	Overview

In July 2005, President Bush announced his intention to conclude a peaceful nuclear cooperation agreement with India. The Administration proposed legislation (introduced as H.R. 4974 / S. 2429 ) in March 2006 that, in addition to providing waivers of relevant provisions of the AEA (Sections 123 a. On July 26, 2006, the House passed H.R. 5682 by a vote of 359 to 68. On November 16, 2006, the Senate passed H.R. 5682 by a vote of 85 to12, substituting the text of S. 3709 as an engrossed amendment; the Senate insisted on its amendment, necessitating a conference to resolve differences between the bills. On December 7, conferees filed a conference report, and on December 8, the House approved the conference report by a vote of 330 to 59; the Senate approved the conference report by unanimous consent in the early hours of December 9. His signing statement is discussed in more detail below. 5682 in the House

			Committee Actions

The House International Relations Committee met on June 27, 2006 to consider H.R. Representative Schiff offered an amendment with three components: to add a provision to U.S. policy with respect to South Asia (Section 3 (b)(7)) encouraging India not to increase its production of fissile material at military facilities pending a multilateral moratorium on production of such material for nuclear weapons; to add a reporting requirement for the Presidential submission to implement the waivers (Section 4 (c) (2) (I)) on steps taken to ensure the U.S. transfers will not be replicated by India or used in its military facilities and that U.S. nuclear fuel supply does not facilitate military production of high-enriched uranium or plutonium; and to add a reporting requirement for an annual report on the same (Section 4 (o) (2) (C)). 5682 in the Senate

			Committee Actions

On June 29, 2006, the Senate Foreign Relations Committee considered original legislation, S. 3709 , to create an exception for India from relevant provisions of the Atomic Energy Act (See S.Rept. On November 15, 2006, the Senate agreed by unanimous consent to consider S. 3709 , at a time to be determined by the Majority Leader, in consultation with the Democratic Leader. 5682 Conference Report

On December 7, 2006, conferees on H.R. 5682 filed Conference Report H.Rept. 109-721 . The bill essentially combines many of the provisions of both the House and Senate versions. Specific differences are highlighted in Table 1 , below. Of note, the Senate provisions to ban enrichment, reprocessing, and heavy water production cooperation with India (now Section 104. (d) (5)) prevailed in the conference bill, as did Title II, which includes the implementing legislation of the U.S. Additional Protocol. The so-called Harkin amendment, which added a determination that India was fully and actively supporting U.S. and international efforts to contain, dissuade, and sanction Iran for its nuclear weapons program, did not remain as a determination, but became two reporting requirements: first, as a one-time report when the Section 123 agreement is submitted to Congress (now Section 104. 109-401 Signing Statement

On December 18, 2006, President Bush signed the "Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006" into law ( P.L. The President's signing statement also noted that the executive branch would construe "provisions of the Act that mandate, regulate, or prohibit submission of information to the Congress, an international organization, or the public, such as sections 104, 109, 261, 271, 272, 273, 274, and 275, in a manner consistent with the President's constitutional authority to protect and control information that could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties."
In March 2006, the Bush Administration proposed legislation to create an exception for India from certain provisions of the Atomic Energy Act to facilitate a future nuclear cooperation agreement. After hearings in April and May, the House International Relations Committee and the Senate Foreign Relations Committee considered bills in late June 2006 to provide an exception for India to certain provisions of the Atomic Energy Act related to a peaceful nuclear cooperation agreement. On July 26, 2006, the House passed its version of the legislation, H.R. 5682, by a vote of 359 to 68. On November 16, 2006, the Senate incorporated the text of S. 3709, as amended, into H.R. 5682 and passed that bill by a vote of 85 to 12. The Senate insisted on its amendment, and a conference committee produced a conference report on December 7, 2006. The House agreed to the conference report (H.Rept. 109-721) on December 8 in a 330-59 vote; the Senate agreed by unanimous consent to the conference report on December 9. The President signed the bill into law (P.L. 109-401) on December 18, 2006.
The Senate and House versions of the India bill contained similar provisions, with four differences. The Senate version contained an additional requirement for the President to execute his waiver authority, an amendment introduced by Senator Harkin and adopted by unanimous consent that the President determine that India is "fully and actively participating in U.S. and international efforts to dissuade, sanction and contain Iran for its nuclear program." This provision was watered down into a reporting requirement in the conference report. The Senate version also had two unique sections related to the cooperation agreement, Sections 106 and 107, both of which appear in the conference report. Section 106 (now Section 104 (d) (4)) prohibits exports of equipment, material or technology related for uranium enrichment, spent fuel reprocessing or heavy water production unless conducted in a multinational facility participating in a project approved by the International Atomic Energy Agency (IAEA) or in a facility participating in a bilateral or multilateral project to develop a proliferation-resistant fuel cycle. Section 107 (now Section 104 (d) (5)) would establish a program to monitor that U.S. technology is being used appropriately by Indian recipients. Finally, the Senate version also contained the implementing legislation for the U.S. Additional Protocol in Title II, which was retained in the conference bill. Minor differences in reporting requirements and statements of policy are compared in Table I of this report.
This report provides a thematic side-by-side comparison of the provisions of the conference report with H.R. 5682 as passed by the House and by the Senate, and compares them with the Administration's initially proposed legislation, H.R. 4974/S. 2429, and the conference report. The report concludes with a list of CRS resources that provide further discussion and more detailed analysis of the issues addressed by the legislation summarized in the table. This report will not be updated.