22 U.S.C. § 8003 — Waiver authority and congressional ap-

Page 2029 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8003 nuclear weapons to which both the United States and India become parties. (3) Secure India’s— (A) full participation in the Proliferation Security Initiative; (B) formal commitment to the Statement of Interdiction Principles of such Initiative; (C) public announcement of its decision to conform its export control laws, regulations, and policies with the Australia Group and with the Guidelines, Procedures, Criteria, and Control Lists of the Wassenaar Arrange- ment; (D) demonstration of satisfactory progress toward implementing the decision described in subparagraph (C); and (E) ratification of or accession to the Con- vention on Supplementary Compensation for Nuclear Damage, done at Vienna on Sep- tember 12, 1997. (4) Secure India’s full and active participa- tion in United States efforts to dissuade, iso- late, and, if necessary, sanction and contain Iran for its efforts to acquire weapons of mass destruction, including a nuclear weapons capa- bility and the capability to enrich uranium or reprocess nuclear fuel, and the means to de- liver weapons of mass destruction. (5) Seek to halt the increase of nuclear weapon arsenals in South Asia and to promote their reduction and eventual elimination. (6) Ensure that spent fuel generated in In- dia’s civilian nuclear power reactors is not transferred to the United States except pursu- ant to the Congressional review procedures re- quired under section 131 f. of the Atomic En- ergy Act of 1954 (42 U.S.C. 2160(f)). (7) Pending implementation of the multilat- eral moratorium described in paragraph (1) or the treaty described in paragraph (2), encour- age India not to increase its production of fissile material at unsafeguarded nuclear fa- cilities. (8) Ensure that any safeguards agreement or Additional Protocol to which India is a party with the IAEA can reliably safeguard any ex- port or reexport to India of any nuclear mate- rials and equipment. (9) Ensure that the text and implementation of any agreement for cooperation with India arranged pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) meet the re- quirements set forth in subsections a.(1) and a.(3) through a.(9) of such section [42 U.S.C. 2153(a)(1), (3)–(9)]. (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 op- erating requirements. (Pub. L. 109–401, title I, § 103, Dec. 18, 2006, 120 Stat. 2727.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(6), was in the original ‘‘this title’’, meaning title I of Pub. L. 109–401, Dec. 18, 2006, 120 Stat. 2726, which is classified prin- cipally 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. The Atomic Energy Act of 1954, referred to in subsec. (a)(6), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. § 8003. Waiver authority and congressional ap- proval (a) In general If the President makes the determination de- scribed in subsection (b), the President may— (1) exempt a proposed agreement for co- operation with India arranged pursuant to sec- tion 2153 of title 42 from the requirement of subsection (a)(2) of such section; (2) waive the application of section 2157 of title 42 with respect to exports to India; and (3) waive with respect to India the applica- tion of— (A) section 2158(a)(1)(D) of title 42; and (B) section 2158 of title 42 regarding any actions that occurred before July 18, 2005. (b) Determination by the President The determination referred to in subsection (a) is a determination by the President that the following actions have occurred: (1) India has provided the United States and the IAEA with a credible plan to separate civil and military nuclear facilities, materials, and programs, and has filed a declaration regard- ing its civil facilities and materials with the IAEA. (2) India and the IAEA have concluded all legal steps required prior to signature by the parties of an agreement requiring the applica- tion of IAEA safeguards in perpetuity in ac- cordance with IAEA standards, principles, and practices (including IAEA Board of Governors Document GOV/1621 (1973)) to India’s civil nu- clear facilities, materials, and programs as de- clared in the plan described in paragraph (1), including materials used in or produced through the use of India’s civil nuclear facili- ties. (3) India and the IAEA are making substan- tial progress toward concluding an Additional Protocol consistent with IAEA principles, practices, and policies that would apply to In- dia’s civil nuclear program. (4) India is working actively with the United States for the early conclusion of a multilat- eral 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 pre- vent the spread of enrichment and reprocess- ing technology to any state that does not al- ready possess full-scale, functioning enrich- ment or reprocessing plants. (6) India is taking the necessary steps to se- cure nuclear and other sensitive materials and technology, including through— (A) the enactment and effective enforce- ment of comprehensive export control legis- lation and regulations; (B) harmonization of its export control laws, regulations, policies, and practices Page 2030 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8003 with the guidelines and practices of the Mis- sile Technology Control Regime (MTCR) and the NSG; and (C) adherence to the MTCR and the NSG in accordance with the procedures of those re- gimes for unilateral adherence. (7) The NSG has decided by consensus to per- mit supply to India of nuclear items covered by the guidelines of the NSG. (c) Submission to Congress (1) In general The President shall submit to the appro- priate congressional committees the deter- mination made pursuant to subsection (b), to- gether with a report detailing the basis for the determination. (2) Information to be included To the fullest extent available to the United States, the report referred to in paragraph (1) shall include the following information: (A) A summary of the plan provided by India to the United States and the IAEA to separate India’s civil and military nuclear facilities, materials, and programs, and the declaration made by India to the IAEA iden- tifying India’s civil facilities to be placed under IAEA safeguards, including an anal- ysis of the credibility of such plan and dec- laration, together with copies of the plan and declaration. (B) A summary of the agreement that has been entered into between India and the IAEA requiring the application of safeguards in accordance with IAEA practices to India’s civil nuclear facilities as declared in the plan described in subparagraph (A), together with a copy of the agreement, and a descrip- tion of the progress toward its full imple- mentation. (C) A summary of the progress made to- ward conclusion and implementation of an Additional Protocol between India and the IAEA, including a description of the scope of such Additional Protocol. (D) A description of the steps that India is taking to work with the United States for the conclusion of a multilateral treaty ban- ning the production of fissile material for nuclear weapons, including a description of the steps that the United States has taken and will take to encourage India to identify and declare a date by which India would be willing to stop production of fissile material for nuclear weapons unilaterally or pursuant to a multilateral moratorium or treaty. (E) A description of the steps India is tak- ing to prevent the spread of nuclear-related technology, including enrichment and re- processing technology or materials that can be used to acquire a nuclear weapons capa- bility, as well as the support that India is providing to the United States to further United States objectives to restrict the spread of such technology. (F) A description of the steps that India is taking to secure materials and technology applicable for the development, acquisition, or manufacture of weapons of mass destruc- tion and the means to deliver such weapons through the application of comprehensive export control legislation and regulations, and through harmonization with and adher- ence to MTCR, NSG, Australia Group, and Wassenaar Arrangement guidelines, compli- ance with United Nations Security Council Resolution 1540, and participation in the Proliferation Security Initiative. (G) A description and assessment of the specific measures that India has taken to fully and actively participate in United States and international efforts to dissuade, isolate, and, if necessary, sanction and con- tain Iran for its efforts to acquire weapons of mass destruction, including a nuclear weap- ons capability and the capability to enrich uranium or reprocess nuclear fuel and the means to deliver weapons of mass destruc- tion. (H) A description of the decision of the NSG relating to nuclear cooperation with India, including whether nuclear coopera- tion by the United States under an agree- ment for cooperation arranged pursuant to section 2153 of title 42 is consistent with the decision, practices, and policies of the NSG. (I) A description of the scope of peaceful cooperation envisioned by the United States and India that will be implemented under the agreement for nuclear cooperation, in- cluding whether such cooperation will in- clude the provision of enrichment and re- processing technology. (J) A description of the steps taken to en- sure that proposed United States civil nu- clear cooperation with India will not in any way assist India’s nuclear weapons program. (d) Restrictions on nuclear transfers (1) In general Pursuant to the obligations of the United States under Article I of the NPT, nothing in this chapter constitutes authority to carry out any civil nuclear cooperation between the United States and a country that is not a nu- clear-weapon State Party to the NPT that would in any way assist, encourage, or induce that country to manufacture or otherwise ac- quire nuclear weapons or nuclear explosive de- vices. (2) NSG transfer guidelines Notwithstanding the entry into force of an agreement for cooperation with India arranged pursuant to section 2153 of title 42 and pursu- ant to this chapter, no item subject to such agreement or subject to the transfer guide- lines of the NSG, or to NSG decisions related thereto, may be transferred to India if such transfer would be inconsistent with the trans- fer guidelines of the NSG in effect on the date of the transfer. (3) Termination of nuclear transfers to India (A) In general Notwithstanding the entry into force of an agreement for cooperation with India ar- ranged pursuant to section 2153 of title 42 and pursuant to this chapter, and except as provided under subparagraph (B), exports of nuclear and nuclear-related material, equip- Page 2031 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8003 ment, or technology to India shall be termi- nated if there is any materially significant transfer by an Indian person of— (i) nuclear or nuclear-related material, equipment, or technology that is not con- sistent with NSG guidelines or decisions, or (ii) ballistic missiles or missile-related equipment or technology that is not con- sistent with MTCR guidelines, unless the President determines that ces- sation of such exports would be seriously prejudicial to the achievement of United States nonproliferation objectives or other- wise jeopardize the common defense and se- curity. (B) Exception The President may choose not to termi- nate exports of nuclear and nuclear-related material, equipment, and technology to India under subparagraph (A) if— (i) the transfer covered under such sub- paragraph was made without the knowl- edge of the Government of India; (ii) at the time of the transfer, either the Government of India did not own, control, or direct the Indian person that made the transfer or the Indian person that made the transfer is a natural person who acted without the knowledge of any entity de- scribed in subparagraph (B) or (C) of sec- tion 8008(5) of this title; and (iii) the President certifies to the appro- priate congressional committees that the Government of India has taken or is tak- ing appropriate judicial or other enforce- ment actions against the Indian person with respect to such transfer. (4) Exports, reexports, transfers, and retrans- fers to India related to enrichment, reproc- essing, and heavy water production (A) In general (i) Nuclear Regulatory Commission The Nuclear Regulatory Commission may only issue licenses for the export or reexport to India of any equipment, com- ponents, or materials related to the en- richment of uranium, the reprocessing of spent nuclear fuel, or the production of heavy water if the requirements of sub- paragraph (B) are met. (ii) Secretary of Energy The Secretary of Energy may only issue authorizations for the transfer or re- transfer to India of any equipment, mate- rials, or technology related to the enrich- ment of uranium, the reprocessing of spent nuclear fuel, or the production of heavy water (including under the terms of a sub- sequent arrangement under section 2160 of title 42) if the requirements of subpara- graph (B) are met. (B) Requirements for approvals Exports, reexports, transfers, and retrans- fers referred to in subparagraph (A) may only be approved if— (i) the end user— (I) is a multinational facility partici- pating in an IAEA-approved program to provide alternatives to national fuel cycle capabilities; or (II) is a facility participating in, and the export, reexport, transfer, or re- transfer is associated with, a bilateral or multinational program to develop a pro- liferation-resistant fuel cycle; (ii) appropriate measures are in place at any facility referred to in clause (i) to en- sure that no sensitive nuclear technology, as defined in section 3203(5) of this title, will be diverted to any person, site, facil- ity, location, or program not under IAEA safeguards; and (iii) the President determines that the export, reexport, transfer, or retransfer will not assist in the manufacture or ac- quisition of nuclear explosive devices or the production of fissile material for mili- tary purposes. (5) Nuclear export accountability program (A) In general The President shall ensure that all appro- priate measures are taken to maintain ac- countability with respect to nuclear mate- rials, equipment, and technology sold, leased, exported, or reexported to India so as to ensure— (i) full implementation of the protec- tions required under section 2153(a)(1) of title 42; and (ii) United States compliance with Arti- cle I of the NPT. (B) Measures The measures taken pursuant to subpara- graph (A) shall include the following: (i) Obtaining and implementing assur- ances and conditions pursuant to the ex- port licensing authorities of the Nuclear Regulatory Commission and the Depart- ment of Commerce and the authorizing au- thorities of the Department of Energy, in- cluding, as appropriate, conditions regard- ing end-use monitoring. (ii) A detailed system of reporting and accounting for technology transfers, in- cluding any retransfers in India, author- ized by the Department of Energy pursu- ant to section 2077(b) of title 42. Such sys- tem shall be capable of providing assur- ances that— (I) the identified recipients of the nu- clear technology are authorized to re- ceive the nuclear technology; (II) the nuclear technology identified for transfer will be used only for peaceful safeguarded nuclear activities and will not be used for any military or nuclear explosive purpose; and (III) the nuclear technology identified for transfer will not be retransferred without the prior consent of the United States, and facilities, equipment, or ma- terials derived through the use of trans- ferred technology will not be transferred without the prior consent of the United States. Page 2032 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8003 1 So in original. Probably should be ‘‘Regulations,’’. (iii) In the event the IAEA is unable to implement safeguards as required by an agreement for cooperation arranged pursu- ant to section 2153 of title 42, appropriate assurance that arrangements will be put in place expeditiously that are consistent with the requirements of section 2153(a)(1) of title 42 regarding the maintenance of safeguards as set forth in the agreement regardless of whether the agreement is ter- minated or suspended for any reason. (C) Implementation The measures described in subparagraph (B) shall be implemented to provide reason- able assurances that the recipient is com- plying with the relevant requirements, terms, and conditions of any licenses issued by the United States regarding such exports, including those relating to the use, re- transfer, safe handling, secure transit, and storage of such exports. (e) Omitted (f) Sunset The authority provided under subsection (a)(1) to exempt an agreement shall terminate upon October 8, 2008. (g) Reporting to Congress (1) Information on nuclear activities of India The President shall keep the appropriate congressional committees fully and currently informed of the facts and implications of any significant nuclear activities of India, includ- ing— (A) any material noncompliance on the part of the Government of India with— (i) the nonproliferation commitments undertaken in the Joint Statement of July 18, 2005, between the President of the United States and the Prime Minister of India; (ii) the separation plan presented in the national parliament of India on March 7, 2006, and in greater detail on May 11, 2006; (iii) a safeguards agreement between the Government of India and the IAEA; (iv) an Additional Protocol between the Government of India and the IAEA; (v) an agreement for cooperation be- tween the Government of India and the United States Government arranged pursu- ant to section 2153 of title 42 or any subse- quent arrangement under section 2160 of title 42; (vi) the terms and conditions of any ap- proved licenses regarding the export or re- export of nuclear material or dual-use ma- terial, equipment, or technology; and (vii) United States laws and regulations regarding such licenses; (B) any material inconsistencies between the content or timeliness of notifications by the Government of India pursuant to para- graph 14(a) of the Safeguards Agreement and the facilities and schedule described in para- graph (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; (C) the construction of a nuclear facility in India after December 18, 2006; (D) significant changes in the production by India of nuclear weapons or in the types or amounts of fissile material produced; and (E) changes in the purpose or operational status of any unsafeguarded nuclear fuel cycle activities in India. (2) Implementation and compliance report Not later than 180 days after the date on which an agreement for cooperation with India arranged pursuant to section 2153 of title 42 enters into force, and annually thereafter, the President shall submit to the appropriate congressional committees a report including— (A) a description of any additional nuclear facilities and nuclear materials that the Government of India has placed or intends to place under IAEA safeguards; (B) a comprehensive listing of— (i) all licenses that have been approved by the Nuclear Regulatory Commission and the Secretary of Energy for exports and reexports to India under parts 110 and 810 of title 10, Code of Federal Regulations; (ii) any licenses approved by the Depart- ment of Commerce for the export or reex- port to India of commodities, related tech- nology, and software which are controlled for nuclear nonproliferation reasons on the Nuclear Referral List of the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulation,1 or any successor regulation; (iii) any other United States authoriza- tions for the export or reexport to India of nuclear materials and equipment; and (iv) with respect to each such license or other form of authorization described in clauses (i), (ii), and (iii)— (I) the number or other identifying in- formation of each license or authoriza- tion; (II) the name or names of the author- ized end user or end users; (III) the name of the site, facility, or location in India to which the export or reexport was made; (IV) the terms and conditions included on such licenses and authorizations; (V) any post-shipment verification pro- cedures that will be applied to such ex- ports or reexports; and (VI) the term of validity of each such license or authorization; (C) a description of any significant nuclear commerce between India and other coun- tries, including any such trade that— (i) is not consistent with applicable guidelines or decisions of the NSG; or (ii) would not meet the standards applied to exports or reexports of such material, equipment, or technology of United States origin; (D) either— Page 2033 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8003 (i) an assessment that India is in full compliance with the commitments and ob- ligations contained in the agreements and other documents referenced in clauses (i) through (vi) of paragraph (1)(A); or (ii) an identification and analysis of all compliance issues arising with regard to the adherence by India to its commit- ments and obligations, including— (I) the measures the United States Government has taken to remedy or oth- erwise respond to such compliance issues; (II) the responses of the Government of India to such measures; (III) the measures the United States Government plans to take to this end in the coming year; and (IV) an assessment of the implications of any continued noncompliance, includ- ing whether nuclear commerce with India remains in the national security interest of the United States; (E)(i) an assessment of whether India is fully and actively participating in United States and international efforts to dissuade, isolate, and, if necessary, sanction and con- tain Iran for its efforts to acquire weapons of mass destruction, including a nuclear weap- ons capability (including the capability to enrich uranium or reprocess nuclear fuel), and the means to deliver weapons of mass destruction, including a description of the specific measures that India has taken in this regard; and (ii) if India is not assessed to be fully and actively participating in such efforts, a de- scription of— (I) the measures the United States Gov- ernment has taken to secure India’s full and active participation in such efforts; (II) the responses of the Government of India to such measures; and (III) the measures the United States Government plans to take in the coming year to secure India’s full and active par- ticipation; (F) an analysis of whether United States civil nuclear cooperation with India is in any way assisting India’s nuclear weapons program, including through— (i) the use of any United States equip- ment, technology, or nuclear material by India in an unsafeguarded nuclear facility or nuclear-weapons related complex; (ii) the replication and subsequent use of any United States technology by India in an unsafeguarded nuclear facility or unsafeguarded nuclear weapons-related complex, or for any activity related to the research, development, testing, or manu- facture of nuclear explosive devices; and (iii) the provision of nuclear fuel in such a manner as to facilitate the increased production by India of highly enriched uranium or plutonium in unsafeguarded nuclear facilities; (G) a detailed description of— (i) United States efforts to promote na- tional or regional progress by India and Pakistan in disclosing, securing, limiting, and reducing their fissile material stock- piles, including stockpiles for military purposes, pending creation of a worldwide fissile material cut-off regime, including the institution of a Fissile Material Cut- off Treaty; (ii) the responses of India and Pakistan to such efforts; and (iii) assistance that the United States is providing, or would be able to provide, to India and Pakistan to promote the objec- tives in clause (i), consistent with its obli- gations under international law and exist- ing agreements; (H) an estimate of— (i) the amount of uranium mined and milled in India during the previous year; (ii) the amount of such uranium that has likely been used or allocated for the pro- duction of nuclear explosive devices; and (iii) the rate of production in India of— (I) fissile material for nuclear explo- sive devices; and (II) nuclear explosive devices; (I) an estimate of the amount of elec- tricity India’s nuclear reactors produced for civil purposes during the previous year and the proportion of such production that can be attributed to India’s declared civil reac- tors; (J) an analysis as to whether imported uranium has affected the rate of production in India of nuclear explosive devices; (K) a detailed description of efforts and progress made toward the achievement of In- dia’s— (i) full participation in the Proliferation Security Initiative; (ii) formal commitment to the State- ment of Interdiction Principles of such Ini- tiative; (iii) public announcement of its decision to conform its export control laws, regula- tions, and policies with the Australia Group and with the Guidelines, Proce- dures, Criteria, and Controls List of the Wassenaar Arrangement; and (iv) effective implementation of the deci- sion described in clause (iii); (L) the disposal during the previous year of spent nuclear fuel from India’s civilian nuclear program, and any plans or activities relating to future disposal of such spent nu- clear fuel; and (M) with respect to the United States- India Agreement for Cooperation on Peace- ful 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 Ap- proval and Nonproliferation Enhancement Act— (i) a listing of— (I) all provision of sensitive nuclear technology to India, and other such in- formation as may be so designated by the United States or India under Article 1(Q); and (II) all facilities in India notified pur- suant to Article 7(1) of the Agreement; Page 2034 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8003 2 See References in Text note below. (ii) a description of— (I) any agreed safeguards or any other form of verification for by-product mate- rial decided by mutual agreement pursu- ant to the terms of Article 1(A) of the Agreement; (II) research and development under- taken in such areas as may be agreed be- tween the United States and India as de- tailed in Article 2(2)(a.) of the Agree- ment; (III) the civil nuclear cooperation ac- tivities undertaken under Article 2(2)(d.) of the Agreement; (IV) any United States efforts to help India develop a strategic reserve of nu- clear 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 oc- curred or are ongoing under Article 6(iii.) of the Agreement; and (VII) any transfers beyond the terri- torial 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 con- sultations; and (II) any matters not otherwise identi- fied in this report that have become the subject of consultations pursuant to Ar- ticle 13(2) of the Agreement, and a state- ment as to whether such matters were resolved by the end of the reporting pe- riod; and (iv) a statement as to whether— (I) any consultations are expected to occur under Article 16(5) of the Agree- ment; and (II) any enrichment is being carried out pursuant to Article 6 of the Agree- ment. (3) Submittal with other annual reports (A) Report on proliferation prevention Each annual report submitted under para- graph (2) after the initial report may be sub- mitted together with the annual report on proliferation prevention required under sec- tion 3281(a) of this title. (B) Report on progress toward regional non- proliferation The information required to be submitted under paragraph (2)(F) after the initial re- port may be submitted together with the an- nual report on progress toward regional non- proliferation required under section 2376(c) 2 of this title. (4) Form Each report submitted under this subsection shall be submitted in unclassified form, but may contain a classified annex. (Pub. L. 109–401, title I, § 104, Dec. 18, 2006, 120 Stat. 2729; Pub. L. 110–369, title I, §§ 101(c), 105, Oct. 8, 2008, 122 Stat. 4029, 4030.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d)(1), (2), (3)(A), was in the original ‘‘this title’’, meaning title I of Pub. L. 109–401, Dec. 18, 2006, 120 Stat. 2726, which is classi- fied principally to this chapter. For complete classi- fication of title I to the Code, see Short Title note set out under section 8001 of this title and Tables. Section 101(a) of the United States-India Nuclear Co- operation Approval and Nonproliferation Enhancement Act, referred to in subsec. (g)(2)(M), is section 101(a) of Pub. L. 110–369, which is set out in a note under section 8001 of this title. Section 2376(c) of this title, referred to in subsec. (g)(3)(B), was repealed by Pub. L. 113–188, title XIV, § 1401, Nov. 26, 2014, 128 Stat. 2023. CODIFICATION Section is comprised of section 104 of Pub. L. 109–401. Subsec. (e) of section 104 of Pub. L. 109–401 amended section 2153(d) of Title 42, The Public Health and Wel- fare. AMENDMENTS 2008—Subsec. (f). Pub. L. 110–369, § 101(c), substituted ‘‘October 8, 2008’’ for ‘‘the enactment of a joint resolu- tion under section 2153(d) of title 42 approving such an agreement’’. Subsec. (g)(1)(B) to (E). Pub. L. 110–369, § 105(a), added subpar. (B) and redesignated former subpars. (B) to (D) as (C) to (E), respectively. Subsec. (g)(2)(M). Pub. L. 110–369, § 105(b), added sub- par. (M). Executive Documents PROPOSED AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF INDIA CONCERNING PEACEFUL USES OF NUCLEAR ENERGY Determination of President of the United States, No. 2008–26, Sept. 10, 2008, 73 F.R. 54287, provided: Memorandum for the Secretary of State [and] the Secretary of Energy I have considered the Proposed Agreement for Co- operation Between the Government of the United States of America and the Government of India Con- cerning Peaceful Uses of Nuclear Energy, along with the views, recommendations, and statements of inter- ested agencies. I have determined that the performance of the Agree- ment will promote, and will not constitute an unrea- sonable risk to, the common defense and security. Pur- suant to section 123 b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2153(B) [sic]), I hereby ap- prove the proposed agreement and authorize the Sec- retary of State to arrange for its execution. In addition, pursuant to the authority vested in me by the Constitution and the laws of the United States of America, including the Henry J. Hyde United States- India Peaceful Atomic Energy Cooperation Act of 2006 (Public Law 109–401), I hereby determine that: 1. India has provided the United States and the IAEA with a credible plan to separate civil and military nu- clear facilities, materials, and programs, and has filed a declaration regarding its civil facilities and materials with the IAEA; 2. India and the IAEA have concluded all legal steps required prior to signature by the parties of an agree- 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.