I 
110TH CONGRESS 
2D SESSION 
H. R. 7061 
To approve the United States-India Agreement for Cooperation on Peaceful 
Uses of Nuclear Energy, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2008 
Mr. BERMAN (for himself, Mr. ACKERMAN, and Mr. FALEOMAVAEGA) intro-
duced the following bill; which was referred to the Committee on Foreign 
Affairs, and in addition to the Committee on Rules, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
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, 
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: 
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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 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. 
For purposes of this Act, the following definitions 
apply: 
(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 
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 
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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-
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 
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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, 
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-
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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-
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 
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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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