United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement
[Pub. 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’.
“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.—
“SEC. 102.
DECLARATIONS OF POLICY; CERTIFICATION REQUIREMENT; RULE OF CONSTRUCTION.
“(a)
Declarations of Policy Relating to Meaning and Legal Effect of Agreement.—
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, Feb. 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.