[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7081 Enrolled Bill (ENR)]

        H.R.7081

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 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 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 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 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.

 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 
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 
agreement 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 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 
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 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 safeguarded civilian 
    nuclear facilities should be commensurate with reasonable reactor 
    operating requirements.
    (c) Certification Requirement.--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 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 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.
    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) 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;''.
    (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 `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 nuclear technology 
                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 Agreement;
                    ``(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 
                Agreement;
                    ``(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 concerns 
                over compliance with the provisions of Article 7(1) of 
                the Agreement, and the results of such consultations; 
                and
                    ``(II) any matters not otherwise identified in this 
                report that have become the subject of consultations 
                pursuant to Article 13(2) of the Agreement, 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 RELATING TO 
                      PEACEFUL NUCLEAR COOPERATION

    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 requirements 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 congressional 
    committees a report containing--
            (A) the reasons for entering into such proposed 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 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.
    SEC. 202. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS 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 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 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.
    (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 
    clause of which is as follows: `That the Congress (does or does 
    not) favor the proposed agreement for cooperation transmitted to 
    the Congress by the President on _____ .',
        ``(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 _____ .', 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 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 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)''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.