"India, which has not signed the Nuclear Nonproliferation Treaty (NPT) and does not have International Atomic Energy Agency safeguards on all nuclear material in peaceful nuclear activities, 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. [...] On September 27, 2008, the House passed H.R. 7081, which approved the agreement. The Senate Committee on Foreign Relations approved identical legislation, S. 3548, September 23. The Senate passed H.R. 7081 October 1. President Bush signed P.L. 110-369 into law October 8. Secretary of State Condoleezza Rice and India's External Affairs Minister Shri Pranab Mukherjee signed the agreement October 10, and it entered into force December 6, 2008. However, several steps remain before U.S. companies can start nuclear trade with India. For example, P.L. 110-369 requires that, before the Nuclear Regulatory Commission can issue licenses for U.S. nuclear exports to India, the President must determine and certify to Congress that New Delhi's IAEA safeguards agreement has entered into force and that India's declaration of its nuclear facilities to the agency 'is not materially inconsistent with the facilities and schedule' described in a separation plan that New Delhi provided to Washington. India's safeguards agreement entered into force in May 2009, and New Delhi has filed the declaration with the IAEA [International Atomic Energy Agency]. The President submitted the required certifications to Congress February 3."
CRS Report for Congress, RL33016