UNITED STATES-INDIA NUCLEAR COOPERATION APPROVAL

PUBLIC LAW 110–369—OCT. 8, 2008

UNITED STATES-INDIA NUCLEAR

COOPERATION APPROVAL AND

NONPROLIFERATION ENHANCEMENT ACT

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122 STAT. 4028 PUBLIC LAW 110–369—OCT. 8, 2008

Public Law 110–369

110th Congress

An Act

To approve the United States-India Agreement for Cooperation on Peaceful Uses

of Nuclear Energy, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) S

HORT

ITLE

.—This Act may be cited as the ‘‘United States-

India Nuclear Cooperation Approval and Nonproliferation Enhance-

ment Act’’.

(b) T

ABLE OF

ONTENTS

.—The table of contents for this Act

is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Definitions.

TITLE I—APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR

COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY

Sec. 101. Approval of Agreement.

Sec. 102. Declarations of policy; certification requirement; rule of construction.

Sec. 103. Additional Protocol between India and the IAEA.

Sec. 104. Implementation of Safeguards Agreement between India and the IAEA.

Sec. 105. Modified reporting to Congress.

TITLE II—STRENGTHENING UNITED STATES NONPROLIFERATION LAW

RELATING TO PEACEFUL NUCLEAR COOPERATION

Sec. 201. Procedures regarding a subsequent arrangement on reprocessing.

Sec. 202. Initiatives and negotiations relating to agreements for peaceful nuclear

cooperation.

Sec. 203. Actions required for resumption of peaceful nuclear cooperation.

Sec. 204. United States Government policy at the Nuclear Suppliers Group to

strengthen the international nuclear nonproliferation regime.

Sec. 205. Conforming amendments.

SEC. 2. DEFINITIONS.

In this Act:

(1) A

GREEMENT

.—The term ‘‘United States-India Agree-

ment for Cooperation on Peaceful Uses of Nuclear Energy’’

or ‘‘Agreement’’ means the Agreement for Cooperation Between

the Government of the United States of America and the

Government of India Concerning Peaceful Uses of Nuclear

Energy that was transmitted to Congress by the President

on September 10, 2008.

(2) A

PPROPRIATE CONGRESSIONAL COMMITTEES

.—The term

‘‘appropriate congressional committees’’ means the Committee

on Foreign Affairs of the House of Representatives and the

Committee on Foreign Relations of the Senate.

United States-

India Nuclear

Cooperation

Approval and

Nonproliferation

Enhancement

Act.

22 USC 8001

note.

Oct. 8, 2008

[H.R. 7081]

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122 STAT. 4029 PUBLIC LAW 110–369—OCT. 8, 2008

TITLE I—APPROVAL OF UNITED

STATES-INDIA AGREEMENT FOR CO-

OPERATION ON PEACEFUL USES OF

NUCLEAR ENERGY

SEC. 101. APPROVAL OF AGREEMENT.

(a) I

ENERAL

.—Notwithstanding the provisions for congres-

sional consideration and approval of a proposed agreement for

cooperation in section 123 b. and d. of the Atomic Energy Act

of 1954 (42 U.S.C. 2153 (b) and (d)), Congress hereby approves

the United States-India Agreement for Cooperation on Peaceful

Uses of Nuclear Energy, subject to subsection (b).

(b) A

PPLICABILITY OF

TOMIC

NERGY

CT OF

1954, H

YDE

AND

THER

ROVISIONS OF

.—The Agreement shall be subject

to the provisions of the Atomic Energy Act of 1954 (42 U.S.C.

2011 et seq.), the Henry J. Hyde United States-India Peaceful

Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8001 et. seq;

Public Law 109–401), and any other applicable United States law

as if the Agreement had been approved pursuant to the provisions

for congressional consideration and approval of a proposed agree-

ment for cooperation in section 123 b. and d. of the Atomic Energy

Act of 1954.

UNSET OF

XEMPTION

UTHORITY

NDER

YDE

.—

Section 104(f) of the Henry J. Hyde United States-India Peaceful

Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8003(f)) is

amended by striking ‘‘the enactment of’’ and all that follows through

‘‘agreement’’ and inserting ‘‘the date of the enactment of the United

States-India Nuclear Cooperation Approval and Nonproliferation

Enhancement Act’’.

SEC. 102. DECLARATIONS OF POLICY; CERTIFICATION REQUIREMENT;

RULE OF CONSTRUCTION.

(a) D

ECLARATIONS OF

OLICY

ELATING TO

EANING AND

EGAL

FFECT OF

GREEMENT

.—Congress declares that it is the under-

standing of the United States that the provisions of the United

States-India Agreement for Cooperation on Peaceful Uses of Nuclear

Energy have the meanings conveyed in the authoritative representa-

tions provided by the President and his representatives to the

Congress and its committees prior to September 20, 2008, regarding

the meaning and legal effect of the Agreement.

(b) D

ECLARATIONS OF

OLICY

ELATING TO

RANSFER OF

UCLEAR

QUIPMENT

, M

ATERIALS

AND

ECHNOLOGY TO

NDIA

.—

Congress makes the following declarations of policy:

(1) Pursuant to section 103(a)(6) of the Henry J. Hyde

United States-India Peaceful Atomic Energy Cooperation Act

of 2006 (22 U.S.C. 8002(a)(6)), in the event that nuclear trans-

fers to India are suspended or terminated pursuant to title

I of such Act (22 U.S.C. 8001 et seq.), the Atomic Energy

Act of 1954 (42 U.S.C. 2011 et seq.), or any other United

States law, it is the policy of the United States to seek 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.

(2) Pursuant to section 103(b)(10) of the Henry J. Hyde

United States-India Peaceful Atomic Energy Cooperation Act

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122 STAT. 4030 PUBLIC LAW 110–369—OCT. 8, 2008

of 2006 (22 U.S.C. 8002(b)(10)), any nuclear power reactor

fuel reserve provided to the Government of India for use in

safeguarded civilian nuclear facilities should be commensurate

with reasonable reactor operating requirements.

ERTIFICATION

EQUIREMENT

.—Before exchanging diplo-

matic notes pursuant to Article 16(1) of the Agreement, the Presi-

dent shall certify to Congress that entry into force and implementa-

tion of the Agreement pursuant to its terms is consistent with

the obligation of the United States under the Treaty on the Non-

Proliferation of Nuclear Weapons, done at Washington, London,

and Moscow July 1, 1968, and entered into force March 5, 1970

(commonly known as the ‘‘Nuclear Non-Proliferation Treaty’’), not

in any way to assist, encourage, or induce India to manufacture

or otherwise acquire nuclear weapons or other nuclear explosive

devices.

(d) R

ULE OF

ONSTRUCTION

.—Nothing in the Agreement shall

be construed to supersede the legal requirements of the Henry

J. Hyde United States-India Peaceful Atomic Energy Cooperation

Act of 2006 or the Atomic Energy Act of 1954.

SEC. 103. ADDITIONAL PROTOCOL BETWEEN INDIA AND THE IAEA.

Congress urges the Government of India to sign and adhere

to an Additional Protocol with the International Atomic Energy

Agency (IAEA), consistent with IAEA principles, practices, and

policies, at the earliest possible date.

SEC. 104. IMPLEMENTATION OF SAFEGUARDS AGREEMENT BETWEEN

INDIA AND THE IAEA.

Licenses may be issued by the Nuclear Regulatory Commission

for transfers pursuant to the Agreement only after the President

determines and 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, as approved by

the Board of Governors of the International Atomic Energy

Agency on August 1, 2008 (the ‘‘Safeguards Agreement’’), has

entered into force; and

(2) the Government of India has filed a declaration of

facilities pursuant to paragraph 13 of the Safeguards Agree-

ment that is not materially inconsistent with the facilities

and schedule described in paragraph 14 of the separation plan

presented in the national parliament of India on May 11, 2006,

taking into account the later initiation of safeguards than was

anticipated in the separation plan.

SEC. 105. MODIFIED REPORTING TO CONGRESS.

(a) I

NFORMATION ON

UCLEAR

CTIVITIES OF

NDIA

.—Subsection

(g)(1) of section 104 of the Henry J. Hyde United States-India

Peaceful Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8003)

is amended—

(1) by redesignating subparagraphs (B), (C), and (D) as

subparagraphs (C), (D), and (E), respectively; and

(2) by inserting after subparagraph (A) the following new

subparagraph:

‘‘(B) any material inconsistencies between the content

or timeliness of notifications by the Government of India

pursuant to paragraph 14(a) of the Safeguards Agreement

and the facilities and schedule described in paragraph (14)

President.

Certification.

President.

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122 STAT. 4031 PUBLIC LAW 110–369—OCT. 8, 2008

of the separation plan presented in the national parliament

of India on May 11, 2006, taking into account the later

initiation of safeguards than was anticipated in the separa-

tion plan;’’.

(b) I

MPLEMENTATION AND

OMPLIANCE

EPORT

.—Subsection

(g)(2) of such section is amended—

(1) in subparagraph (K)(iv), by striking ‘‘and’’ at the end;

(2) in subparagraph (L), by striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following new subparagraph:

‘‘(M) with respect to the United States-India Agreement

for Cooperation on Peaceful Uses of Nuclear Energy

(hereinafter in this subparagraph referred to as the ‘Agree-

ment’) approved under section 101(a) of the United States-

India Nuclear Cooperation Approval and Nonproliferation

Enhancement Act—

‘‘(i) a listing of—

‘‘(I) all provision of sensitive nuclear tech-

nology to India, and other such information as

may be so designated by the United States or

India under Article 1(Q); and

‘‘(II) all facilities in India notified pursuant

to Article 7(1) of the Agreement;

‘‘(ii) a description of—

‘‘(I) any agreed safeguards or any other form

of verification for by-product material decided by

mutual agreement pursuant to the terms of Article

1(A) of the Agreement;

‘‘(II) research and development undertaken in

such areas as may be agreed between the United

States and India as detailed in Article 2(2)(a.)

of the Agreement;

‘‘(III) the civil nuclear cooperation activities

undertaken under Article 2(2)(d.) of the Agree-

ment;

‘‘(IV) any United States efforts to help India

develop a strategic reserve of nuclear fuel as called

for in Article 2(2)(e.) of the Agreement;

‘‘(V) any United States efforts to fulfill political

commitments made in Article 5(6) of the Agree-

ment;

‘‘(VI) any negotiations that have occurred or

are ongoing under Article 6(iii.) of the Agreement;

and

‘‘(VII) any transfers beyond the territorial

jurisdiction of India pursuant to Article 7(2) of

the Agreement, including a listing of the receiving

country of each such transfer;

‘‘(iii) an analysis of—

‘‘(I) any instances in which the United States

or India requested consultations arising from con-

cerns over compliance with the provisions of Article

7(1) of the Agreement, and the results of such

consultations; and

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122 STAT. 4032 PUBLIC LAW 110–369—OCT. 8, 2008

‘‘(II) any matters not otherwise identified in

this report that have become the subject of con-

sultations pursuant to Article 13(2) of the Agree-

ment, and a statement as to whether such matters

were resolved by the end of the reporting period;

and

‘‘(iv) a statement as to whether—

‘‘(I) any consultations are expected to occur

under Article 16(5) of the Agreement; and

‘‘(II) any enrichment is being carried out

pursuant to Article 6 of the Agreement.’’.

TITLE II—STRENGTHENING UNITED

STATES NONPROLIFERATION LAW RE-

LATING TO PEACEFUL NUCLEAR CO-

OPERATION

SEC. 201. PROCEDURES REGARDING A SUBSEQUENT ARRANGEMENT

ON REPROCESSING.

(a) I

ENERAL

.—Notwithstanding section 131 of the Atomic

Energy Act of 1954 (42 U.S.C. 2160), no proposed subsequent

arrangement concerning arrangements and procedures regarding

reprocessing or other alteration in form or content, as provided

for in Article 6 of the Agreement, shall take effect until the require-

ments specified in subsection (b) are met.

(b) R

EQUIREMENTS

.—The requirements referred to in subsection

(a) are the following:

(1) The President transmits to the appropriate congres-

sional committees a report containing—

(A) the reasons for entering into such proposed subse-

quent arrangement;

(B) a detailed description, including the text, of such

proposed subsequent arrangement; and

efforts to ensure that any other nation that permits India

to reprocess or otherwise alter in form or content nuclear

material that the nation has transferred to India or nuclear

material and by-product material used in or produced

through the use of nuclear material, non-nuclear material,

or equipment that it has transferred to India requires

India to do so under similar arrangements and procedures.

(2) A period of 30 days of continuous session (as defined

by section 130 g.(2) of the Atomic Energy Act of 1954 (42

U.S.C. 2159 (g)(2)) has elapsed after transmittal of the report

required under paragraph (1).

ESOLUTION OF

ISAPPROVAL

.—Notwithstanding the

requirements in subsection (b) having been met, a subsequent

arrangement referred to in subsection (a) shall not become effective

if during the time specified in subsection (b)(2), Congress adopts,

and there is enacted, a joint resolution stating in substance that

Congress does not favor such subsequent arrangement. Any such

resolution shall be considered pursuant to the procedures set forth

in section 130 i. of the Atomic Energy Act of 1954 (42 U.S.C.

2159 (i)), as amended by section 205 of this Act.

Time period.

President.

Reports.

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122 STAT. 4033 PUBLIC LAW 110–369—OCT. 8, 2008

SEC. 202. INITIATIVES AND NEGOTIATIONS RELATING TO AGREE-

MENTS FOR PEACEFUL NUCLEAR COOPERATION.

Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153)

is amended by adding at the end the following:

‘‘e. The President shall keep the Committee on Foreign

Affairs of the House of Representatives and the Committee

on Foreign Relations of the Senate fully and currently

informed of any initiative or negotiations relating to a

new or amended agreement for peaceful nuclear cooperation

pursuant to this section (except an agreement arranged

pursuant to section 91 c., 144 b., 144 c., or 144 d., or

an amendment thereto).’’.

SEC. 203. ACTIONS REQUIRED FOR RESUMPTION OF PEACEFUL

NUCLEAR COOPERATION.

Section 129 a. of the Atomic Energy Act of 1954 (42 U.S.C.

2158 (a)) is amended by striking ‘‘Congress adopts a concurrent

resolution’’ and inserting ‘‘Congress adopts, and there is enacted,

a joint resolution’’.

SEC. 204. UNITED STATES GOVERNMENT POLICY AT THE NUCLEAR

SUPPLIERS GROUP TO STRENGTHEN THE INTERNATIONAL

NUCLEAR NONPROLIFERATION REGIME.

(a) C

ERTIFICATION

.—Before exchanging diplomatic notes pursu-

ant to Article 16(1) of the Agreement, the President shall certify

to the appropriate congressional committees that it is the policy

of the United States to work with members of the Nuclear Suppliers

Group (NSG), individually and collectively, to agree to further

restrict the transfers of equipment and technology related to the

enrichment of uranium and reprocessing of spent nuclear fuel.

(b) P

EACEFUL

SSURANCES FOR

ERTAIN

-P

RODUCT

ATERIAL

.—The President shall seek to achieve, by the earliest

possible date, either within the NSG or with relevant NSG Partici-

pating Governments, the adoption of principles, reporting, and

exchanges of information as may be appropriate to assure peaceful

use and accounting of by-product material in a manner that is

substantially equivalent to the relevant provisions of the Agree-

ment.

EPORT

.—

(1) I

N GENERAL

.—Not later than six months after the date

of the enactment of this Act, and every six months thereafter,

the President shall transmit to the appropriate congressional

committees a report on efforts by the United States pursuant

to subsections (a) and (b).

(2) T

ERMINATION

.—The requirement to transmit the report

under paragraph (1) terminates on the date on which the

President transmits a report pursuant to such paragraph

stating that the objectives in subsections (a) and (b) have been

achieved.

SEC. 205. CONFORMING AMENDMENTS.

Section 130 i. of the Atomic Energy Act of 1954 (42 U.S.C.

2159 (i)) is amended—

(1) in paragraph (1), by striking ‘‘means a joint resolution’’

and all that follows through ‘‘, with the date’’ and inserting

the following: ‘‘means—

‘‘(A) for an agreement for cooperation pursuant to section

123 of this Act, a joint resolution, the matter after the resolving

President.

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122 STAT. 4034 PUBLIC LAW 110–369—OCT. 8, 2008

LEGISLATIVE HISTORY—H.R. 7081:

CONGRESSIONAL RECORD, Vol. 154 (2008):

Sept. 26, 27, considered and passed House.

Oct. 1, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):

Oct. 8, Presidential remarks and statement.

clause of which is as follows: ‘That the Congress (does or

does not) favor the proposed agreement for cooperation trans-

mitted to the Congress by the President on lllll .’,

‘‘(B) for a determination under section 129 of this Act,

a joint resolution, the matter after the resolving clause of

which is as follows: ‘That the Congress does not favor the

determination transmitted to the Congress by the President

on lllll .’, or

‘‘(C) for a subsequent arrangement under section 201 of

the United States-India Nuclear Cooperation Approval and

Nonproliferation Enhancement Act, a joint resolution, the

matter after the resolving clause of which is as follows: ‘That

the Congress does not favor the subsequent arrangement to

the Agreement for Cooperation Between the Government of

the United States of America and the Government of India

Concerning Peaceful Uses of Nuclear Energy that was trans-

mitted to Congress by the President on September 10, 2008.’,

with the date’’; and

(2) in paragraph (4)—

(A) by inserting after ‘‘45 days after its introduction’’

the following ‘‘(or in the case of a joint resolution related

to a subsequent arrangement under section 201 of the

United States-India Nuclear Cooperation Approval and

Nonproliferation Enhancement Act, 15 days after its

introduction)’’; and

(B) by inserting after ‘‘45-day period’’ the following:

‘‘(or in the case of a joint resolution related to a subsequent

arrangement under section 201 of the United States-India

Nuclear Cooperation Approval and Nonproliferation

Enhancement Act, 15-day period)’’.

Approved October 8, 2008.

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