any nuclear power reactor fuel reserve provided to India for use in safeguarded civilian nuclear facilities should be commensurate with reasonable reactor operating requirements.
 
States that before exchanging specified diplomatic notes the President shall certify to Congress that entry into force and implementation of the Agreement pursuant to its terms is consistent with the obligation of the United States under the Treaty on the Nonproliferation of Nuclear Weapons (Nuclear Nonproliferation Treaty) not to assist, encourage, or induce India to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices.
 
(Sec. 103) Urges the government of India to sign and adhere to an Additional Protocol with the International Atomic Energy Agency (IAEA).
 
(Sec. 104) States that licenses may be issued by the Nuclear Regulatory Commission (NRC) for transfers pursuant to the Agreement only after the President certifies to Congress that: (1) the Agreement Between the Government of India and the International Atomic Energy Agency for the Application of Safeguards to Civilian Nuclear Facilities has entered into force; and (2) the government of India has filed a declaration of facilities that is not materially inconsistent with the facilities and schedule of the separation plan presented in the national parliament of India.
 
(Sec. 105) Amends the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 to revise related congressional reporting requirements.
 

Title II: Strengthening United States Nonproliferation
 
Law Relating to Peaceful Nuclear Cooperation
 - (Sec. 201) States that no subsequent arrangement concerning reprocessing arrangements and procedures shall take effect until: (1) the President reports to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations (Committees) respecting the reasons for such arrangement and a certification that third-party reprocessing arrangements with India will be conducted under similar arrangements; and (2) a period of 30 days of continuous session has elapsed after such report's transmittal.
 
States that a subsequent agreement shall not become effective if during such 30-day period Congress enacts a joint resolution of disapproval.
 
(Sec. 202) Amends the Atomic Energy Act of 1954 to direct the President to inform the Committees of any negotiations relating to a new or amended agreement for peaceful nuclear cooperation.
 
(Sec. 203) Requires that Congress enact a joint resolution to override a presidential determination permitting the export of nuclear materials, equipment, or technology to a country to which such export is otherwise prohibited. (Current law provides for a concurrent resolution of disapproval.)
 
(Sec. 204) Directs the President to: (1) certify to the Committees that it is U.S. policy to work with members of the Nuclear Suppliers Group (NSG) to restrict transfers of equipment and technology related to the enrichment of uranium and reprocessing of spent nuclear fuel; (2) seek to achieve within NSG or with NSG participating governments the adoption of principles and exchanges of information to assure peaceful use and accounting of byproduct material; and (3) report every six months to the Committees until achievement of such purposes. 
 
(Sec. 205) Makes conforming amendments with respect to related congressional actions under the Atomic Energy Act of 1954.


Legislative actions:
action_date: 2008-09-23
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 1048.
action_date: 2008-09-23
text: Committee on Foreign Relations. Original measure reported to Senate by Senator Dodd. Without written report.
action_date: 2008-09-23
text: Committee on Foreign Relations. Original measure reported to Senate by Senator Dodd. Without written report.
action_date: 2008-09-23
text: Committee on Foreign Relations ordered to be reported an original measure.
action_date: 2008-09-23
text: Introduced in Senate