(1) Information on nuclear activities of IndiaThe President shall keep the appropriate congressional committees fully and currently informed of the facts and implications of any significant nuclear activities of India, including—(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 between the Government of India and the United States Government arranged pursuant to section 2153 of title 42 or any subsequent arrangement under section 2160 of title 42;
(vi) the terms and conditions of any approved licenses regarding the export or reexport of nuclear material or dual-use material, equipment, or technology; and
(vii) United States laws and regulations regarding such licenses;
(B) any material inconsistencies between the span 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) 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 reportNot 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 Department of Commerce for the export or reexport to India of commodities, related technology, 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,11 So in original. Probably should be “Regulations,”.
or any successor regulation; (iii) any other United States authorizations 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 information of each license or authorization;(II) the name or names of the authorized 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 procedures that will be applied to such exports 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 countries, 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—(i) an assessment that India is in full compliance with the commitments and obligations 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 commitments and obligations, including—(I) the measures the United States Government has taken to remedy or otherwise 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, including 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 contain Iran for its efforts to acquire weapons of mass destruction, including a nuclear weapons 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 description of—(I) the measures the United States Government 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 participation;
(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 equipment, 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 manufacture 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 national or regional progress by India and Pakistan in disclosing, securing, limiting, and reducing their fissile material stockpiles, 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 objectives in clause (i), consistent with its obligations under international law and existing 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 production of nuclear explosive devices; and
(iii) the rate of production in India of—(I) fissile material for nuclear explosive devices; and(II) nuclear explosive devices;
(I) an estimate of the amount of electricity 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 reactors;
(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 India’s—(i) full participation in the Proliferation Security Initiative;
(ii) formal commitment to the Statement of Interdiction Principles of such Initiative;
(iii) 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 Controls List of the Wassenaar Arrangement; and
(iv) effective implementation of the decision 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 nuclear fuel; and
(M) 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—(i) a listing of—(I) all provision of sensitive nuclear technology to India, and other such information as may be so designated by the United States or India under Article 1(Q); and(II) all facilities in India notified pursuant to Article 7(1) of the Agreement;
(ii) a description of—(I) any agreed safeguards or any other form of verification for by-product material decided by mutual agreement pursuant to the terms of Article 1(A) of the Agreement;(II) research and development undertaken in such areas as may be agreed between the United States and India as detailed in Article 2(2)(a.) of the Agreement;(III) the civil nuclear cooperation activities undertaken under Article 2(2)(d.) of the Agreement;(IV) any United States efforts to help India develop a strategic reserve of nuclear 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 occurred or are ongoing under Article 6(iii.) of the Agreement; and(VII) any transfers beyond the territorial 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 consultations; and(II) any matters not otherwise identified in this report that have become the subject of consultations pursuant to Article 13(2) of the Agreement, and a statement as to whether such matters were resolved by the end of the reporting period; and
(iv) a statement as to whether—(I) any consultations are expected to occur under Article 16(5) of the Agreement; and(II) any enrichment is being carried out pursuant to Article 6 of the Agreement.