The draft changes to the U.S. Atomic Energy Act

This is the text of the amendment to the U.S. Atomic Energy Act proposed by the Bush administration in order to move its nuclear deal with India forward. Via armscontrolwonk.

Authority relating to U.S.-India nuclear cooperation.

This provision facilitates civil nuclear cooperation with India by authorizing the President to waive certain requirements in order to conclude a nuclear cooperation agreement with India under the Atomic Energy Act (AEA).

The waiver is dependent on a Presidential determination that India has taken steps to fulfill the July 18, 2005 Joint Statement of the President and India Prime Minister Singh. These understanding call on India to separate its civil nuclear program under International Atomic Energy safeguards; and to adhere to the Missile Technology Control Regime and Nuclear Suppliers Group guidelines.

By authorizing exemption from certain AEA requirements, the provision authorizes the President to submit a proposed nuclear cooperation agreement to Congress under the Congressional review procedures of sections 123(b) and 123(d) of the AEA that would allow for it to enter into force after the expiration of a 90-continuous day period.

Section XX. Waiver Authority –

(a) Notwithstanding any other provision of law, if the President makes the determinations described in subsection (b), he may:

(1) exempt a proposed agreement for cooperation with India (arranged pursuant to section 123 of the Atomic Energy Act, as amended) from the requirement in section 123(a)(2) of the Atomic Energy Act, and such agreement for cooperation shall be subject to the same congressional review procedures under sections 123(b) and 123(d) as an agreement for cooperation that has not been exempted from any requirement contained in section 123(a);

(2) waive the application of section 128 of the Atomic Energy Act with respect to India; and

(3) waive the application of any section under section 129 of the Atomic Energy Act with respect to India.

(b) 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 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) above;

(3) India and the IAEA are making satisfactory progress toward implementing an Additional Protocol that would apply to India 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; and

(7) Supply to India by the United States under an agreement for cooperation arranged pursuant to section 123 of the Atomic Energy Act is consistent with U.S. participation in the Nuclear Suppliers Group.

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