II 
110TH CONGRESS 
2D SESSION 
H. R. 7081 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29 (legislative day, SEPTEMBER 17), 2008 
Received 
AN ACT 
To approve the United States-India Agreement for Coopera-
tion on Peaceful Uses of Nuclear Energy, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 NONPROLIFERA-
TION 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 nu-
clear 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 Govern-
ment of India Concerning Peaceful Uses of Nuclear 
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Energy that was transmitted to Congress by the 
President on September 10, 2008. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Foreign Affairs of 
the House of Representatives and the Committee on 
Foreign Relations of the Senate. 
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 Agree-
ment for Cooperation on Peaceful Uses of Nuclear En-
ergy, 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 En-
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ergy 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 pursu-
ant to the provisions for congressional consideration and 
approval of a proposed agreement for cooperation in sec-
tion 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 en-
actment 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 RE-
QUIREMENT; RULE OF CONSTRUCTION. 
(a) DECLARATIONS OF POLICY RELATING TO MEAN-
ING AND LEGAL EFFECT OF AGREEMENT.—Congress de-
clares 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 representa-
tions provided by the President and his representatives to 
the Congress and its committees prior to September 20, 
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2008, regarding the meaning and legal effect of the Agree-
ment. 
(b) DECLARATIONS OF POLICY RELATING TO TRANS-
FER OF NUCLEAR EQUIPMENT, MATERIALS, AND TECH-
NOLOGY TO INDIA.—Congress makes the following dec-
larations of policy: 
(1) Pursuant to section 103(a)(6) of the Henry 
J. Hyde United States-India Peaceful Atomic En-
ergy 
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 of 2006 (22 U.S.C. 
8002(b)(10)), any nuclear power reactor fuel reserve 
provided to the Government of India for use in safe-
guarded civilian nuclear facilities should be commen-
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surate with reasonable reactor operating require-
ments. 
(c) CERTIFICATION
REQUIREMENT.—Before ex-
changing 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-Prolifera-
tion 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-Prolifera-
tion Treaty’’), not in any way to assist, encourage, or in-
duce 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 re-
quirements 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 
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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 declara-
tion of facilities pursuant to paragraph 13 of the 
Safeguards Agreement that is not materially incon-
sistent with the facilities and schedule described in 
paragraph 14 of the separation plan presented in the 
national parliament of India on May 11, 2006, tak-
ing into account the later initiation of safeguards 
than was anticipated in the separation plan. 
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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 Co-
operation Act of 2006 (22 U.S.C. 8003) is amended— 
(1) by redesignating subparagraphs (B), (C), 
and (D) as subparagraphs (C), (D), and (E), respec-
tively; and 
(2) by inserting after subparagraph (A) the fol-
lowing 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 fa-
cilities and schedule described in paragraph 
(14) of the separation plan presented in the na-
tional parliament of India on May 11, 2006, 
taking into account the later initiation of safe-
guards 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 
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(3) by adding at the end the following new sub-
paragraph: 
‘‘(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 nu-
clear technology to India, and other 
such information as may be so des-
ignated by the United States or India 
under Article 1(Q); and 
‘‘(II) all facilities in India noti-
fied 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; 
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‘‘(I) any instances in which the 
United States or India requested con-
sultations arising from concerns over 
compliance with the provisions of Ar-
ticle 7(1) of the Agreement, and the 
results of such consultations; and 
‘‘(II) any matters not otherwise 
identified in this report that have be-
come the subject of consultations pur-
suant 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 ex-
pected to occur under Article 16(5) of 
the Agreement; and 
‘‘(II) any enrichment is being 
carried out pursuant to Article 6 of 
the Agreement.’’. 
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TITLE 
II—STRENGTHENING 
UNITED 
STATES 
NON-
PROLIFERATION LAW RELAT-
ING TO PEACEFUL NUCLEAR 
COOPERATION 
SEC. 201. PROCEDURES REGARDING A SUBSEQUENT AR-
RANGEMENT ON REPROCESSING. 
(a) IN GENERAL.—Notwithstanding section 131 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2160), no pro-
posed 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 speci-
fied 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 pro-
posed 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 na-
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tion that permits India to reprocess or other-
wise alter in form or content nuclear material 
that the nation has transferred to India or nu-
clear material and by-product material used in 
or produced through the use of nuclear mate-
rial, 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 En-
ergy 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.—Notwith-
standing 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 en-
acted, a joint resolution stating in substance that Con-
gress does not favor such subsequent arrangement. Any 
such resolution shall be considered pursuant to the proce-
dures 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. 
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SEC. 202. INITIATIVES AND NEGOTIATIONS RELATING TO 
AGREEMENTS FOR PEACEFUL NUCLEAR CO-
OPERATION. 
Section 123 of the Atomic Energy Act of 1954 (42 
U.S.C. 2153) is amended by adding at the end the fol-
lowing: 
‘‘e. The President shall keep the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives and the Committee on Foreign Re-
lations of the Senate fully and currently in-
formed 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 sec-
tion 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’’. 
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SEC. 204. UNITED STATES GOVERNMENT POLICY AT THE 
NUCLEAR SUPPLIERS GROUP TO STRENGTH-
EN THE INTERNATIONAL NUCLEAR NON-
PROLIFERATION 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 in-
formation 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 
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transmit to the appropriate congressional commit-
tees a report on efforts by the United States pursu-
ant to subsections (a) and (b). 
(2) TERMINATION.—The requirement to trans-
mit the report under paragraph (1) terminates on 
the date on which the President transmits a report 
pursuant to such paragraph stating that the objec-
tives 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 clause of which is as fol-
lows: ‘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 re-
solving clause of which is as follows: ‘That the Con-
gress does not favor the determination transmitted 
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to the Congress by the President on lllll .’, 
or 
‘‘(C) for a subsequent arrangement under sec-
tion 201 of the United States-India Nuclear Co-
operation Approval and Nonproliferation Enhance-
ment Act, a joint resolution, the matter after the re-
solving clause of which is as follows: ‘That the Con-
gress does not favor the subsequent arrangement to 
the Agreement for Cooperation Between the Govern-
ment of the United States of America and the Gov-
ernment of India Concerning Peaceful Uses of Nu-
clear 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 in-
troduction’’ the following ‘‘(or in the case of a 
joint resolution related to a subsequent ar-
rangement 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 sec-
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tion 201 of the United States-India Nuclear Co-
operation Approval and Nonproliferation En-
hancement Act, 15-day period)’’. 
Passed the House of Representatives September 27, 
2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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