12 2 STA T .40 2 9PUBLIC LA W 110 –36 9 —O CT. 8, 2008 TI T LE I —AP P ROV ALO FUN ITE DS TATES - INDIA A G REE M ENT FOR C O- OPERATION ON PEACEFUL USES OF NUCLEAR ENERG YSEC.10 1. AP P ROV A L O F A G REE M E NT . (a)INGE NE RAL.—Notwi t hs ta nd in g th epr o v isions f or c ongres - siona l consideration and approval of a proposed agree m ent for cooperation in section 123b . and d. of the A tomic E nerg y Act of1 954 (42 U . S . C . 2153 (b) and (d)) , Congress hereby approves the United States-India Agreement for Cooperation on P eacef u l Uses of Nuclear Energy, sub j ect to subsection (b). (b) A P PL IC A B ILI TYOF ATO M IC ENER G Y ACT OF 1954, H Y D E ACT, AND O T H ER PRO V I S IONS OF L A W .— T he Agreement shall be subject to the provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2 0 11etse q .), the Henry J . Hyde United States-India Peaceful Atomic Energy Cooperation Act of 200 6 (22 U.S.C. 8 001 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 agree- ment for cooperation in section 123 b. and d. of the Atomic Energy Act of 1954. (c) S U NSET OF E X EMPTION 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 stri k ing ‘ ‘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. 10 2 . D ECLARAT I ONS OF POLIC Y; CERTIFICATION RE QU IREMENT; RULE OF CONSTRUCTION. (a) D ECLARATIONS OF POLICY R ELATING TO M EANING AND LEGAL EFFECT OF AGREEMENT.—Congress declares that it is the under- standing 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 representa- tions 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 E Q UIPMENT, 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 trans- fers 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
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