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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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 
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 
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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 plan described in India’s Separation 
Plan tabled in Parliament 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 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 
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(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 
(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 
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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; 
‘‘(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 coopera-
tion activities undertaken under Arti-
cle 2(2)(d.) of the Agreement; 
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