Waiver authority and congressional approval

If the President makes the determination described in subsection (b), the President may— waive with respect to India the application of— The determination referred to in subsection (a) is a determination by the President that the following actions have occurred: India is taking the necessary steps to secure nuclear and other sensitive materials and technology, including through— The President shall submit to the appropriate congressional committees the determination made pursuant to subsection (b), together with a report detailing the basis for the determination. To the fullest extent available to the United States, the report referred to in paragraph (1) shall include the following information: 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 nuclear-weapon State Party to the NPT that would in any way assist, encourage, or induce that country to manufacture or otherwise acquire nuclear weapons or nuclear explosive devices. Notwithstanding the entry into force of an agreement for cooperation with India arranged pursuant to section 2153 of title 42 and pursuant to this chapter, no item subject to such agreement or subject to the transfer guidelines of the NSG, or to NSG decisions related thereto, may be transferred to India if such transfer would be inconsistent with the transfer guidelines of the NSG in effect on the date of the transfer. Notwithstanding the entry into force of an agreement for cooperation with India arranged 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, equipment, or technology to India shall be terminated if there is any materially significant transfer by an Indian person of— The President may choose not to terminate exports of nuclear and nuclear-related material, equipment, and technology to India under subparagraph (A) if— The Nuclear Regulatory Commission may only issue licenses for the export or reexport to India of any equipment, components, or materials related to the enrichment of uranium, the reprocessing of spent nuclear fuel, or the production of heavy water if the requirements of subparagraph (B) are met. The Secretary of Energy may only issue authorizations for the transfer or retransfer to India of any equipment, materials, or technology related to the enrichment of uranium, the reprocessing of spent nuclear fuel, or the production of heavy water (including under the terms of a subsequent arrangement under section 2160 of title 42) if the requirements of subparagraph (B) are met. Exports, reexports, transfers, and retransfers referred to in subparagraph (A) may only be approved if— the end user— The President shall ensure that all appropriate measures are taken to maintain accountability with respect to nuclear materials, equipment, and technology sold, leased, exported, or reexported to India so as to ensure— The measures taken pursuant to subparagraph (A) shall include the following: A detailed system of reporting and accounting for technology transfers, including any retransfers in India, authorized by the Department of Energy pursuant to section 2077(b) of title 42. Such system shall be capable of providing assurances that— The measures described in subparagraph (B) shall be implemented to provide reasonable assurances that the recipient is complying with the relevant requirements, terms, and conditions of any licenses issued by the United States regarding such exports, including those relating to the use, retransfer, safe handling, secure transit, and storage of such exports. The authority provided under subsection (a)(1) to exempt an agreement shall terminate upon October 8, 2008. The President shall keep the appropriate congressional committees fully and currently informed of the facts and implications of any significant nuclear activities of India, including— any material noncompliance on the part of the Government of India with— 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 comprehensive listing of— with respect to each such license or other form of authorization described in clauses (i), (ii), and (iii)— a description of any significant nuclear commerce between India and other countries, including any such trade that— either— an identification and analysis of all compliance issues arising with regard to the adherence by India to its commitments and obligations, including— if India is not assessed to be fully and actively participating in such efforts, a description of— an analysis of whether United States civil nuclear cooperation with India is in any way assisting India’s nuclear weapons program, including through— a detailed description of— an estimate of— the rate of production in India of— a detailed description of efforts and progress made toward the achievement of India’s— with respect to the United States-India Agreement for Cooperation on Peaceful Uses of Nuclear Energy (hereinafter in this subparagraph referred to as the “Agreement”) approved under section 101(a) of the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act— a listing of— a description of— an analysis of— a statement as to whether— Each annual report submitted under paragraph (2) after the initial report may be submitted together with the annual report on proliferation prevention required under section 3281(a) of this title. The information required to be submitted under paragraph (2)(F) after the initial report may be submitted together with the annual report on progress toward regional nonproliferation required under section 2376(c) 22 See References in Text note below. of this title. Each report submitted under this subsection shall be submitted in unclassified form, but may contain a classified annex.