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Jul 25, 2006

Summary of Amendments Submitted to the Rules Committee on H.R. 5682 - United States and India Nuclear Cooperation Promotion Act of 2006

Summary of Amendment Submitted to the Rules Committee on


H.R. 5682 - UNITED STATES AND INDIA NUCLEAR COOPERATION PROMOTION ACT OF 2006

(in alphabetical order)

SUMMARY OF AMENDMENTS

(summaries derived from information provided by sponsors)

 


Berman (CA)

#3

Restricts exports of uranium and other types of nuclear reactor fuel (defined as "source material" and "special nuclear material" in the Atomic Energy Act of 1954) to India until the President determines that India has halted the production of fissile material (i.e. plutonium and highly enriched uranium) for use in nuclear weapons.

Fortenberry (NE)

#4

(2nd REVISION) Provides Congress with the ability to assess, to the extent possible, whether annual levels of India's nuclear fissile production may imply a possible violation of Article I of the Nuclear Nonproliferation Treaty (NPT).

Hyde (IL)/Lantos (CA)

#9

(WITHDRAWN) Codifies existing practices to protect Congressional prerogatives with respect to arms sales and addresses other Executive/Legislative issues relating to arms sales. Would amend the Arms Export Control Act (AECA) in two areas: (1) Section 3 of the AECA would be amended to require the President to make a written report to Congress within 10 days of receiving information that an unauthorized transfer of U.S. defense articles has been made to a country that is prohibited by law from receiving U.S. defense articles (e.g., Iran, China, etc.).  Such a report would have to be made before any new major arms sales are notified to Congress for a country from which such an unauthorized transfer took place; (2) Section 36 of the AECA would be amended to incorporate into law the longstanding practices which have governed the notification of arms sales to Congress: (A) U.S. Government sales (via the Foreign Military Sales program) and commercial sales (via export licensing) are the subject of consultation with congressional staff of HIRC and SFRC before the Executive Branch makes a formal notification to Congress under section 36.  Except in rare circumstances, the Executive Branch seeks to resolve any substantive issue identified through these consultations in order to ensure the chairmen and ranking members of both committees have raised no major objections. The President may have this requirement: (1) if there is an emergency or (2) in extraordinary circumstances upon notifying the committees of the circumstances; (B) U.S. Government sales are subject to an additional 20 day advance written notice with respect to countries other than NATO members, Australia, New Zealand and Japan, which account for the majority of exports of U.S. defense articles. The President may also waive this requirement if there is an emergency. In addition, the chairmen and ranking members may have this requirement, as they often do in current practice following the resolution of substantive issues. Would further require the President to consult with the appropriate congressional committees not less than 15 days before an announcement concerning negotiations relating to a new or amended agreement for peaceful nuclear cooperation with another nation.

Hyde (IL)/Lantos (CA)

#10

Manager’s Amendment. Contains technical and conforming changes to the text. Also makes one substantive change removing an amendment adopted during the full committee markup relating to subsection 4(b)(7).

Jackson-Lee (TX)/Burton (IN)

#5

Sense of Congress declaring the importance of the South Asia region and urging the continuation of the United States' policy of engagement, collaboration, and exchanges with and between India and Pakistan.

Lee (CA)

#8

(REVISED) Would require India to commit to basic provisions consistent with NPT, namely: (1) declare all its civilian nuclear facilities and open them all up for international inspection; (2) undertake a binding obligation not to assist, encourage, or induce non-nuclear weapons states to manufacture or acquire nuclear weapons; and (3) take concrete steps toward disarmament, including drawing down its nuclear stockpile and eventually eliminating all nuclear weapons.

Markey (MA)/Upton (MI)

#7

Requires that nuclear cooperation with India could only commence after the President has determined that the United States has secured India's full and active support in preventing Iran from acquiring weapons of mass destruction.

Sherman (CA)

#2

Requires that, before any nuclear cooperation with India can go forward, and every year thereafter, the President must certify that during the preceding year India has not increased the level of domestic uranium it sends through its weapons program. Baseline for the determination under the amendment is the 365 day period preceding the July 18, 2005 Bush-Singh declaration on nuclear cooperation.

Stearns (FL)

#6

(2nd REVISION) Reinforces the intent of Congress that the nuclear cooperation into which the governments of the United States and India would enter is for peaceful, productive purposes, not military. 

Woolsey (CA)

#1

Provides that until the President has implemented and observed all NPT obligations and commitments of the United States and has revised U.S. policies relating to nuclear weapons, no item subject to the recent U.S. and India nuclear agreement or the transfer guidelines of the NSG may be transferred to India, including exports of nuclear and nuclear-related material, equipment or technology.