United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act
PL 110-369 (H.R.7081), enacted 10/08/2008

122 STAT. 4028 
PUBLIC LAW 110–369—OCT. 8, 2008 
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. 
Be it enacted by the Senate and House of Representatives 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 Enhance-
ment 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 Agree-
ment 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. 
United States- 
India Nuclear 
Cooperation 
Approval and 
Nonproliferation 
Enhancement 
Act. 
22 USC 8001 
note. 
Oct. 8, 2008 
[H.R. 7081] 
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122 STAT. 4029 
PUBLIC LAW 110–369—OCT. 8, 2008 
TITLE 
I—APPROVAL 
OF 
UNITED 
STATES-INDIA AGREEMENT FOR CO-
OPERATION ON PEACEFUL USES OF 
NUCLEAR ENERGY 
SEC. 101. APPROVAL OF AGREEMENT. 
(a) IN GENERAL.—Notwithstanding the provisions for congres-
sional 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 agree-
ment 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 under-
standing 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 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 trans-
fers 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 
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122 STAT. 4030 
PUBLIC LAW 110–369—OCT. 8, 2008 
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.—Before exchanging diplo-
matic notes pursuant to Article 16(1) of the Agreement, the Presi-
dent shall certify to Congress that entry into force and implementa-
tion 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 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 Agree-
ment 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) 
President. 
Certification. 
President. 
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122 STAT. 4031 
PUBLIC LAW 110–369—OCT. 8, 2008 
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 separa-
tion 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 ‘Agree-
ment’) 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 tech-
nology 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 Agree-
ment; 
‘‘(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 Agree-
ment; 
‘‘(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 con-
cerns over compliance with the provisions of Article 
7(1) of the Agreement, and the results of such 
consultations; and 
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122 STAT. 4032 
PUBLIC LAW 110–369—OCT. 8, 2008 
‘‘(II) any matters not otherwise identified in 
this report that have become the subject of con-
sultations pursuant 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 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 RE-
LATING TO PEACEFUL NUCLEAR CO-
OPERATION 
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 require-
ments specified in subsection (b) are met. 
(b) REQUIREMENTS.—The requirements referred to in subsection 
(a) are the following: 
(1) The President transmits to the appropriate congres-
sional committees a report containing— 
(A) the reasons for entering into such proposed subse-
quent 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 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. 
Time period. 
President. 
Reports. 
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122 STAT. 4033 
PUBLIC LAW 110–369—OCT. 8, 2008 
SEC. 202. INITIATIVES AND NEGOTIATIONS RELATING TO AGREE-
MENTS 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 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. UNITED STATES GOVERNMENT POLICY AT THE NUCLEAR 
SUPPLIERS GROUP TO STRENGTHEN THE INTERNATIONAL 
NUCLEAR NONPROLIFERATION REGIME. 
(a) CERTIFICATION.—Before exchanging diplomatic notes pursu-
ant 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 Partici-
pating 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 Agree-
ment. 
(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 
President. 
President. 
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122 STAT. 4034 
PUBLIC LAW 110–369—OCT. 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. 
clause of which is as follows: ‘That the Congress (does or 
does not) favor the proposed agreement for cooperation trans-
mitted 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 resolving clause of 
which is as follows: ‘That the Congress does not favor the 
determination transmitted to the Congress by the President 
on lllll .’, 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 trans-
mitted 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. 
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