22 U.S.C. § 8006 — MTCR adherent status

Page 2035 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8007 ment requiring the application of IAEA safeguards in perpetuity in accordance with IAEA standards, prin- ciples, and practices (including IAEA Board of Gov- ernors Document GOV/1621 (1973)) to India’s civil nu- clear facilities, materials, and programs as declared in the plan described in paragraph (1), including materials used in or produced through the use of India’s civil nu- clear facilities; 3. India and the IAEA are making substantial progress toward concluding an Additional Protocol con- sistent with IAEA principles, practices, and policies that would apply to India’s civil nuclear program; 4. India is working actively with the United States for the early conclusion of a multilateral treaty on the cessation of the production of fissile materials for use in nuclear weapons or other nuclear explosive devices; 5. India is working with and supporting United States and international efforts to prevent the spread of en- richment and reprocessing technology to any state that does not already possess full-scale, functioning enrich- ment or reprocessing plants; 6. India is taking the necessary steps to secure nu- clear and other sensitive materials and technology, in- cluding through (A) the enactment and effective en- forcement of comprehensive export control legislation and regulations; (B) harmonization of its export control laws, regulations, policies, and practices with the guidelines and practices of the Missile Technology Con- trol Regime (MTCR) and the Nuclear Suppliers Group (NSG); and (C) adherence to the MTCR and the NSG in accordance with the procedures of those regimes for unilateral adherence; and 7. The NSG has decided by consensus to permit sup- ply to India of nuclear items covered by the guidelines of the NSG. I therefore hereby (1) exempt the proposed Agreement for Cooperation Between the Government of the United States of America and the Government of India Con- cerning Peaceful Uses of Nuclear Energy arranged pur- suant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) from the requirement of subsection 123 a.(2) of such section; (2) waive the application of sec- tion 128 of the Atomic Energy Act of 1954 (42 U.S.C. 2157) with respect to exports to India; and (3) waive with respect to India the application of: (A) subsection 129 a.(1)(D) of the Atomic Energy Act of 1954 (42 U.S.C. 2158(a)(1)(D)); and (B) section 129 of the Atomic Energy Act of 1954 (42 U.S.C. 2158) regarding any actions that occurred before July 18, 2005. The Secretary of State is authorized and directed to publish this determination in the Federal Register. GEORGE W. BUSH. DELEGATION OF CERTAIN FUNCTIONS UNDER SECTION 104(g) OF THE UNITED STATES-INDIA PEACEFUL ATOMIC ENERGY COOPERATION ACT OF 2006, AS AMENDED BY PUBLIC LAW 110–369 Memorandum of President of the United States, Apr. 27, 2010, 75 F.R. 23563, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States, includ- ing section 301 of title 3, United States Code, I hereby delegate to you the functions and authority conferred upon the President by section 104(g) of the [Henry J. Hyde] United States-India Peaceful Atomic Energy Co- operation Act of 2006 (Public Law 109–401), as amended by section 105 of Public Law 110–369, to make the speci- fied report to the Congress. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 8004. United States compliance with its nuclear nonproliferation treaty obligations Nothing in this chapter constitutes authority for any action in violation of an obligation of the United States under the NPT. (Pub. L. 109–401, title I, § 105, Dec. 18, 2006, 120 Stat. 2738.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 109–401, Dec. 18, 2006, 120 Stat. 2726, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 8001 of this title and Tables. § 8005. Inoperability of determination and waiv- ers A determination and any waiver under section 8003 of this title shall cease to be effective if the President determines that India has detonated a nuclear explosive device after December 18, 2006. (Pub. L. 109–401, title I, § 106, Dec. 18, 2006, 120 Stat. 2738.) § 8006. MTCR adherent status Congress finds that India is not an MTCR ad- herent for the purposes of section 2797b of this title. (Pub. L. 109–401, title I, § 107, Dec. 18, 2006, 120 Stat. 2738.) § 8007. United States-India scientific cooperative nuclear nonproliferation program (a) Establishment The Secretary of Energy, acting through the Administrator of the National Nuclear Security Administration, is authorized to establish a co- operative nuclear nonproliferation program to pursue jointly with scientists from the United States and India a program to further common nuclear nonproliferation goals, including sci- entific research and development efforts, with an emphasis on nuclear safeguards (in this sec- tion referred to as ‘‘the program’’). (b) Consultation The program shall be carried out in consulta- tion with the Secretary of State and the Sec- retary of Defense. (c) National Academies recommendations (1) In general The Secretary of Energy shall enter into an agreement with the National Academies to de- velop recommendations for the implementa- tion of the program. (2) Recommendations The agreement entered into under paragraph (1) shall provide for the preparation by quali- fied individuals with relevant expertise and knowledge and the communication to the Sec- retary of Energy each fiscal year of— (A) recommendations for research and re- lated programs designed to overcome exist- ing technological barriers to nuclear non- proliferation; and (B) an assessment of whether activities and programs funded under this section are achieving the goals of the activities and pro- grams.