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) SHORT TITLE.—This Act may be cited as the ‘‘United StatesIndia Nuclear Cooperation Approval and Nonproliferation Enhancement Act’’. 

(b) TABLE OF CONTENTS.—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) AGREEMENT.—The term ‘‘United States-India Agreement 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) APPROPRIATE 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 StatesIndia Nuclear 

Cooperation 

Approval and 

Nonproliferation 

Enhancement 

Act. 

22 USC 8001 

note. 

Oct. 8, 2008 

[H.R. 7081] 


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

TITLE I—APPROVAL OF UNITED 

STATES-INDIA AGREEMENT FOR COOPERATION ON PEACEFUL USES OF 

NUCLEAR ENERGY 

SEC. 101. APPROVAL OF AGREEMENT. 

(a) IN GENERAL.—Notwithstanding the provisions for congressional 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) APPLICABILITY OF ATOMIC ENERGY ACT OF 1954, HYDE ACT, AND OTHER PROVISIONS OF LAW.—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 agreement for cooperation in section 123 b. and d. of the Atomic Energy 

Act of 1954. 

(c) SUNSET OF EXEMPTION AUTHORITY UNDER HYDE ACT.— 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) DECLARATIONS OF POLICY RELATING TO MEANING AND LEGAL

EFFECT OF AGREEMENT.—Congress declares that it is the understanding 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 representations 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) DECLARATIONS OF POLICY RELATING TO TRANSFER OF

NUCLEAR EQUIPMENT, MATERIALS, AND TECHNOLOGY TO INDIA.— 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 transfers 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. 

(c) CERTIFICATION REQUIREMENT.—Before exchanging diplomatic notes pursuant to Article 16(1) of the Agreement, the President shall certify to Congress that entry into force and implementation of the Agreement pursuant to its terms is consistent with 

the obligation of the United States under the Treaty on the NonProliferation 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) RULE OF CONSTRUCTION.—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 Agreement 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) INFORMATION ON NUCLEAR ACTIVITIES OF INDIA.—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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PUBLIC LAW 110–369—OCT. 8, 2008 122 STAT. 4031 

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;’’. 

(b) IMPLEMENTATION AND COMPLIANCE REPORT.—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 ‘Agreement’) approved under section 101(a) of the United StatesIndia Nuclear Cooperation Approval and Nonproliferation 

Enhancement Act— 

‘‘(i) a listing of— 

‘‘(I) all provision of sensitive nuclear technology 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 Agreement; 

‘‘(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 Agreement; 

‘‘(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 concerns 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 consultations pursuant to Article 13(2) of the Agreement, 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 RELATING TO PEACEFUL NUCLEAR COOPERATION 

SEC. 201. PROCEDURES REGARDING A SUBSEQUENT ARRANGEMENT 

ON REPROCESSING. 

(a) IN GENERAL.—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 requirements specified in subsection (b) are met. 

(b) REQUIREMENTS.—The requirements referred to in subsection 

(a) are the following: 

(1) The President transmits to the appropriate congressional committees a report containing— 

(A) the reasons for entering into such proposed subsequent arrangement; 

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

proposed subsequent arrangement; and 

(C) a certification that the United States will pursue 

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). 

(c) RESOLUTION OF DISAPPROVAL.—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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PUBLIC LAW 110–369—OCT. 8, 2008 122 STAT. 4033 

SEC. 202. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS 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) CERTIFICATION.—Before exchanging diplomatic notes pursuant 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) PEACEFUL USE ASSURANCES FOR CERTAIN BY-PRODUCT

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

possible date, either within the NSG or with relevant NSG Participating 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 Agreement. 

(c) REPORT.— (1) IN 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) TERMINATION.—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. 

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. 

Æ 

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

does not) favor the proposed agreement for cooperation transmitted 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 transmitted 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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