109-401 ), which then-President Bush signed into law December 18, 2006, provided the President with the means to waive a U.S. nuclear cooperation agreement with India from several requirements of the Atomic Energy Act (AEA) of 1954, as amended. President Bush submitted the text of the proposed agreement to Congress September 10, 2008. President Bush also determined that P.L. On October 8, President Bush signed P.L. Then-Secretary of State Condoleezza Rice and India's then-External Affairs Minister Shri Pranab Mukherjee signed the agreement October 10, 2008. India has not signed the NPT and does not have such safeguards, but other countries have still been increasing their nuclear cooperation with New Delhi. Although Assistant Secretary of State Robert Blake stated November 15, 2010, that "U.S. firms have already begun negotiations with their Indian counterparts," U.S. firms may be reluctant to engage in nuclear trade with India if the government does not resolve concerns regarding its policies on liability for nuclear reactor operators and suppliers. India signed the Convention on Supplementary Compensation for Nuclear Damage (CSC), which has not yet entered into force, October 27, 2010. In addition, the agreement requires the United States and India to "agree on arrangements and procedures under which such reprocessing or other alteration in form or content will take place in this new facility." India's Nuclear Cooperation with Other Countries22

Since a September 2008 NSG decision to exempt India from some of its export requirements, New Delhi has negotiated nuclear cooperation agreements with NSG countries other than the United States. 109-401 requires (1) provision of a credible separation plan for India's nuclear facilities; (2) approval by the IAEA Board of Governors of India's new nuclear safeguards agreement; (3) substantial Indian progress toward concluding an Additional Protocol to its safeguards agreement; (4) India's active support for the conclusion of a treaty to ban fissile material production for nuclear weapons; (5) India's support for U.S. and international efforts to halt the spread of sensitive nuclear fuel cycle technologies (enrichment and reprocessing); (6) India taking necessary steps to secure nuclear and other sensitive materials and technologies through adherence to multilateral control regimes, such as the NSG and the Missile Technology Control Regime; and (7) a consensus decision by the NSG to except India from some of the Group's export control guidelines. India signed the agreement February 2, 2009, and it entered into force May 11, 2009. According to a November 8, 2010, White House fact sheet, the United States "intends to support India's full membership" in the NSG, as well as the MTCR, the Australia Group, and the Wassenaar Arrangement "in a phased manner." P.L. 110-369 into law October 8, 2008. P.L. Although India conducted a "peaceful" nuclear test in 1974 and tested nuclear weapons in 1998, it is not a recognized nuclear-weapon state. The United States created the Nuclear Suppliers Group (NSG), a voluntary nuclear export regime, in 1975. Bush Administration Policy
The Bush Administration had been considering a strategic partnership with India as early as 2001. Noting the "significance of civilian nuclear energy for meeting growing global energy demands in a cleaner and more efficient manner," President Bush said he would "work to achieve full civil nuclear energy cooperation with India" and would "also seek agreement from Congress to adjust U.S. laws and policies." Many observers have noted that India has not taken any measures to restrain its nuclear weapons program.
India, which has not signed the Nuclear Nonproliferation Treaty and does not have International Atomic Energy Agency safeguards on all of its nuclear material, exploded a "peaceful" nuclear device in 1974, convincing the world of the need for greater restrictions on nuclear trade. The United States created the Nuclear Suppliers Group (NSG) as a direct response to India's test, halted nuclear exports to India a few years later, and worked to convince other states to do the same. India tested nuclear weapons again in 1998. However, President Bush announced July 18, 2005, he would "work to achieve full civil nuclear energy cooperation with India" and would "also seek agreement from Congress to adjust U.S. laws and policies," in the context of a broader partnership with India.
U.S. nuclear cooperation with other countries is governed by the Atomic Energy Act (AEA) of 1954 (P.L. 95-242). However, P.L. 109-401, which President Bush signed into law on December 18, 2006, allows the President to waive several provisions of the AEA. On September 10, 2008, President Bush submitted to Congress, in addition to other required documents, a written determination that P.L. 109-401's requirements for U.S. nuclear cooperation with India to proceed had been met. President Bush signed P.L. 110-369, which approved the agreement, into law October 8, 2008. Then-Secretary of State Condoleezza Rice and India's then-External Affairs Minister Shri Pranab Mukherjee signed the agreement two days later, and it entered into force December 6, 2008. Additionally, the United States and India signed a subsequent arrangement in July 2010 which governs "arrangements and procedures under which" India may reprocess U.S.-origin nuclear fuel in two new national reprocessing facilities, which New Delhi has not yet constructed.
The NSG, at the behest of the Bush Administration, agreed in September 2008 to exempt India from some of its export guidelines. That decision has effectively left decisions regarding nuclear commerce with India almost entirely up to individual governments. Since the NSG decision, India has concluded numerous nuclear cooperation agreements with foreign suppliers. However, U.S. companies have not yet started nuclear trade with India and may be reluctant to do so if New Delhi does not resolve concerns regarding its policies on liability for nuclear reactor operators and suppliers. Taking a step to resolve such concerns, India signed the Convention on Supplementary Compensation for Nuclear Damage, which has not yet entered into force, October 27, 2010. However, many observers have argued that Indian nuclear liability legislation adopted in August 2010 is inconsistent with the Convention.
The Obama Administration has continued with the Bush Administration's policy regarding civil nuclear cooperation with India. According to a November 8, 2010, White House fact sheet, the United States "intends to support India's full membership" in the NSG, as well as other multilateral export control regimes.