"India, which has not signed the Nuclear Nonproliferation Treaty (NPT) 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 is governed by the Atomic Energy Act (AEA). P.L. 109-401, which President Bush signed into law on December 18, 2006, provides waivers of several provisions of the AEA (Sections 123 a. (2), 128, and 129). It requires that several steps occur before nuclear cooperation can proceed. On September 10, 2008, President Bush submitted to Congress a written determination that these requirements had been met. That same day, the President submitted the text of the proposed agreement, which had not yet been signed. The President also submitted a written determination (also required by the AEA) 'that the performance of the proposed agreement will promote and will not constitute an unreasonable risk to, the common defense and security.' In addition, President Bush submitted several documents, including classified and unclassified versions of a Nuclear Proliferation Assessment Statement, which is required by section 123 of the AEA. The Department of State also submitted a report required by P.L. 109- 401 on various aspects of the agreement."
CRS Report for Congress, RL33016