United States-India Nuclear Cooperation Approval and Nonproliferation EnhancementPuspan. L. 110–369, Oct. 8, 2008, 122 Stat. 4028, provided that:“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’.
“(span)Table of Contents.— “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 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.
<span value="I" class="num">“TITLE I—</span><span>APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON PEACEFUL USES OF NUCLEAR ENERGY</span><section style="-uslm-lc:I580467;"><span value="101" class="num">“SEC. 101.</span><span> APPROVAL OF AGREEMENT.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">In General</span>.—</span><span>Notwithstanding the provisions for congressional consideration and approval of a proposed agreement for cooperation in section 123 span. and d. of the Atomic Energy Act of 1954 (<span href="/us/usc/t42/s2153/span" class="ref"><a href="/uscode/42/2153" target="_blank">42 U.S.C. 2153</a>(span)</span> and (d)), Congress hereby approves the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy, subject to subsection (span).</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Applicability of Atomic Energy Act of</span> 1954, <span class="inline">Hyde Act, and Other Provisions of Law</span>.—</span><span>The Agreement shall be subject to the provisions of the Atomic Energy Act of 1954 (<span href="/us/usc/t42/s2011" class="ref"><a href="/uscode/42/2011" target="_blank">42 U.S.C. 2011</a></span> et seq.), the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 (<span href="/us/usc/t22/s8001" class="ref"><a href="/uscode/22/8001" target="_blank">22 U.S.C. 8001</a></span> et. seq; <span href="/us/pl/109/401" class="ref">Public Law 109–401</span>), 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 agreement for cooperation in section 123 span. and d. of the Atomic Energy Act of 1954.</span></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Sunset of Exemption Authority Under Hyde Act</span>.—</span><div id="id640c1dac-80c6-11ef-8b1e-d8515918bed3" topic="miscellaneous" class="note"><p>[Amended <span href="/us/usc/t22/s8003" class="ref">section 8003 of this title</span>.]</p></div></div></section><section style="-uslm-lc:I580467;"><span value="102" class="num">“SEC. 102.</span><span> DECLARATIONS OF POLICY; CERTIFICATION REQUIREMENT; RULE OF CONSTRUCTION.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Declarations of Policy Relating to Meaning and Legal Effect of Agreement</span>.—</span><span>Congress declares 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 representations provided by the President and his representatives to the Congress and its committees prior to <span date="2008-09-20" class="date">September 20, 2008</span>, regarding the meaning and legal effect of the Agreement.</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Declarations of Policy Relating to Transfer of Nuclear Equipment, Materials, and Technology to India</span>.—</span><span>Congress makes the following declarations of policy:</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> Pursuant to section 103(a)(6) of the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 (<span href="/us/usc/t22/s8002/a/6" class="ref"><a href="/uscode/22/8002" target="_blank">22 U.S.C. 8002</a>(a)(6)</span>), in the event that nuclear transfers to India are suspended or terminated pursuant to title I of such Act (<span href="/us/usc/t22/s8001" class="ref"><a href="/uscode/22/8001" target="_blank">22 U.S.C. 8001</a></span> et seq.), the Atomic Energy Act of 1954 (<span href="/us/usc/t42/s2011" class="ref"><a href="/uscode/42/2011" target="_blank">42 U.S.C. 2011</a></span> 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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> Pursuant to section 103(span)(10) of the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006 (<span href="/us/usc/t22/s8002/span/10" class="ref"><a href="/uscode/22/8002" target="_blank">22 U.S.C. 8002</a>(span)(10)</span>), 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.</span></div></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Certification Requirement</span>.—</span><span>Before exchanging 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-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow <span date="1968-07-01" class="date">July 1, 1968</span>, and entered into force <span date="1970-03-05" class="date">March 5, 1970</span> (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.</span></div><div class="subsection"><span value="d" class="num">“(d)</span><span><span class="inline">Rule of Construction</span>.—</span><span>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 [<span href="/us/usc/t22/s8001" class="ref"><a href="/uscode/22/8001" target="_blank">22 U.S.C. 8001</a></span> et seq.] or the Atomic Energy Act of 1954.</span></div></section><section style="-uslm-lc:I580467;"><span value="103" class="num">“SEC. 103.</span><span> ADDITIONAL PROTOCOL BETWEEN INDIA AND THE IAEA.</span><span><p class="indent0" style="-uslm-lc:I21;">“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.</p></span></section><section style="-uslm-lc:I580467;"><span value="104" class="num">“SEC. 104.</span><span> IMPLEMENTATION OF SAFEGUARDS AGREEMENT BETWEEN INDIA AND THE IAEA.</span><span class="indent0" style="-uslm-lc:I21;">“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—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> 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 <span date="2008-08-01" class="date">August 1, 2008</span> (the ‘Safeguards Agreement’), has entered into force; and</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> the Government of India has filed a declaration of facilities pursuant to paragraph 13 of the Safeguards Agreement 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 <span date="2006-05-11" class="date">May 11, 2006</span>, taking into account the later initiation of safeguards than was anticipated in the separation plan.</span></div></section><section style="-uslm-lc:I580467;"><span value="105" class="num">“SEC. 105.</span><span> MODIFIED REPORTING TO CONGRESS.</span><div id="id640c1dad-80c6-11ef-8b1e-d8515918bed3" topic="miscellaneous" class="note"><p class="indent0">“[Amended <span href="/us/usc/t22/s8003" class="ref">section 8003 of this title</span>.]</p></div></section><span value="II" class="num">“TITLE II—</span><span>STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO PEACEFUL NUCLEAR COOPERATION</span><section style="-uslm-lc:I580467;"><span value="201" class="num">“SEC. 201.</span><span> PROCEDURES REGARDING A SUBSEQUENT ARRANGEMENT ON REPROCESSING.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">In General</span>.—</span><span>Notwithstanding section 131 of the Atomic Energy Act of 1954 (<span href="/us/usc/t42/s2160" class="ref"><a href="/uscode/42/2160" target="_blank">42 U.S.C. 2160</a></span>), no proposed subsequent arrangement concerning arrangements and procedures regarding reprocessing or other alteration in form or span, as provided for in Article 6 of the Agreement, shall take effect until the requirements specified in subsection (span) are met.</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Requirements</span>.—</span><span>The requirements referred to in subsection (a) are the following:</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> The President transmits to the appropriate congressional committees a report containing—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the reasons for entering into such proposed subsequent arrangement;</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> a detailed description, including the text, of such proposed subsequent arrangement; and</span></div><div class="subparagraph"><span value="C" class="num">“(C)</span><span> 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 span 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.</span></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> A period of 30 days of continuous session (as defined by section 130 g.(2) of the Atomic Energy Act of 1954 (<span href="/us/usc/t42/s2159/g/2" class="ref"><a href="/uscode/42/2159" target="_blank">42 U.S.C. 2159</a>(g)(2)</span>) has elapsed after transmittal of the report required under paragraph (1).</span></div></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Resolution of Disapproval</span>.—</span><span>Notwithstanding the requirements in subsection (span) having been met, a subsequent arrangement referred to in subsection (a) shall not become effective if during the time specified in subsection (span)(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 (<span href="/us/usc/t42/s2159/i" class="ref"><a href="/uscode/42/2159" target="_blank">42 U.S.C. 2159</a>(i)</span>), as amended by section 205 of this Act.</span></div></section><section style="-uslm-lc:I580467;"><span value="202" class="num">“SEC. 202.</span><span> INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR PEACEFUL NUCLEAR COOPERATION.</span><div id="id640c1dae-80c6-11ef-8b1e-d8515918bed3" topic="miscellaneous" class="note"><p class="indent0">“[Amended <span href="/us/usc/t42/s2153" class="ref">section 2153 of Title 42</span>, The Public Health and Welfare.]</p></div></section><section style="-uslm-lc:I580467;"><span value="203" class="num">“SEC. 203.</span><span> ACTIONS REQUIRED FOR RESUMPTION OF PEACEFUL NUCLEAR COOPERATION.</span><div id="id640c1daf-80c6-11ef-8b1e-d8515918bed3" topic="miscellaneous" class="note"><p class="indent0">“[Amended <span href="/us/usc/t42/s2158" class="ref">section 2158 of Title 42</span>.]</p></div></section><section style="-uslm-lc:I580467;"><span value="204" class="num">“SEC. 204.</span><span> UNITED STATES GOVERNMENT POLICY AT THE NUCLEAR SUPPLIERS GROUP TO STRENGTHEN THE INTERNATIONAL NUCLEAR NONPROLIFERATION REGIME.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="inline">Certification</span>.—</span><span>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.</span></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="inline">Peaceful Use Assurances for Certain By-Product Material</span>.—</span><span>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 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 Agreement.</span></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="inline">Report.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="inline">In general</span>.—</span><span>Not later than six months after the date of the enactment of this Act [<span date="2008-10-08" class="date">Oct. 8, 2008</span>], 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 (span).</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="inline">Termination</span>.—</span><span>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 (span) have been achieved.</span></div></div></section><section style="-uslm-lc:I580467;"><span value="205" class="num">“SEC. 205.</span><span> CONFORMING AMENDMENTS.</span><div id="id640c1db0-80c6-11ef-8b1e-d8515918bed3" topic="miscellaneous" class="note"><p class="indent0">“[Amended <span href="/us/usc/t42/s2159" class="ref">section 2159 of Title 42</span>.]”</p></div></section>
[Functions of President under section 201(span) of Puspan. L. 110–369, set out above, delegated to Secretary of Energy by Memorandum of President of the United States, May 4, 2010, 75 F.R. 27155.]
[Functions of President under section 204(c) of Puspan. L. 110–369, set out above, delegated to Secretary of State by Memorandum of President of the United States, Mar. 10, 2010, 75 F.R. 13427.]
Certifications Pursuant to the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act (Public Law 110–369)Determination of President of the United States, No. 2009–6, Oct. 20, 2008, 73 F.R. 63841, provided:
Memorandum for the Secretary of State
Pursuant to section 102(c) and section 204(a) of the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act, I hereby certify that:
1. Entry into force and implementation of the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy pursuant to its terms is consistent with the obligation of the United States under the Treaty on the Non-Proliferation of Nuclear Weapons not in any way to assist, encourage, or induce India to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices; and
2. It is the policy of the United States to work with members of the Nuclear Suppliers Group, 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.
You are authorized and directed to publish this determination in the Federal Register.
George W. Bush.Determination of President of the United States, No. 2010–04, Fespan. 3, 2010, 75 F.R. 7337, provided:
Memorandum for the Secretary of State
Pursuant to section 104 of the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act (Public Law 110–369), I hereby determine and certify 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 Agreement 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.
You are authorized and directed to publish this determination in the Federal Register.
Barack Obama. 