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[110th Congress Public Law 369]
[From the U.S. Government Printing Office]

[DOCID: f:publ369.110]

[[Page 4027]]

 UNITED STATES-INDIA NUCLEAR COOPERATION APPROVAL AND NONPROLIFERATION 
                             ENHANCEMENT ACT

[[Page 122 STAT. 4028]]

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. <<NOTE: Oct. 8, 
                         2008 -  [H.R. 7081]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: United States- 
India Nuclear Cooperation Approval and Nonproliferation Enhancement 
Act. 22 USC 8001 note.>> 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States-India 
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.

[[Page 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

[[Page 122 STAT. 4030]]

        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.-- <<NOTE: President.>> 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 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) 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 <<NOTE: President. Certification.>> 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)

[[Page 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 States-India 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

[[Page 122 STAT. 4032]]

                                    ``(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) <<NOTE: President. Reports.>> 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 <<NOTE: Time period.>> 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.

[[Page 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 <<NOTE: President.>> 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. <<NOTE: President.>> 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

[[Page 122 STAT. 4034]]

        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 _____ .',
            ``(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 
        _____ .', 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.

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.

                                  <all>
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