II 

Calendar No. 1048 

110TH CONGRESS 

2D SESSION S. 3548 

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

Uses of Nuclear Energy, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23 (legislative day, SEPTEMBER 17), 2008 

Mr. DODD, from the Committee on Foreign Relations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To approve the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘United States-India Nuclear Cooperation Approval and 

6 Nonproliferation Enhancement Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AGREEMENT.—The term ‘‘United States4 India Agreement for Cooperation on Peaceful Uses 

5 of Nuclear Energy’’ or ‘‘Agreement’’ means the 

6 Agreement for Cooperation Between the Government 

7 of the United States of America and the Govern8 ment of India Concerning Peaceful Uses of Nuclear 

9 Energy that was transmitted to Congress by the 

10 President on September 10, 2008. 

11 (2) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional com13 mittees’’ means the Committee on Foreign Affairs of 

14 the House of Representatives and the Committee on 

15 Foreign Relations of the Senate. 


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1 TITLE I—APPROVAL OF UNITED 

2 STATES-INDIA AGREEMENT 

3 FOR COOPERATION ON 

4 PEACEFUL USES OF NUCLEAR 

5 ENERGY 

6 SEC. 101. APPROVAL OF AGREEMENT. 

7 (a) IN GENERAL.—Notwithstanding the provisions 

8 for congressional consideration and approval of a proposed 

9 agreement for cooperation in section 123 b. and d. of the 

10 Atomic Energy Act of 1954 (42 U.S.C. 2153 (b) and (d)), 

11 Congress hereby approves the United States-India Agree12 ment for Cooperation on Peaceful Uses of Nuclear En13 ergy, subject to subsection (b). 

14 (b) APPLICABILITY OF ATOMIC ENERGY ACT OF

15 1954, HYDE ACT, AND OTHER PROVISIONS OF LAW.— 

16 The Agreement shall be subject to the provisions of the 

17 Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the 

18 Henry J. Hyde United States-India Peaceful Atomic En19 ergy Cooperation Act of 2006 (22 U.S.C. 8001 et. seq; 

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

21 States law as if the Agreement had been approved pursu22 ant to the provisions for congressional consideration and 

23 approval of a proposed agreement for cooperation in sec24 tion 123 b. and d. of the Atomic Energy Act of 1954. 


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1 (c) SUNSET OF EXEMPTION AUTHORITY UNDER

2 HYDE ACT.—Section 104(f) of the Henry J. Hyde United 

3 States-India Peaceful Atomic Energy Cooperation Act of 

4 2006 (22 U.S.C. 8003(f)) is amended by striking ‘‘the en5 actment of’’ and all that follows through ‘‘agreement’’ and 

6 inserting ‘‘the date of the enactment of the United States7 India Nuclear Cooperation Approval and Nonproliferation 

8 Enhancement Act’’. 

9 SEC. 102. DECLARATIONS OF POLICY; CERTIFICATION RE10 QUIREMENT; RULE OF CONSTRUCTION. 

11 (a) DECLARATIONS OF POLICY RELATING TO MEAN12 ING AND LEGAL EFFECT OF AGREEMENT.—Congress de13 clares that it is the understanding of the United States 

14 that the provisions of the United States-India Agreement 

15 for Cooperation on Peaceful Uses of Nuclear Energy have 

16 the meanings conveyed in the authoritative representa17 tions provided by the President and his representatives to 

18 the Congress and its committees prior to September 20, 

19 2008, regarding the meaning and legal effect of the Agree20 ment. 

21 (b) DECLARATIONS OF POLICY RELATING TO TRANS22 FER OF NUCLEAR EQUIPMENT, MATERIALS, AND TECH23 NOLOGY TO INDIA.—Congress makes the following dec24 larations of policy: 


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

2 J. Hyde United States-India Peaceful Atomic En3 ergy Cooperation Act of 2006 (22 U.S.C. 

4 8002(a)(6)), in the event that nuclear transfers to 

5 India are suspended or terminated pursuant to title 

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

7 Energy Act of 1954 (42 U.S.C. 2011 et seq.), or 

8 any other United States law, it is the policy of the 

9 United States to seek to prevent the transfer to 

10 India of nuclear equipment, materials, or technology 

11 from other participating governments in the Nuclear 

12 Suppliers Group (NSG) or from any other source. 

13 (2) Pursuant to section 103(b)(10) of the 

14 Henry J. Hyde United States-India Peaceful Atomic 

15 Energy Cooperation Act of 2006 (22 U.S.C. 

16 8002(b)(10)), any nuclear power reactor fuel reserve 

17 provided to the Government of India for use in safe18 guarded civilian nuclear facilities should be commen19 surate with reasonable reactor operating require20 ments. 

21 (c) CERTIFICATION REQUIREMENT.—Before ex22 changing diplomatic notes pursuant to Article 16(1) of the 

23 Agreement, the President shall certify to Congress that 

24 entry into force and implementation of the Agreement 

25 pursuant to its terms is consistent with the obligation of 


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1 the United States under the Treaty on the Non-Prolifera2 tion of Nuclear Weapons, done at Washington, London, 

3 and Moscow July 1, 1968, and entered into force March 

4 5, 1970 (commonly known as the ‘‘Nuclear Non-Prolifera5 tion Treaty’’), not in any way to assist, encourage, or in6 duce India to manufacture or otherwise acquire nuclear 

7 weapons or other nuclear explosive devices. 

8 (d) RULE OF CONSTRUCTION.—Nothing in the 

9 Agreement shall be construed to supersede the legal re10 quirements of the Henry J. Hyde United States-India 

11 Peaceful Atomic Energy Cooperation Act of 2006 or the 

12 Atomic Energy Act of 1954. 

13 SEC. 103. ADDITIONAL PROTOCOL BETWEEN INDIA AND 

14 THE IAEA. 

15 Congress urges the Government of India to sign and 

16 adhere to an Additional Protocol with the International 

17 Atomic Energy Agency (IAEA), consistent with IAEA 

18 principles, practices, and policies, at the earliest possible 

19 date. 

20 SEC. 104. IMPLEMENTATION OF SAFEGUARDS AGREEMENT 

21 BETWEEN INDIA AND THE IAEA. 

22 Licenses may be issued by the Nuclear Regulatory 

23 Commission for transfers pursuant to the Agreement only 

24 after the President determines and certifies to Congress 

25 that— 


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1 (1) the Agreement Between the Government of 

2 India and the International Atomic Energy Agency 

3 for the Application of Safeguards to Civilian Nuclear 

4 Facilities, as approved by the Board of Governors of 

5 the International Atomic Energy Agency on August 

6 1, 2008 (the ‘‘Safeguards Agreement’’), has entered 

7 into force; and 

8 (2) the Government of India has filed a declara9 tion of facilities pursuant to paragraph 13 of the 

10 Safeguards Agreement that is not materially incon11 sistent with the facilities and schedule described in 

12 paragraph 14 of the separation plan presented in the 

13 national parliament of India on May 11, 2006, tak14 ing into account the later initiation of safeguards 

15 than was anticipated in the separation plan. 

16 SEC. 105. MODIFIED REPORTING TO CONGRESS. 

17 (a) INFORMATION ON NUCLEAR ACTIVITIES OF

18 INDIA.—Subsection (g)(1) of section 104 of the Henry J. 

19 Hyde United States-India Peaceful Atomic Energy Co20 operation Act of 2006 (22 U.S.C. 8003) is amended— 

21 (1) by redesignating subparagraphs (B), (C), 

22 and (D) as subparagraphs (C), (D), and (E), respec23 tively; and 

24 (2) by inserting after subparagraph (A) the fol25 lowing new subparagraph: 


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1 ‘‘(B) any material inconsistencies between 

2 the content or timeliness of notifications by the 

3 Government of India pursuant to paragraph 

4 14(a) of the Safeguards Agreement and the fa5 cilities and schedule described in paragraph 

6 (14) of the separation plan presented in the na7 tional parliament of India on May 11, 2006, 

8 taking into account the later initiation of safe9 guards than was anticipated in the separation 

10 plan;’’. 

11 (b) IMPLEMENTATION AND COMPLIANCE REPORT.— 

12 Subsection (g)(2) of such section is amended— 

13 (1) in subparagraph (K)(iv), by striking ‘‘and’’ 

14 at the end; 

15 (2) in subparagraph (L), by striking the period 

16 at the end and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new sub18 paragraph: 

19 ‘‘(M) with respect to the United States20 India Agreement for Cooperation on Peaceful 

21 Uses of Nuclear Energy (hereinafter in this 

22 subparagraph referred to as the ‘Agreement’) 

23 approved under section 101(a) of the United 

24 States-India Nuclear Cooperation Approval and 

25 Nonproliferation Enhancement Act— 


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1 ‘‘(i) a listing of— 

2 ‘‘(I) all provision of sensitive nu3 clear technology to India, and other 

4 such information as may be so des5 ignated by the United States or India 

6 under Article 1(Q); and 

7 ‘‘(II) all facilities in India noti8 fied pursuant to Article 7(1) of the 

9 Agreement; 

10 ‘‘(ii) a description of— 

11 ‘‘(I) any agreed safeguards or 

12 any other form of verification for by13 product material decided by mutual 

14 agreement pursuant to the terms of 

15 Article 1(A) of the Agreement; 

16 ‘‘(II) research and development 

17 undertaken in such areas as may be 

18 agreed between the United States and 

19 India as detailed in Article 2(2)(a.) of 

20 the Agreement; 

21 ‘‘(III) the civil nuclear coopera22 tion activities undertaken under Arti23 cle 2(2)(d.) of the Agreement; 

24 ‘‘(IV) any United States efforts 

25 to help India develop a strategic reVerDate Aug 31 2005 05:05 Sep 24, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3548.PCS S3548

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1 serve of nuclear fuel as called for in 

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

3 ‘‘(V) any United States efforts to 

4 fulfill political commitments made in 

5 Article 5(6) of the Agreement; 

6 ‘‘(VI) any negotiations that have 

7 occurred or are ongoing under Article 

8 6(iii.) of the Agreement; and 

9 ‘‘(VII) any transfers beyond the 

10 territorial jurisdiction of India pursu11 ant to Article 7(2) of the Agreement, 

12 including a listing of the receiving 

13 country of each such transfer; 

14 ‘‘(iii) an analysis of— 

15 ‘‘(I) any instances in which the 

16 United States or India requested con17 sultations arising from concerns over 

18 compliance with the provisions of Ar19 ticle 7(1) of the Agreement, and the 

20 results of such consultations; and 

21 ‘‘(II) any matters not otherwise 

22 identified in this report that have be23 come the subject of consultations pur24 suant to Article 13(2) of the Agree25 ment, and a statement as to whether 


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1 such matters were resolved by the end 

2 of the reporting period; and 

3 ‘‘(iv) a statement as to whether— 

4 ‘‘(I) any consultations are ex5 pected to occur under Article 16(5) of 

6 the Agreement; and 

7 ‘‘(II) any enrichment is being 

8 carried out pursuant to Article 6 of 

9 the Agreement.’’. 

10 TITLE II—STRENGTHENING 

11 UNITED STATES NON12 PROLIFERATION LAW RELAT13 ING TO PEACEFUL NUCLEAR 

14 COOPERATION 

15 SEC. 201. PROCEDURES REGARDING A SUBSEQUENT AR16 RANGEMENT ON REPROCESSING. 

17 (a) IN GENERAL.—Notwithstanding section 131 of 

18 the Atomic Energy Act of 1954 (42 U.S.C. 2160), no pro19 posed subsequent arrangement concerning arrangements 

20 and procedures regarding reprocessing or other alteration 

21 in form or content, as provided for in Article 6 of the 

22 Agreement, shall take effect until the requirements speci23 fied in subsection (b) are met. 

24 (b) REQUIREMENTS.—The requirements referred to 

25 in subsection (a) are the following: 


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1 (1) The President transmits to the appropriate 

2 congressional committees a report containing— 

3 (A) the reasons for entering into such pro4 posed subsequent arrangement; 

5 (B) a detailed description, including the 

6 text, of such proposed subsequent arrangement; 

7 and 

8 (C) a certification that the United States 

9 will pursue efforts to ensure that any other na10 tion that permits India to reprocess or other11 wise alter in form or content nuclear material 

12 that the nation has transferred to India or nu13 clear material and by-product material used in 

14 or produced through the use of nuclear mate15 rial, non-nuclear material, or equipment that it 

16 has transferred to India requires India to do so 

17 under similar arrangements and procedures. 

18 (2) A period of 30 days of continuous session 

19 (as defined by section 130 g.(2) of the Atomic En20 ergy Act of 1954 (42 U.S.C. 2159 (g)(2)) has 

21 elapsed after transmittal of the report required 

22 under paragraph (1). 

23 (c) RESOLUTION OF DISAPPROVAL.—Notwith24 standing the requirements in subsection (b) having been 

25 met, a subsequent arrangement referred to in subsection 


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1 (a) shall not become effective if during the time specified 

2 in subsection (b)(2), Congress adopts, and there is en3 acted, a joint resolution stating in substance that Con4 gress does not favor such subsequent arrangement. Any 

5 such resolution shall be considered pursuant to the proce6 dures set forth in section 130 i. of the Atomic Energy Act 

7 of 1954 (42 U.S.C. 2159 (i)), as amended by section 205 

8 of this Act. 

9 SEC. 202. INITIATIVES AND NEGOTIATIONS RELATING TO 

10 AGREEMENTS FOR PEACEFUL NUCLEAR CO11 OPERATION. 

12 Section 123 of the Atomic Energy Act of 1954 (42 

13 U.S.C. 2153) is amended by adding at the end the fol14 lowing: 

15 ‘‘e. The President shall keep the Com16 mittee on Foreign Affairs of the House of Rep17 resentatives and the Committee on Foreign Re18 lations of the Senate fully and currently in19 formed of any initiative or negotiations relating 

20 to a new or amended agreement for peaceful 

21 nuclear cooperation pursuant to this section 

22 (except an agreement arranged pursuant to sec23 tion 91 c., 144 b., 144 c., or 144 d., or an 

24 amendment thereto).’’. 


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1 SEC. 203. ACTIONS REQUIRED FOR RESUMPTION OF 

2 PEACEFUL NUCLEAR COOPERATION. 

3 Section 129 a. of the Atomic Energy Act of 1954 (42 

4 U.S.C. 2158 (a)) is amended by striking ‘‘Congress adopts 

5 a concurrent resolution’’ and inserting ‘‘Congress adopts, 

6 and there is enacted, a joint resolution’’. 

7 SEC. 204. UNITED STATES GOVERNMENT POLICY AT THE 

8 NUCLEAR SUPPLIERS GROUP TO STRENGTH9 EN THE INTERNATIONAL NUCLEAR NON10 PROLIFERATION REGIME. 

11 (a) CERTIFICATION.—Before exchanging diplomatic 

12 notes pursuant to Article 16(1) of the Agreement, the 

13 President shall certify to the appropriate congressional 

14 committees that it is the policy of the United States to 

15 work with members of the Nuclear Suppliers Group 

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

17 restrict the transfers of equipment and technology related 

18 to the enrichment of uranium and reprocessing of spent 

19 nuclear fuel. 

20 (b) PEACEFUL USE ASSURANCES FOR CERTAIN BY21 PRODUCT MATERIAL.—The President shall seek to 

22 achieve, by the earliest possible date, either within the 

23 NSG or with relevant NSG Participating Governments, 

24 the adoption of principles, reporting, and exchanges of in25 formation as may be appropriate to assure peaceful use 

26 and accounting of by-product material in a manner that 


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1 is substantially equivalent to the relevant provisions of the 

2 Agreement. 

3 (c) REPORT.— 

4 (1) IN GENERAL.—Not later than six months 

5 after the date of the enactment of this Act, and 

6 every six months thereafter, the President shall 

7 transmit to the appropriate congressional commit8 tees a report on efforts by the United States pursu9 ant to subsections (a) and (b). 

10 (2) TERMINATION.—The requirement to trans11 mit the report under paragraph (1) terminates on 

12 the date on which the President transmits a report 

13 pursuant to such paragraph stating that the objec14 tives in subsections (a) and (b) have been achieved. 

15 SEC. 205. CONFORMING AMENDMENTS. 

16 Section 130 i. of the Atomic Energy Act of 1954 (42 

17 U.S.C. 2159 (i)) is amended— 

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

19 resolution’’ and all that follows through ‘‘, with the 

20 date’’ and inserting the following: ‘‘means— 

21 ‘‘(A) for an agreement for cooperation pursuant 

22 to section 123 of this Act, a joint resolution, the 

23 matter after the resolving clause of which is as fol24 lows: ‘That the Congress (does or does not) favor 


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1 the proposed agreement for cooperation transmitted 

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

3 ‘‘(B) for a determination under section 129 of 

4 this Act, a joint resolution, the matter after the re5 solving clause of which is as follows: ‘That the Con6 gress does not favor the determination transmitted 

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

8 or 

9 ‘‘(C) for a subsequent arrangement under sec10 tion 201 of the United States-India Nuclear Co11 operation Approval and Nonproliferation Enhance12 ment Act, a joint resolution, the matter after the re13 solving clause of which is as follows: ‘That the Con14 gress does not favor the subsequent arrangement to 

15 the Agreement for Cooperation Between the Govern16 ment of the United States of America and the Gov17 ernment of India Concerning Peaceful Uses of Nu18 clear Energy that was transmitted to Congress by 

19 the President on September 10, 2008.’, 

20 with the date’’; and 

21 (2) in paragraph (4)— 

22 (A) by inserting after ‘‘45 days after its in23 troduction’’ the following ‘‘(or in the case of a 

24 joint resolution related to a subsequent ar25 rangement under section 201 of the United 


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1 States-India Nuclear Cooperation Approval and 

2 Nonproliferation Enhancement Act, 15 days 

3 after its introduction)’’; and 

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

5 following: ‘‘(or in the case of a joint resolution 

6 related to a subsequent arrangement under sec7 tion 201 of the United States-India Nuclear Co8 operation Approval and Nonproliferation En9 hancement Act, 15-day period)’’. 


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Calendar No. 1048 

110TH CONGRESS 

2D SESSION S. 3548 

A BILL 

To approve the United States-India Agreement for 

and for other purposes. Cooperation on Peaceful Uses of Nuclear Energy, 

SEPTEMBER 23 (legislative day, SEPTEMBER 17), 2008 

Read twice and placed on the calendar 


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