12 2 STA T .403 0 PUBLIC LA W 110 – 3 69—O CT. 8, 2008 of20 0 6( 22 U.S . C . 8 002( b) ( 1 0)) ,any n ucle a rp o w er reac t or fuel re s er v e prov id edtot h e G overn m ent of I ndia for use in safe g uarded civilian nuclear facilities should be commensurate with reasonable reactor operating re q uirements. (c) C ERTIF I CA TI ONR E QU IRE M ENT. —B efore e x changing diplo - matic notes pursuant to A rticle 16(1) of the Agreement, the P resi- dent shall certify to Congress that entry into force and implementa- tion of the Agreement pursuant to its terms is consistent with the obligation of the United States under the T reaty on the N on- Proliferation of Nuclear W eapons, done at Washington, L ondon, and M oscow J uly1,1 9 68, and entered into force March 5 ,19 7 0 (commonly k nown 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) RU L EOFCON S TRUCTION.—Nothing in the Agreement shall be construed to supersede the legal requirements of the H enry J. Hyde United States-India Peaceful Atomic E nergy Cooperation Act of 2006 or the Atomic Energy Act of 195 4 . SEC.103 . AD D IT I ON A LPR OTOCOL B ET W EEN INDIA AND T H E 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. 10 4 .I M PLEMENTATION O F SAFE GU ARDS 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 F acilities, 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 1 3 of the Safeguards Agree- ment 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. 10 5 . MODIFIED REPORTING TO CONGRESS. (a) INFORMATION ON NUCLEAR ACTI V ITIES OF IN D IA.—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) Presid e nt.C erti f i ca ti o n. President.
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