H.R. 4974House109th Congress (2005-2007)In Committee

To authorize the President to waive the application of certain requirements under the Atomic Energy Act of 1954 with respect to India.

Introduced March 16, 2006

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Referred to the Committee on International Relations, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

March 16, 2006

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HouseIntro Referral

Introduced in House

March 16, 2006

HouseIntro Referral

Referred to the Committee on International Relations, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

March 16, 2006

Floor Debate

24 members

What members said about H.R. 4974 on the floor

7 Republicans17 Democrats
Edward R. Royce
Rep. Edward R. RoyceR-CA-40 · Jul 26, 2006

Mr. Chairman, I rise in strong support of this legislation, allowing for a nuclear cooperation agreement with India. The last two administrations have forged closer ties with India. And India is a…

Edward J. Markey
Rep. Edward J. MarkeyD-MA-7 · Jul 26, 2006

Mr. Chairman, this agreement pours nuclear fuel on the fire of an India-Pakistan nuclear arms race. This agreement will free up 40 to 50 bombs worth of nuclear fuel for Indian nuclear bombs, and the…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jul 26, 2006

Mr. Chairman, I rise in support of the United States and India Nuclear Cooperation Promotion Act of 2006. With the receding of the Cold War's global divisions and the new realities of globalization…

Tom Lantos
Rep. Tom LantosD-CA-12 · Jul 26, 2006

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in support of the legislation. This is no ordinary vote. Historians will regard what we do today as a tidal shift in…

James A. Leach
Rep. James A. LeachR-IA-2 · Jul 26, 2006

Mr. Chairman, at the outset I would like to recognize Chairman Hyde and the distinguished Ranking Member, Mr. Lantos, for their leadership in improving the Administration's draft proposal for…

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Rush Holt
Rep. Rush HoltD-NJ-12 · Jul 26, 2006

Mr. Chairman, I rise today to oppose H.R. 5682. I do this reluctantly, because I am a strong supporter of India. But I cannot turn my back on my life's work on nuclear non-proliferation. Prior to…

Henry J. Hyde
Rep. Henry J. HydeR-IL-6 · Jul 26, 2006

Mr. Chairman, I yield myself such time as I may consume. (Mr. HYDE asked and was given permission to revise and extend his remarks.) Mr. Chairman, I rise in support of H.R. 5682, the U.S.- India…

Eni F. H. Faleomavaega
Rep. Eni F. H. FaleomavaegaD-AS · Jul 26, 2006

Mr. Chairman, I rise in support of H.R. 5682, the U.S. and India Nuclear Cooperation Promotion Act, and I want to certainly commend Chairman Henry Hyde and Ranking Member Tom Lantos for their…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Jul 26, 2006

Mr. Chairman, I thank the distinguished gentleman from California for yielding, for his tremendous leadership in making our country strong and respected throughout the world. I am pleased to join him…

Howard L. Berman
Rep. Howard L. BermanD-CA-28 · Jul 26, 2006

Mr. Chairman, I want to commend the chairman and the ranking member of the committee, both Mr. Hyde and Mr. Lantos, and their staffs for their hard work on this legislation. There is no question that…

Brad Sherman
Rep. Brad ShermanD-CA-27 · Jul 26, 2006

Mr. Chairman, India is a democracy that understands the role of this Congress. They have negotiated a deal that dramatically loosens the controls on their nuclear weapons program, and they know that…

Cliff Stearns
Rep. Cliff StearnsR-FL-6 · Jul 26, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. My amendment to this bill would clarify and reinforce the intent of Congress that nuclear cooperation into…

Jane Harman
Rep. Jane HarmanD-CA-36 · Jul 26, 2006

Mr. Chairman, I oppose the India Nuclear Cooperation Promotion Act (H.R. 5682). The bill has substantially improved since it was first introduced in this body, but it still has a long way to go. I am…

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Gary L. Ackerman
Rep. Gary L. AckermanD-NY-5 · Jul 26, 2006

Mr. Chairman, today the House has an opportunity to make an historic choice of great proportions. For 30 years, Mr. Chairman, U.S. policy toward India has been defined and constrained by our…

Bobby Jindal
Rep. Bobby JindalR-LA-1 · Jul 26, 2006

Mr. Chairman, I rise to speak in support of H.R. 5682, the United States and India Nuclear Cooperation Promotion Act of 2006. The bill would facilitate the sharing of civilian nuclear technology in…

Joe Knollenberg
Rep. Joe KnollenbergR-MI-9 · Jul 26, 2006

Mr. Chairman, I support the legislation before the House of Representatives today, H.R. 5682, the United States and India Nuclear Cooperation Promotion Act of 2006. A civil nuclear cooperation…

Jeff Fortenberry
Rep. Jeff FortenberryR-NE-1 · Jul 26, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I ask unanimous consent to modify the amendment with the modification placed at the desk. Mr. Chairman, I yield myself as much time as I may…

Joseph Crowley
Rep. Joseph CrowleyD-NY-7 · Jul 26, 2006

Mr. Chairman, I thank the gentleman from California. Mr. Chairman, I rise in strong support of the India Nuclear Cooperation Promotion Act, and I want to commend Chairman Hyde and Ranking Member…

Barbara Lee
Rep. Barbara LeeD-CA-9 · Jul 26, 2006

Mr. Chairman, I want to thank the gentleman for yielding and for his leadership and for really crafting a bill that I think is much better than what it was prior to the hearing, but I must rise to…

Diane E. Watson
Rep. Diane E. WatsonD-CA-33 · Jul 26, 2006

Mr. Chairman, I thank Congressman Lantos for yielding. The United States has few, if any, better friends than India. And I feel strongly that the United States and India are destined to be great…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Jul 26, 2006

Mr. Chairman, I thank my good friend, Mr. Lantos. I want to commend you and Chairman Hyde for your leadership on this very, very important bill. I strongly support the bill. I support Mr. Stearns'…

Benjamin L. Cardin
Rep. Benjamin L. CardinD-MD-3 · Jul 26, 2006

Mr. Chairman, I rise in support of H.R. 5682, the U.S. and India Nuclear Cooperation Promotion Act. India is the largest democracy in the world today, and is rightly viewed as an emerging global…

Ellen O. Tauscher
Rep. Ellen O. TauscherD-CA-10 · Jul 26, 2006

Mr. Chairman, I thank Mr. Berman for his hard work with me on this issue. I commend Chairman Hyde, for whom I have tremendous affection, for having this bill named after him. Mr. Chairman, the…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jul 26, 2006

I thank Mr. Lantos for yielding the time, Mr. Chairman. I support this important bipartisan legislation, and I urge my colleagues to do the same. It is critical to note that this bill creates a…

Bill Text

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Introduced in HouseIssued March 16, 2006

I

109th CONGRESS

2d Session

H. R. 4974

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 Relations, and in addition to the Committee on Rules, for a period to be subsequently 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.

1.

Waiver authority

(a)

Waiver authority

Notwithstanding any other provision of law, if the President makes the determination described in subsection (b), the President may—

(1)

exempt a proposed agreement for 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 the Atomic Energy Act of 1954, and such agreement for cooperation shall be subject to the same congressional 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 facilities, materials, and programs, and has filed a declaration regarding its civil facilities with the IAEA.

(2)

An agreement has entered into force between India and the IAEA requiring the application 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 Protocol that would apply to India’s civil nuclear program.

(4)

India is working with the United States for the conclusion of a multilateral Fissile Material Cutoff 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.

(c)

Report

Any determination pursuant to subsection (b) shall be reported to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives, and such report shall describe the basis for the President’s determination.

(d)

Subsequent determination

A determination under subsection (b) shall not be effective if the President determines that India has detonated a nuclear explosive device after the date of enactment of this Act.